{"id":4522,"date":"2014-05-26T00:19:51","date_gmt":"2014-05-26T04:19:51","guid":{"rendered":"http:\/\/www.wasobamaborninkenya.com\/blog\/?p=4522"},"modified":"2014-05-26T01:09:17","modified_gmt":"2014-05-26T05:09:17","slug":"carlisle-v-united-states-83-u-s-147-1872-being-a-citizen-is-not-a-precondition-or-requirement-to-be-charged-with-and-found-guilty-of-treason","status":"publish","type":"post","link":"https:\/\/www.wasobamaborninkenya.com\/blog\/carlisle-v-united-states-83-u-s-147-1872-being-a-citizen-is-not-a-precondition-or-requirement-to-be-charged-with-and-found-guilty-of-treason\/","title":{"rendered":"Carlisle v. United States, 83 U.S. 147 (1872): Being a citizen is not a precondition or requirement to be charged with, and found guilty of, treason."},"content":{"rendered":"

\"palacio<\/a>The government of Kenya has officially asked that the charge of treason be added to their request for my extradition to Kenya. How can I be charged with treason when I am not, and never have been, a citizen of Kenya?<\/span><\/p>\n

I’m not entirely sure but what I have ascertained is that there are other countries in which a person can be charged with, and found guilty of, treason even if they are not a citizen of that country.<\/span><\/p>\n

Two such countries, and there are likely others but I have not yet had sufficient time to conduct a comprehensive search, are:<\/span><\/p>\n

1. \u00a0United States of America<\/strong><\/span><\/p>\n

2. \u00a0Germany<\/strong><\/span><\/p>\n

Germany will be discussed later, hopefully sometime in the next few days, and today’s report we will cover the United States of America.<\/span><\/p>\n

Carlisle v. United States, 83 U.S. 147 (1872)<\/span><\/p>\n

The following has been truncated and readers are implored and advised to read the entire decision which can be found online be searching for the above referenced US Supreme Court decision.<\/span><\/p>\n

This was an appeal from the Court of Claims. The claimants there were subjects of the Queen of Great Britain, but had been residents within the United States prior to the war of the rebellion, and during its continuance. In 1864 they were the owners of sixty-five bales of cotton stored on a plantation in Alabama. This cotton was seized during that year by naval officers of the United States and turned over to an agent of the Treasury Department, by whom the cotton was sold and the proceeds paid into the treasury.<\/span><\/p>\n

The action was brought in the Court of Claims under the act of Congress of March 12th, 1863, known as\u00a0the Captured and Abandoned Property Act, to recover these proceeds.<\/span><\/p>\n

The court found that the claimants were the owners of the cotton, and that it was seized and sold as stated, and that the net proceeds, amounting to $43,232, were paid into the treasury.<\/span><\/p>\n

The court also found that the government of Great Britain accords to citizens of the United States the right to prosecute claims against that government in its own courts; but that the claimants were engaged, in 1862, in manufacturing saltpetre in Alabama, and selling that article to the Confederate States, and that they thus gave aid and comfort to the rebellion, and for that reason were not entitled to recover the proceeds of the cotton seized. Their petition was accordingly dismissed. The facts connected with the manufacture and sale of the saltpetre are thus stated by the court in its findings:<\/span><\/p>\n

‘From having, in 1860 and 1861, been engaged in the business of railroad contractors, they began in December, 1861, the manufacture of saltpetre at Santa Cave, Alabama, and continued engaged therein until the following April, when, owing to the presence of United States troops in the vicinity, they left the cave, and remained absent therefrom until the following October, when, immediately after the evacuation of Huntsville, Alabama, by the United States forces, they resumed work in making saltpetre at said cave, and continued it about two months. Their right to make saltpetre there was under a contract of lease between the owners of the cave and other parties, which had been transferred to the claimants, by whom it was, in May, 1863, sold and transferred to the so-called ‘Confederate States of America’ for $34,600. On the 28th of March, 1862, the claimants sold to the said Confederate States of America 2480 lbs. of saltpetre, at 75 cents per pound, in all $1860, and received payment therefor at Richmond, Virginia, on the 27th of June, 1862, from a rebel captain of artillery; and on the 30th of November, 1862, they sold to the said ‘Confederate States’ 4209 lbs. of nitre, at 75 cents per pound, in all $3156.75,\u00a0\u00a0 \u00a0<\/span>and in the bill of the same, which the claimants receipted, it was expressed that the said nitre was ‘for manufacture of gunpowder;’ and the amount of said bill was paid at Larkinsville, Alabama, on the 24th of December, 1862, by the rebel ‘superintendent of nitre and mining district No. 9;’ and the claimants hired to the said ‘Confederate States’ wagons to transport the said nitre from Santa Cave to Rome, Georgia.’<\/span><\/p>\n

The circumstances attending the manufacture and sale of the saltpetre, as disclosed in the findings of the court, plainly show that the claimants knew that the saltpetre was to be used by the Confederates in the manufacture of gunpowder for the prosecution of the war of the rebellion, and there is little doubt that the sale was made in order to aid the Confederates in accomplishing their treasonable purposes. By thus furnishing materials for the prosecution of the war whilst they were domiciled in the country, knowing the uses to which the materials were to be applied, the claimants became participators in the treason of the Confederates equally as if they had been original conspirators with them. The Court of Claims, therefore, did not err in its conclusion that the act of the claimants in selling the saltpetre to the Confederates, under these circumstances, was an act of aid and comfort to the rebellion. We have already held in Hanauer v. Doane,1 and we repeat and reaffirm what we there said, that ‘he who, being bound by his allegiance to a government, sells goods to the agent of an armed combination to overthrow that government, knowing that the purchaser buys them for that treasonable purpose, is himself guilty of\u00a0treason or a misprision thereof. He voluntarily aids the treason. He cannot be permitted to stand on the nice metaphysical distinction that, although he knows that the purchaser buys the goods for the purpose of aiding the rebellion, he does not sell them for that purpose. The consequences of his acts are too serious and enormous to admit of such a plea. He must be taken to intend the consequences of his own voluntary act.<\/span><\/p>\n

\u00a0‘The rights of sovereignty,’ says Wildman, in his Institutes on International Law,7 ‘extend to all persons and things not privileged that are within the territory. They extend to all strangers therein, not only to those who are naturalized and to those who are domiciled therein, having taken up their abode with the intention of permanent residence, but also to those whose residence is transitory. All strangers are under the protection of the sovereign while they are within his territories, and owe a temporary allegiance in return for that protection.’<\/span><\/p>\n

‘The rights of sovereignty,’ says Wildman, in his Institutes on International Law,7 ‘extend to all persons and things not privileged that are within the territory. They extend to all strangers therein, not only to those who are naturalized and to those who are domiciled therein, having taken up their abode with the intention of permanent residence, but also to those whose residence is transitory. All strangers are under the protection of the sovereign while they are within his territories, and owe a temporary allegiance in return for that protection.’<\/span><\/p>\n

By allegiance is meant the obligation of fidelity and obedience which the individual owes to the government under which he lives, or to his sovereign in return for the protection he receives. It may be an absolute and permanent obligation, or it may be a qualified and temporary one. The citizen or subject owes an absolute and permanent allegiance to his government or sovereign, or at least until, by some open and distinct act, he renounces it and becomes a citizen or subject of another government or another sovereign. The alien, whilst domiciled in the country, owes a local and temporary allegiance, which continues during the period of his residence.<\/span><\/p>\n

This obligation of temporary allegiance by an alien resident in a friendly country is everywhere recognized by publicists and statesmen. In the case of Thrasher, a citizen of the United States resident in Cuba, who complained of injuries\u00a0suffered from the government of that island, Mr. Webster, then Secretary of State, made, in 1851, a report to the President in answer to a resolution of the House of Representatives, in which he said: ‘Every foreigner born residing in a country owes to that country allegiance and obedience to its laws so long as he remains in it, as a duty upon him by the mere fact of his residence, and that temporary protection which he enjoys, and is as much bound to obey its laws as native subjects or citizens. This is the universal understanding in all civilized states, and nowhere a more established doctrine than in this country.’ And again: ‘Independently of a residence with intention to continue such residence; independently of any domiciliation; independently of the taking of any oath of allegiance or of renouncing any former allegiance, it is well known that, by the public law, an alien or a stranger born, for so long a time as he continues within the dominions of a foreign government, owes obedience to the laws of that government, and may be punished for treason or other crimes as a native-born subject might be, unless his case is varied by some treaty stipulation.’<\/span><\/p>\n

The same doctrine is stated in Hale’s Pleas of the Crown,9 East’s Crown Law,10 and Foster’s Discourse upon High Treason,11 all of which are treatises of approved merit.<\/span><\/p>\n

Such being the established doctrine, the claimants here were amenable to the laws of the United States prescribing punishment for treason and for giving aid and comfort to the rebellion. They were, as domiciled aliens in the country prior to the rebellion, under the obligation of fidelity and obedience to the government of the United States. They subsequently took their lot with the insurgents, and would be subject like them to punishment under the laws they violated but for the proclamation of the President of December 25th, 1868. That proclamation, in its comprehensive terms, includes them and all others in like situation. It grants ‘unconditionally, and without reservation, to all\u00a0\u00a0and to every person who, directly or indirectly, participated in the late insurrection or rebellion, a full pardon and amnesty for the offence of treason against the United States, or of adhering to their enemies during the late civil war, with restoration of all rights, privileges, and immunities under the Constitution and the laws which have been made in pursuance thereof.’<\/span><\/p>\n

Please exercise your free speech in the comments section below. There are no stipulations of political correctness on this blog. Speak your mind, give us your thoughts, both objective and subjective. Share your ideas, hunches, inklings or your expertise. Please provide recommendation and corrections if you spot errors in fact within the blog report. Lastly, remember that posting a comment is much like casting a vote, so please do so.<\/span><\/p>\n

Photo credit and data: \u00a0<\/span><\/strong>\u00a0Lucas Daniel Smith. \u00a0March 2014. \u00a0Palacio Policia Nacional. \u00a0Santo Domingo, Dominican Republic.<\/span><\/p>\n","protected":false},"excerpt":{"rendered":"

The government of Kenya has officially asked that the charge of treason be added to their request for my extradition to Kenya. How can I be charged with treason when I am not, and never have been, a citizen of … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":6,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_links_to":"","_links_to_target":""},"categories":[4,538,65,12,2410,37,5,568,35],"tags":[13,69,2449,2450,2448,2441,2445,2446,136,4337,1696,4339,851,1432,2444,1523,2442,2443,2447],"class_list":["post-4522","post","type-post","status-publish","format-standard","hentry","category-barrack-obama-eligibility","category-j-a-lasorsa-assosiates","category-kenya-protectorate","category-lucas-daniel-smith","category-obama-binary-options","category-obama-birth-certificate","category-obama-news","category-sean-boyer","category-the-government-vs-lucas-daniel-smith","tag-barack-obama","tag-british-protectorate-of-kenya","tag-carlisle-v-united-states","tag-carlisle-v-united-states-1872","tag-carlisle-v-united-states-83-u-s-147-1872","tag-extradited-to-kenya","tag-extradition-to-kenya-obama","tag-germany-treason","tag-lucas-d-smith","tag-lucas-daniel-smith","tag-lucas-daniel-smith-obama-kenyan-birth-certificate","tag-obama-birth-certificate","tag-obama-born-in-kenya","tag-obama-coast-province-general-hospital","tag-obama-ineligible","tag-obama-kenya-birth-certificate","tag-treason","tag-treason-kenya","tag-united-states-treason-without-being-a-citizen"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/posts\/4522","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/users\/6"}],"replies":[{"embeddable":true,"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/comments?post=4522"}],"version-history":[{"count":11,"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/posts\/4522\/revisions"}],"predecessor-version":[{"id":4525,"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/posts\/4522\/revisions\/4525"}],"wp:attachment":[{"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/media?parent=4522"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/categories?post=4522"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.wasobamaborninkenya.com\/blog\/wp-json\/wp\/v2\/tags?post=4522"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}