Legal Proof That Texas Is A Sovereign Nation
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It is undisputed that Texas was originally a sovereign nation unto itself. The U.S. federal government-i.e the current regime controlling the USA clai8ms that Texas is now a subordinate state to the United States, having become such in 1845. However, this is 100% false; on the contrary, the People of the Republic of Texas simply agreed to be admitted as a state, and for their various officials to be bound by the Constitution and federal laws--not the People themselves.
Consider Article VI of the Constitution. This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. Note the underlined parties named above “the Judges in every state, The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States.”
Nowhere does this mention the People of any state, who are the rightful electors of these officials—and thus the final authority over them; therefore, this cannot in any way surrender or relinquish their own sovereignty as a state or People: for they, not their elected or appointed officials, were the true sovereign rulers of the Republic of Texas. The Actual Text of the Law Itself Below is the actual text of the Ordinance of Annexation, by which Texas agreed to be admitted into the United States: Ordinance of Annexation Here, sovereignty of Texas is recognized, but never relinquished; for nowhere in the above ordinance, do the People of Texas surrender or relinquish their sovereignty as a sovereign nation, to the United States proper-- to be governed at the mercy thereof, subject only to the right or revolution. On the contrary, it is retained at several points; and Texas’s statehood was therefore sovereign unto itself, and not subordinate to any other state.
Analysis Let us begin a point-by-point analysis of the Ordinance: 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 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 by admitted as one of the States of this Union. Here, this clearly recognizes that the territory in question properly belongs to the state of Texas, and recognizes that a state be erected within it and admitted as one of the United States. This in itself does not in any way relinquish Texas’s sovereignty as a nation, since such was never a condition of acceptance; certainly no such condition exists in the U.S. Constitution or elsewhere-- as covered under Article VI, 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. This not only fails to relinquish a new state’s sovereignty, but rather expressly retains it in Clause 2. Therefore, so far the Ordinance of Adoption does not relinquish Texas’s sovereignty.
Continuing with the Ordinance: 2nd. And be it further resolved, That the foregoing consent of Congress is given upon the following conditions, to wit: First, said state to be formed, subject to the adjustment by this government [i.e. the government of Texas] of all questions of boundary that may arise with other government [i.e. the United States or other sovereign states], --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. Here, the People of Texas clearly reserve the right for their government to adjust all questions of boundary with other governments; this definitely not only doesn’t relinquish sovereignty, but in fact implicitly retains it.
Continuing: Second, said state when admitted into the Union, after ceding to the United States all public edifices, fortifications, barracks, ports and harbors, navy and navy yards, docks, magazines and armaments, and all other means pertaining to the public defense, belonging to the said Republic of Texas, shall retain funds, debts, taxes and dues of every kind which may belong to, or be due and owing to the 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. This simply cedes public defenses to the United States, under constitutional provisions regarding the Common Defense and keeping of armaments; otherwise, Texas retains everything, while expressly separating all debts and liabilities from the United States. Once again, this both fails to relinquish sovereignty, and implicitly retains it; it would be absurd, after all, for a state to become subordinate to another nation, but continue to pay its own debts; on the contrary, all debts become those of the sovereign nation.
Continuing: 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 provisions of the Federal Constitution; and such states as may be formed out of the 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 shall 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. This simply pertains to the right of Texas to sub-divide itself, in accordance with Article IV, section 3 above, by giving permission of the state and federal legislatures; again, again, this doesn’t relinquish sovereignty in any way.
And finally: Now in order to manifest the assent of the people of this Republic, as required in the above recited portions of said resolutions, we the deputies of the people of Texas, in convention assembled, in their name and by their authority, do ordain and declare, that we assent to and accept the proposals, conditions and guarantees, contained in the first and second sections of the Resolution of the Congress of the United States aforesaid. Here we see the final phrase: “we assent to and accept the proposals, conditions and guarantees, contained in the first and second sections of the Resolution of the Congress of the United States aforesaid.” Since nowhere is sovereignty relinquished, then such assent is voluntary, while the guarantees are likewise secured by the retention of sovereignty rather than blind faith.
Thus, nowhere in this Ordinance, do the People of Texas ever surrender their sovereignty as a nation-- other than on a strictly voluntary and ongoing basis; and in fact they expressly and implicitly retain their sovereignty at several points. As such, the Texas remains a sovereign nation— it did not become a subordinate state to any other. Therefore, the People of Texas must recognize their sovereignty, and assert it to the United States, and to all recognized sovereign nations of the world, in order to demand recognition under established international law-- under jeopardy of forfeiting their own lawful sovereignty if they fail to do so. Brian McCandliss is the premier expert on the legality of secession and state independence, a business and economics graduate of Liberty University in Lynchburg, VA, an attorney, and a businessman in Detroit, Michigan. |
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