COURT OPINION - October 16, 2006 - UNITED STATES CODE -
CHAPTER 115 USC - TREASON STATUTES OF
THE FEDERAL UNION (UNITED STATES)
FACTS AT ISSUE
The Federal Union, especially since 1871, has been incorporated regarding all Federal Territories including Washington, D.C. President Grant was forced to allow the Bank of England to form the corporation so they could accept Stock in lieu of repayment of the Lincoln war debts borrowed from the Bank of England. The laws emanating from the Federal Union since1861 already had no jurisdictional application to the Confederate States of America, and the later incorporation of the Federal Districts and Territories were not inclusive of the Confederate States of America who never surrendered as either a national government nor as any of the thirteen Confederate States. The laws of the Federal Union since March 1861 simply do not apply to Citizens of the Confederate States of America nor to the territory and States involved in the Confederacy.
In addition, the Court has reviewed the additional lack of jurisdiction and of their own statutory lack of application to Citizens of the C.S.A.
CHAPTER 115——TREASON, SEDITION, AND SUBVERSIVE ACTIVITIESTitle 18 - Part I - Chapter 115 - Treason, Sedition, and Subversive Activities
The Statutes are in regular text and the Court’s evaluation of them are in bolded italics.
§§ 2381. Treason
§§ 2382. Misprision of treason
§§ 2383. Rebellion or insurrection
§§ 2384. Seditious conspiracy
§§ 2385. Advocating overthrow of Government
§§ 2386. Registration of certain organizations
§§ 2387. Activities affecting armed forces generally
§§ 2388. Activities affecting armed forces during war
§§ 2389. Recruiting for service against United States
§§ 2390. Enlistment to serve against United States
These Federal Union Statutes lack jurisdiction in the Confederate States of America.
§§ 2381. Treason
Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty of treason and shall suffer death, or shall be imprisoned not less than five years and fined under this title but not less than $10,000; and shall be incapable of holding any office under the United States.
Regarding Treason, the Federal Union and its laws utterly lack lawful jurisdiction in and over the Confederate States of America. Requiring the owing of allegiance to the United States violates the Fifth Amendment protection against compulsion and the Thirteenth Amendment protection against involuntary servitude. The unratified 14th amendment, which is grossly unconstitutional on several grounds, attempts to grant (or force involuntarily) national U. S. Citizenship (called "American Citizenship’) upon all native born inhabitants of the United States and their territories. The ratification of this amendment was demanded to be voted for by the Washington appointed rulers of the conquered States of the Confederacy as a condition for those States to be admitted again into the union (as satellite States of Washington). Even with that illegal and ridiculous vote by those States that were still out of the Union though being run by Yankee appointees, the ratification still fell short, but was proclaimed passed. The 14th Amendment alleges to make all people national citizens who were born in the territory (including the captured but un-surrendered CSA territory) of the United States. Their U.S. Constitution does not provide for national, but rather for State citizenship and it is voluntary. Thus, such 14th Amendment citizenship must be accepted by the person to be a valid contract even if it were Constitutional. Few, if any, Confederates have voluntarily agreed to be U. S. Citizens and Confederates do not owe allegiance to the United States. False accusation of a crime is slander and actionable for liability judgments.
§§ 2382. Misprision of treason
Whoever, owing allegiance to the United States and having knowledge of the commission of any treason against them, conceals and does not, as soon as may be, disclose and make known the same to the President or to some judge of the United States, or to the governor or to some judge or justice of a particular State, is guilty of misprision of treason and shall be fined under this title or imprisoned not more than seven years, or both.
This Federal Union law lacks jurisdiction in the Confederate States of America. Requiring the owing of allegiance to the United States violates the Fifth Amendment protection against compulsion and the Thirteenth Amendment protection against involuntary servitude. Confederates do not owe allegiance to the United States. False accusation of a crime is slander and actionable for liability judgments and Confederates not owing allegiance to the United States have no obligation to act as police and reveal anything to the United States.
§§ 2383. Rebellion or insurrection
Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto, shall be fined under this title or imprisoned not more than ten years, or both; and shall be incapable of holding any office under the United States.
This violates the spirit and intent of the Declaration of Independence and the First Amendment to the Constitution of the United States whether or not it is considered still in effect. It is neither rebellion nor insurrection to peacefully seek liberation of the Confederate States of America and an end to occupation of our Nation. This statute also violates the Ninth and Tenth Amendments to the Constitution of the United States whether or not it is considered still in effect as the people have the rights granted in the Declaration of Independence covered by the Ninth and Tenth Amendments to the Constitution. Even so, it has never been the goal of the Confederate States of America to overthrow the government of the United States. We do request a Peace Treaty with the United States and an end to the USA occupation of our Nation, the C.S.A.
This Federal Union law lacks jurisdiction in the Confederate States of America.
§§ 2384. Seditious conspiracy
If two or more persons in any State or Territory, or in any place subject to the jurisdiction of the United States, conspire to overthrow, put down, or to destroy by force the Government of the United States, or to levy war against them, or to oppose by force the authority thereof, or by force to prevent, hinder, or delay the execution of any law of the United States, or by force to seize, take, or possess any property of the United States contrary to the authority thereof, they shall each be fined under this title or imprisoned not more than twenty years, or both.
It has never been the goal of the Confederate States of America to overthrow the government of the United States or to invade them or to even oppose their occupation of our Nation by force. We do resent the USA occupation of our Nation and we are not legally subject to the jurisdiction of the United States. The C.S.A. shall work for a Peace Treaty and a negotiated termination of occupation. The Confederate States of America are not subject to the lawful jurisdiction of the United States.
This Federal Union law lacks jurisdiction in the Confederate States of America.
§§ 2385. Advocating overthrow of Government
Whoever knowingly or willfully advocates, abets, advises, or teaches the duty, necessity, desirability, or propriety of overthrowing or destroying the government of the United States or the government of any State, Territory, District or Possession thereof, or the government of any political subdivision therein, by force or violence, or by the assassination of any officer of any such government; or
This statute advocates a serious violation of the Freedom of Speech and of expression unless force or violence is involved and it also violates the Declaration of Independence which is comprehended and made Constitutional rights of the people by the Ninth and Tenth Amendments to the Constitution of the United States. In pertinent part from the Declaration of Independence:
. . .Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. . . .
For Confederates to seek liberation of their Nation is not a threat to the government of the United States since it does not entail the overthrowing or destroying of the government of the United States.
This Federal Union law lacks jurisdiction in the Confederate States of America
Whoever, with intent to cause the overthrow or destruction of any such government, prints, publishes, edits, issues, circulates, sells, distributes, or publicly displays any written or printed matter advocating, advising, or teaching the duty, necessity, desirability, or propriety of overthrowing or destroying any government in the United States by force or violence, or attempts to do so; or
This paragraph entails serious violation of the Freedom of Speech and of the press unless force or violence is involved and this Federal Union law lacks jurisdiction in the Confederate States of America and also violates the Declaration of Independence which is comprehended and made Constitutional law by the Ninth and Tenth Amendments to the Constitution of the United States. The use of the phrase "any government" would seem to indicate an intent to protect the inevitable despotism which was intended by the writers of this "law". Furthermore, force and violence is not a tactic of the C.S.A. for liberation, but rather negotiation for a Peace Treaty and alliances in exchange for termination of occupation.
Whoever organizes or helps or attempts to organize any society, group, or assembly of persons who teach, advocate, or encourage the overthrow or destruction of any such government by force or violence; or becomes or is a member of, or affiliates with, any such society, group, or assembly of persons, knowing the purposes thereof ——
This statute poses as a serious violation of the Freedom of Speech and association unless force or violence is involved and also the Right of assembly to petition the government and this Federal Union law lacks jurisdiction in the Confederate States of America and also violates the Declaration of Independence which is comprehended and made Constitutional law by the Ninth and Tenth Amendments to the Constitution of the United States.
The Constitution of the State of Texas, as do all of the pre-1865 Constitutions of the Confederate States, contain clauses essentially similar to the Texas clause listed below:
TEXAS CONSTITUTION 1861, ARTICLE I, SECTION 1 - Bill of Rights:
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit and they have at all times the inalienable right to alter, reform or abolish their form of government, in such manner as they may think expedient; and, therefore, no government or authority can exist or exercise power within the State of Texas, without the consent of the people thereof previously given; nor after that consent be withdrawn.
Significantly, the current Texas Constitution of 2006 still contains very similar provisions in favor of the people shown below:
TEXAS CONSTITUTION 2006, ARTICLE I - BILL OF RIGHTS, SECTION. 2.
All political power is inherent in the people, and all free governments are founded on their authority, and instituted for their benefit. The faith of the people of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.
Even more significant is the fact that all Southern (former Confederate States that are now reconstructed by the United States) still currently contain similar provisions in regards to the authority of the people over their State governments which is a strong State’s Right defense against allegations by the Federal Government of the United States who might wish to attempt to convict persons who may have simply been attempting to terminate occupation of their State and/or Nation of the Confederate States of America, gain a Peace Treaty with the United States and abolish the occupational government of the Federal Union (United States) over their respective States.
Shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
If two or more persons conspire to commit any offense named in this section, each shall be fined under this title or imprisoned not more than twenty years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
As used in this section, the terms "organizes" and "organize", with respect to any society, group, or assembly of persons, include the recruiting of new members, the forming of new units, and the regrouping or expansion of existing clubs, classes, and other units of such society, group, or assembly of persons.
Note: This last paragraph does not apply against another Government such as the C.S.A. and this Federal Union law lacks jurisdiction in the Confederate States of America and also violates the Declaration of Independence which is comprehended and made Constitutional law by the Ninth and Tenth Amendments to the Constitution of the United States.
Registration of certain organizations
(A) For the purposes of this section:
"Attorney General" means the Attorney General of the United States;
"Organization" means any group, club, league, society, committee, association, political party, or combination of individuals, whether incorporated or otherwise, but such term shall not include any corporation, association, community chest, fund, or foundation, organized and operated exclusively for religious, charitable, scientific, literary, or educational purposes;
This is class discrimination in the denial of rights to one class and the extension of privileges to another and is a Bill of Attainder. This does not apply against another Government such as the C.S.A. and this Federal Union law lacks jurisdiction in the Confederate States of America and also violates the Declaration of Independence which is comprehended and made Constitutional law by the Ninth and Tenth Amendments to the Constitution of the United States.
"Political activity" means any activity the purpose or aim of which, or one of the purposes or aims of which, is the control by force or overthrow of the Government of the United States or a political subdivision thereof, or any State or political subdivision thereof; This classification does not apply to citizens of other nations including the occupied Confederate States of America. The States of the Confederacy are not political subdivisions of the United States.
An organization is engaged in "civilian military activity" if:
(1) it gives instruction to, or prescribes instruction for, its members in the use of firearms or other weapons or any substitute therefor, or military or naval science; or
(2) it receives from any other organization or from any individual instruction in military or naval science; or
(3) it engages in any military or naval maneuvers or activities; or
(4) it engages, either with or without arms, in drills or parades of a military or naval character; or
(5) it engages in any other form of organized activity which in the opinion of the Attorney General constitutes preparation for military action;
An organization is "subject to foreign control" if:
(a) it solicits or accepts financial contributions, loans, or support of any kind, directly or indirectly, from, or is affiliated directly or indirectly with, a foreign government or a political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or political subdivision thereof, or a political party in a foreign country, or an international political organization; or
An individual donating to the Confederacy from the states in the Federal Union does not constitute either a foreign political party or a foreign government and does not establish foreign control by some other nation including the Federal Union (U.S.). The C.S.A. is a foreign nation as far as the U.S.A. is concerned as is Canada, the C.S.A. but, like Canada and Mexico, the C.S.A. is also a North American nation.
Thus, while being a separate nation from the United States, the C.S.A. is an occupied American nation being controlled by the U.S.A. This is a unique and exceptional situation to the advantage of the Confederacy in regards to attempts by the Federal Union (U.S.A.) to execute its laws within and with regard to the Confederacy and its citizens absent jurisdiction and substituting unlawful raw power for jurisdiction which produced very corrupt courts since they are based on illegal occupation.
(b) its policies, or any of them, are determined by or at the suggestion of, or in collaboration with, a foreign government or political subdivision thereof, or an agent, agency, or instrumentality of a foreign government or a political subdivision thereof, or a political party in a foreign country, or an international political organization. Suggestions from individuals living in the United States do not constitute a foreign government.
(B) (1) The following organizations shall be required to register with the Attorney General:
Every organization subject to foreign control which engages in political activity;
Every organization which engages both in civilian military activity and in political activity;
Every organization subject to foreign control which engages in civilian military activity; and
Every
organization, the purpose or aim of which, or one of the purposes or
aims of which, is the establishment, control, conduct, seizure, or
overthrow of a government or subdivision thereof by the use of force,
violence, military measures, or threats of any one or more of the
foregoing. Force and violence is not a tactic of
the C.S.A. for liberation, but rather negotiation for a Peace Treaty
and alliances in exchange for termination of occupation.
This Federal Union regulation lacks jurisdiction in the Confederate States of America. Every such organization shall register by
filing with the Attorney General, on such forms and in such detail as
the Attorney General may by rules and regulations prescribe, a
registration statement containing the information and documents
prescribed in subsection (B)(3) and shall within thirty days after the
expiration of each period of six months succeeding the filing of such
registration statement, file with the Attorney General, on such forms
and in such detail as the Attorney General may by rules and regulations
prescribe, a supplemental statement containing such information and
documents as may be necessary to make the information and documents
previously filed under this section accurate and current with respect
to such preceding six months’ period. Every statement required to be
filed by this section shall be subscribed, under oath, by all of the
officers of the organization.
This Federal Union regulation lacks jurisdiction in the Confederate States of America.
(2) This section shall not require registration or the filing of any statement with the Attorney General by:
(a) The armed forces of the United States; or
(b) The organized militia or National Guard of any State, Territory, District, or possession of the United States; or
This is a loop hole for the Confederate State Governments to establish an organized militia even during occupation and without permission of the satellite states of the Federal Union lacking jurisdiction. The Second Amendment grants the rights to keep and bear arms and the people are not forbidden the right of forming unregulated militias.
(c) Any law-enforcement agency of the United States or of any Territory, District or possession thereof, or of any State or political subdivision of a State, or of any agency or instrumentality of one or more States; or This is a loop hole for the Confederate State Governments to establish a law-enforcement agency, including the CIB.
(d) Any duly established diplomatic mission or consular office of a foreign government which is so recognized by the Department of State; or
(e) Any nationally recognized organization of persons who are veterans of the armed forces of the United States, or affiliates of such organizations.
(3) Every registration statement required to be filed by any organization shall contain the following information and documents: §§ 2386 (B)(3)(a)-(n) below listed do not apply to a foreign or separate American government such as the Confederate States of America, even under unlawful occupation by the United States, due to the utter lack of jurisdiction over the territory or organization of government of the Confederate States of America.
(a) The name and post-office address of the organization in the United States, and the names and addresses of all branches, chapters, and affiliates of such organization;
(b) The name, address, and nationality of each officer, and of each person who performs the functions of an officer, of the organization, and of each branch, chapter, and affiliate of the organization;
(c) The qualifications for membership in the organization;
(d) The existing and proposed aims and purposes of the organization, and all the means by which these aims or purposes are being attained or are to be attained;
(e) The address or addresses of meeting places of the organization, and of each branch, chapter, or affiliate of the organization, and the times of meetings;
(f) The name and address of each person who has contributed any money, dues, property, or other thing of value to the organization or to any branch, chapter, or affiliate of the organization;
(g) A detailed statement of the assets of the organization, and of each branch, chapter, and affiliate of the organization, the manner in which such assets were acquired, and a detailed statement of the liabilities and income of the organization and of each branch, chapter, and affiliate of the organization;
(h) A detailed description of the activities of the organization, and of each chapter, branch, and affiliate of the organization;
(i) A description of the uniforms, badges, insignia, or other means of identification prescribed by the organization, and worn or carried by its officers or members, or any of such officers or members;
(j) A copy of each book, pamphlet, leaflet, or other publication or item of written, printed, or graphic matter issued or distributed directly or indirectly by the organization, or by any chapter, branch, or affiliate of the organization, or by any of the members of the organization under its authority or within its knowledge, together with the name of its author or authors and the name and address of the publisher;
(k) A description of all firearms or other weapons owned by the organization, or by any chapter, branch, or affiliate of the organization, identified by the manufacturer’s number thereon;
(l) In case the organization is subject to foreign control, the manner in which it is so subject;
(m) A copy of the charter, articles of association, constitution, bylaws, rules, regulations, agreements, resolutions, and all other instruments relating to the organization, powers, and purposes of the organization and to the powers of the officers of the organization and of each chapter, branch, and affiliate of the organization; and
(n) Such other information and documents pertinent to the purposes of this section as the Attorney General may from time to time require.
All statements filed under this section shall be public records and open to public examination and inspection at all reasonable hours under such rules and regulations as the Attorney General may prescribe.
All of these Federal Union regulations and rules lack jurisdiction in the Confederate States of America.
(C) The Attorney General is authorized at any time to make, amend, and rescind such rules and regulations as may be necessary to carry out this section, including rules and regulations governing the statements required to be filed. Rules made by an official of another nation such as the Federal Union (USA) may be nullified by the Confederate States of America or a Confederate State therein or by a Citizen of a Confederate State therein.
(D) Whoever violates any of the provisions of this section shall be fined under this title or imprisoned not more than five years, or both.
All of these Federal Union regulations and rules lack jurisdiction in the Confederate States of America and legally are void and of no effect in the Confederacy. Nevertheless, the Federal Union may well attempt to prosecute against Confederates regardless of the lack of jurisdiction. Such has been their pattern for many decades against countries, Native Americans and persons they have raw and unlawful power over.
Whoever in a statement filed pursuant to this section willfully makes any false statement or willfully omits to state any fact which is required to be stated, or which is necessary to make the statements made not misleading, shall be fined under this title or imprisoned not more than five years, or both.
All of these Federal Union regulations and rules lack jurisdiction in the Confederate States of America. All of these Federal Union regulations and rules lack jurisdiction in the Confederate States of America and legally are void and of no effect in the Confederacy. Nevertheless, the Federal Union may well attempt to prosecute against Confederates regardless of the lack of jurisdiction. Such has been their pattern for many decades against countries and persons they have raw and unlawful power over.
§§ 2387. Activities affecting armed forces generally
(a) Whoever, with intent to interfere with, impair, or influence the loyalty, morale, or discipline of the military or naval forces of the United States:
(1) advises, counsels, urges, or in any manner causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States; or
(2) distributes or attempts to distribute any written or printed matter which advises, counsels, or urges insubordination, disloyalty, mutiny, or refusal of duty by any member of the military or naval forces of the United States——
Shall be fined under this title or imprisoned not more than ten years, or both, and shall be ineligible for employment by the United States or any department or agency thereof, for the five years next following his conviction.
These Federal Union laws lack jurisdiction in the Confederate States of America.
(b) For the purposes of this section, the term "military or naval forces of the United States" includes the Army of the United States, the Navy, Air Force, Marine Corps, Coast Guard, Naval Reserve, Marine Corps Reserve, and Coast Guard Reserve of the United States; and, when any merchant vessel is commissioned in the Navy or is in the service of the Army or the Navy, includes the master, officers, and crew of such vessel. §§ 2388. Activities affecting armed forces during war
(a) Whoever, when the United States is at war, willfully makes or conveys false reports or false statements with intent to interfere with the operation or success of the military or naval forces of the United States or to promote the success of its enemies; or
Whoever, when the United States is at war, willfully causes or attempts to cause insubordination, disloyalty, mutiny, or refusal of duty, in the military or naval forces of the United States, or willfully obstructs the recruiting or enlistment service of the United States, to the injury of the service or the United States, or attempts to do so——
Shall be fined under this title or imprisoned not more than twenty years, or both.
(b) If two or more persons conspire to violate subsection (a) of this section and one or more such persons do any act to effect the object of the conspiracy, each of the parties to such conspiracy shall be punished as provided in said subsection (a).
(c) Whoever harbors or conceals any person who he knows, or has reasonable grounds to believe or suspect, has committed, or is about to commit, an offense under this section, shall be fined under this title or imprisoned not more than ten years, or both.
(d) This section shall apply within the admiralty and maritime jurisdiction of the United States, and on the high seas, as well as within the United States.
This Federal Union law lacks jurisdiction in the Confederate States of America and lacks admiralty and maritime jurisdiction in the territory of the Confederacy and its coastline limits. Although lacking jurisdiction over citizens of the Confederate States of America, prudence advises avoidance of these complaints by CSA Citizens while our nation is under occupation of the Federal Union and the Federal Union (USA) is at war with some other unoccupied nation. It would be an exception to this instruction if the Federal Union was actively prosecuting hostile military actions against the occupied Confederate States of America as the Federal Union is still technically at war with the Confederacy absent a surrender thereby or the signing of a Peace Treaty.
§§ 2389. Recruiting for service against United StatesWhoever recruits soldiers or sailors within the United States, or in any place subject to the jurisdiction thereof, to engage in armed hostility against the same; or
Whoever opens within the United States, or in any place subject to the jurisdiction thereof, a recruiting station for the enlistment of such soldiers or sailors to serve in any manner in armed hostility against the United States——
Shall be fined under this title or imprisoned not more than five years, or both.
This Federal Union law lacks jurisdiction in the Confederate States of America. Although lacking jurisdiction over citizens of the Confederate States of America, prudence advises avoidance of these complaints by CSA Citizens while our nation is under occupation of the Federal Union.
§§ 2390. Enlistment to serve against United States
Whoever enlists or is engaged within the United States or in any place subject to the jurisdiction thereof, with intent to serve in armed hostility against the United States, shall be fined under this title or imprisoned not more than three years, or both.
This Federal Union law lacks jurisdiction in the Confederate States of America. Although lacking jurisdiction over citizens of the Confederate States of America, prudence advises avoidance of these complaints by CSA Citizens while our nation is under occupation of the Federal Union.
DISCUSSION BY THE CONSTITUTIONAL COURT
Should the occasion arise wherein some U. S. Attorney or Military Commission of the Federal Union (UNITED STATES, INC.) decide to attempt to charge a Confederate Citizen living in the territory of the Confederate States of America for Treason, Insurrection or any of the statues under Chapter 115 of the United States Code or of Military Commissions under S. 3098 the key issue is the lack of jurisdiction of United States government and their laws over such Citizen of the C.S.A.
It
must be recognized that a distinction exists between alleged acts of
Treason charged against Citizens of the Confederacy by the Federal
Union (the UNITED STATES OF AMERICA) and
acts of Treason charged against Citizens of the Confederacy against the
Confederate States of America. In this latter regard, Treason committed
against the Confederate States of America, the Court has presented
below the thinking of Congress on this issue and the Statutes they
passed in support of the C.S.A. Constitution of 1861.
ARTICLE III. SECTION 3, Constitution of the Confederate States of America - 1861.
(1) Treason against the Confederate States shall consist only in levying war against. them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
(2) The Confederate Congress shall have power to declare the punishment of treason; but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. [and against such person only and not their descendants].
The Congress of the Confederate States of America passed legislation in 1864 entitled CLAUSES RELATING TO MILITARY AND NAVAL AFFAIRS on Treason as follows:
405. States: This act shall continue in force for ninety days after the next meeting of Congress, and no longer:
Treason against the Confederate States shall consist . . . in adhering to their enemies, giving them aid and comfort.
1. Treasonable efforts or combinations to subvert the Government of the Confederate States.
2. Conspiracies to overthrow the government, or conspiracies to resist the lawful authorities of the Confederate States.
3. Combining to assist the enemy, or of communicating intelligence to the enemy, or giving him aid and comfort.
4. Conspiracies, preparations, and attempts to incite servile insurrection.
5. Spies and other emissaries of the enemy.
6. Conspiracies, or attempts or preparations to aid the enemy.
7. Persons advising or inciting others to abandon the Confederate cause, or to resist the Confederate States, or to adhere to the enemy.
It is the intention of the Constitutional Court to bring the thinking and intent behind the elements of the laws on Treason which had been passed and were abided in by the Congress of the Confederate States of America in 1864. It should help present day leaders and Citizens to understand lines of action beyond which they should not cross in order to avoid going against the thinking of these forefathers in regards to Treason against the Confederate States of America.
The
Court has considered each of the statutes of Chapter 115 of the U.S.
Code on Treason and we have commented on not only the gross lack of
jurisdiction for the United States to lodge such charges against
Citizens of the Confederate States of America for acts alleged to have
been committee within the territory of the Confederate States of
America, but on many violations of the U. S. Constitution and including
the Declaration of Independence of the delegates
COURT OPINION
1. It is the opinion of the Constitutional Court that the so-called Treason statutes found in US Code: Title 18,chapter 115 Treason, Sedition, and Subversive Activities - Crimes and Criminal Procedure/part I - Crimes that serious constitutional questions exist that should be addressed by the United States Supreme Court for violations of their (the United States) Constitution in regards to offenses alleged against U. S. Citizens acting within the territorial jurisdiction of the United States. This Court, however, has no jurisdiction over the affairs of the United States nor over or in their territory.
2. However, the Constitutional Court of the Confederate States of America does indeed have jurisdiction over the territory and the Constitution of the Confederate States of America and conversely, the United States of America has no lawful jurisdiction over the Constitution or government of the Confederate States of America. Further, the United States has no lawful jurisdiction over the Citizens of the Confederate States of America who are in the territory of the Confederacy.
3. The Justices of the Constitutional Court have considered the circumstances of the unlawful occupation of the territory of the Confederate States of America, by the military and governmental agencies and courts of the United States (Federal Union) to determine if the United States might have reasonable and lawful claim to jurisdiction over the territory they have conquered and now occupy.
a. The United States is still in a quasi-legal condition of war with the Confederate States of America, even though the war was unconstitutionally declared without Congress through a proclamation issued on April 15, 1861 by President Abraham Lincoln for the military invasion of the Confederacy whereby the military forces of the Union unlawfully invaded the Confederate States of America. This use of force by the military invasion of the Federal Union was not justified in any way.
b. The invasion was initiated by President Abraham Lincoln with Yankee troops entering into South Carolina to re-enforce Fort Sumter. This fort in South Carolina had been under construction, but was ordered turned over to the Confederacy by President James Buchanan of the United States. As these invading troops refused a truce to retire to the territory of the Union, the Confederate militia did fire upon the Fort in Confederate territory. The Union attempts to claim these were the first shots of the war, but that has been proven wrong as the first shots were fired from Ft. Pickins in Florida by Yankee troops still illegally in possession of that Fort. Union forces fired upon Confederate recon scouts in the woods who did not return fire. Most other forts in the South had been peacefully turned over to Confederate forces in obedience to orders to do so from U.S. President James Buchanan. Nevertheless, Union forces had initiated the invasion of South Carolina secretly moving 85 Yankee troops into the essentially deserted Fort Sumter on December 26, 1860, prior to Lincoln’s inauguration on March 4, 1861 and prior to his proclamation of military hostilities (unconstitutional declaration of war) against the Confederacy on April 27, 1861 challenging the rights of the States to secede from the Union.
c. Neither the national government of the Confederate States of America nor the elected Confederate State governments therein ever surrendered although they were over-run by Union forces. The United States government did attempt but failed to gain a surrender from President Jefferson Davis. Furthermore, no Peace Treaty has ever yet been signed between the two nations.
d. As the invasion of the Confederacy was unlawful, so was the ensuing occupation of the Confederate States by troops, courts and agents of the Federal Union (United States). The robbery and plundering of private estates in the South and the mandatory re-education of the children and populous of the South to vilify the Confederate Veterans and authorities and champion rouges, murderers and corrupt Yankee authorities such as Marxist Abraham Lincoln was illegal according to international law.
e. In the face of this unlawful occupation, Jurisdiction did not flee from the Confederate States of America over to the United States nor to their surrogate satellite states imposed upon the people of the South; Neither has time erased the impropriety of the invasion and occupation by the Federal Union.
f. Without Jurisdiction over the Constitution and Government of the Confederate States of America which still exists and still operates un-surrendered, no jurisdiction exists for the Federal Union Courts within the territory of the Confederacy, nor over the Constitution of the Confederate States of America. Thus the statutes of the United States Congress have no effect and are void within the nation of the Confederate States of America and may not be legally brought against the Citizens of the Confederate States of America who are within the territory of the Confederacy due to the United States lack of lawful and legal jurisdiction over the territory regardless of the continuing occupation.
g. Likewise, absent jurisdiction over the Confederate States of America no treaties signed by the United States with foreign governments bind the people or the Government of the Confederate States of America and the incorporation of Federal territory of the United States by President Ulysses S. Grant in 1871 can not include any so-called Federal territory in the Confederacy and no Lincoln war debt is owed to the Bank of England by the Confederate States of America or their Citizens in regards to that war debt.
h. In regards to the Patriot Act of the United States and their Department of Homeland Security and their latest S. 3930 cited as "Military Commission Act of 2006", these have no legal authority against Citizens of the Confederate States of America within the territory of the Confederacy.
i. In regards to the plans of the President of Mexico, the Prime Minister of Canada and the President of the United States to incorporate all three land masses into a New World Order type government called the North American Union under a new flag with new fiat money, the Constitutional Court warns that these three foreign governments lack jurisdiction over the Confederate States of America and their land mass and coast line territory. Such a new government shall be void in the Confederacy.
j. While the Confederacy does not advocate the use of force in their quest for the Liberation of their Nation, the CONFEDERATE STATES OF AMERICA, from unlawful occupation by the Federal Union (UNITED STATES, INC.) , the use of force and/or unjustified incarceration of Confederate citizens by the UNITED STATES, INC., regardless of their unlimited and unlawful use of Federal Agents and military power to maintain their occupation is now and would be in the future unjustified and completely lacking of jurisdiction. Such abuses would constitute major human rights violations of armed Federal agents and military attacks on civilian targets and a renewal of hostilities of the 1861 Declaration of War by the Federal Union rather than negotiated settlements and a Peace Treaty. In such an event, complaints would be lodged with the international community.
k. Invasion of Confederate Territory and States by other foreign powers, for example such as Mexico, Cuba, Venezuela or others, shall also be lacking in jurisdiction, violations of the laws of nations and of Human Rights and the citizens of the Confederacy would be justified in defending their families, homes, assets and their Confederate local and State governments.
l. The justices of the Constitutional Court, recognizing the possible inflammatory impact of this opinion recommends to the officials of the Confederate government and to the Citizens thereof and therein prudence and patience and the wisdom to avoid hostile confrontations with the occupying nation, the United States and their satellite State governments. Where possible, friendships and alliances should be developed rather than enemies. Neither nation can afford another round of the horrendous and horrific slaughter of 1861-1865 and even though a condition of war still technically exists we can ill afford consideration of the option of renewed military hostilities.