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Showing posts with label congress. Show all posts
Showing posts with label congress. Show all posts

Monday, February 8, 2021

A Declaratory Judgment Action In a Court of Law Is the Best Chance that We Have to Learn the Truth About the 2020 Presidential Election and the Capitol Invasion

 

A Declaratory Judgment Action In a Court of Law Is the Best Chance that We Have to Learn the Truth About the 2020 Presidential Election and the Capitol Invasion

By Mario Apuzzo, Esq.

February 8, 2021

 







It looks like I was correct when I warned about Republicans turning on former President Donald J. Trump. See my previous articles with comments, “President Trump Must Immediately File A Declaratory Judgment Action to Vindicate Himself and Put an End to the Election Controversy and New Impeachment” (Jan. 11, 2021), “President Trump Needs to Make His Impeachment Defense First In Court Before Making It In the Senate” (Jan. 17, 2021), and “Former President Donald J. Trump Should File a Declaratory Judgment Action and Not a Quo Warranto Action” (Jan. 26, 2021).  


We have this just before Trump's Senate impeachment trial is set to begin.  "Breaking With G.O.P., Top Conservative Lawyer Says Trump Can Stand Trial.”  Conservative Attorney Charles J. Cooper is the writer.  The mainstream media is in love with Mr. Cooper, given that he has represented and continues to represent various political foes of Trump and now argues that under the Constitution’s impeachment clause the House has the authority to charge and the Senate to convict a former president for his conduct occurring while he was in office, even though at the time of the Senate trial he is no longer in office. The simple reason for that is, as I have also stated, the Congress may still want to, in addition to removing such an offender from his current office, also ban him from future political office.  I have warned that this will be the winning argument, but the Republicans are bent on trying to get Trump's case dismissed without ever reaching the merits of the election irregularities and whether Trump caused the Capitol invasion.

At this time, Trump faces four scenarios, with only the fourth providing the public with the truth about the 2020 presidential election and the Capitol invasion that followed and Trump clearing himself from any wrongdoing. 

First, without Trump preparing and presenting a defense on the merits, Trump's Republican political enemies will win. I have explained that they hope to achieve a procedural dismissal so that the question of the 2020 presidential election does not have to be laid open before the Senate of the United States, which voted to certify that election on January 6, 2021. Hence, if Trump’s detractors win on procedural grounds, the election issue will not be revisited, and Trump will not have cleared his name.

Second, if the Senate denies Trump's motion to dismiss on procedural grounds and moves forward with the merits, Trump will need to be prepared to defend himself. At this time, it is not clear what Trump will present as his defense during the trial. The media is already reporting that there probably will not be any witnesses at the trial which means that it is not possible that Trump would be able to present all the facts related to the 2020 presidential election and his alleged role in the Capitol invasion.  It would also be a farce for Trump to testify at the trial without presenting any other evidence. If Trump’s detractors lose on procedural grounds, it is likely that 17 Senators, for the sake of their future political careers, will not join the impeaching Democrats which gives Trump only a veneer of victory, for Trump, while not being banned from future political office, will still not have cleared his name. The merits trial will be filled with propaganda imagery of the invasion which will be the Democrats' unspoken let alone proof that Trump caused what the viewers can see on the big media screens.  That show trial will create a biased record that will follow Trump and his supporters for life.

Third, if 17 Republicans do vote to convict, Trump will not have cleared his name and will most probably be forever barred from future office.   

Fourth, Trump has chosen at his peril the politically charged Senate rather than a court of law in which I have recommended he should file a declaratory judgment action, request a stay of the Senate trial, and where he has a better chance that his due process rights would be respected. The pending election lawsuits to be heard in the U.S. Supreme Court only addresses the actual election.  They do not involve the Capitol invasion and the critical question of whether Trump legally caused that invasion.   It is only in a declaratory judgment action filed in a court of law--where Trump (assuming he does not fear being deposed and called as a witness) would have discovery, subpoena powers, the ability to call witnesses, and the right to litigate both the integrity of the election in the contested states and whether he legally caused the Capitol invasion--that Trump stands any chance of creating a credible factual record of what happened in the 2020 presidential election and in the Capitol invasion. It is only in a court of law that Trump has any chance of proving to the American people and the world the truth of what happened in the 2020 election and in the Capitol invasion that followed.

Mario Apuzzo, Esq.
February 8, 2021
http://puzo1.blogspot.com

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Copyright © 2021
Mario Apuzzo, Esq.
All Rights Reserved
     

Tuesday, March 15, 2011

Atty Mario Apuzzo & CDR Charles Kerchner (Ret) were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 15 Mar 2011, 10:00 ET

Atty Mario Apuzzo & CDR Charles Kerchner (Ret) were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 15 March 2011, 10:00 p.m. ET. The subject will be the Obama eligibility issue and states' rights issues in trying to pass Presidential Eligibility Assurance Acts and get them into effect before the 2012 primary and general election cycle. The Republican Party leadership in the State of GA is blocking the passage of a Presidential Eligibility Act to properly vet candidates in future elections for compliance to Article II, Section 1, the presidential eligibility clause. Why are the Republican leaders of the GA House of Reps blocking a simple law to support and defend a part of our U.S. Constitution given that Congress, the Courts, and the media have done nothing? Why are all our institutions throwing the Constitution under the bus and continuing to cover up for Obama's refusal to prove his true legal citizenship identity beyond reason doubt which he has not done to 2/3 of the American people. That issue and more will be discussed. Tune in.

Listen to the show at this link: http://www.blogtalkradio.com/howieunveilsgodsshield/2011/03/16/what-is-going-on-in-the-world-today

Posted by:
CDR Charles Kerchner (Ret)
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

Tuesday, February 15, 2011

List of U.S. Presidents - Eligibility under Article II Grandfather Clause (GFC) or Natural Born Citizen (NBC) Clause or Seated due to Election Fraud

List of U.S. Presidents - and their Constitutional Eligibility under the U.S. Constitution's Article II, Section 1 "Grandfather Clause (GFC)" or the "Natural Born Citizen (NBC) Clause", or were they seated unconstitutionally due to Election Fraud. Under the Grandfather Clause the person must have been a Citizen of the United States at the time of the adoption of the U.S. Constitution. Under the Natural Born Citizen (NBC) Clause the person must have been born in the USA to parents who were born Citizens of the United States when the child was born. Under the NBC clause it does not matter if the parents were foreign born but only that they both be U.S. Citizens (either born or naturalized) when the child is born in the USA. Both Chester Arthur and Barack Obama were unconstitutionally seated due to Election Fraud and their lying about their respective nativity stories and hiding and destroying their personal early life records. It has been recently discovered that despite the fact the Chester Arthur's father ultimately was a U.S. Citizen, he did not naturalize until after his son Chester Arthur was born. Obama's father was never a U.S. Citizen, never intended to be, was not even an immigrant to the USA nor was he even a permanent resident. Obama's father was a foreign national sojourning in the USA to attend college. Obama's father was a British Subject and at birth Obama was also a British Subject governed by the British Nationality Act of 1948. Obama was thus not a "natural born Citizen" of the United States and is constitutionally ineligible to be President and Commander in Chief of our Military.

http://www.scribd.com/doc/48856102/List-of-U-S-Presidents-Eligibility-under-Grandfather-Clause-GFC-or-Natural-Born-Citizen-NBC-or-Seated-due-to-Fraud

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

P.S. Cross link to a report my Mario Apuzzo, Esq., on the eligibility of our 44 Presidents:
http://puzo1.blogspot.com/2011/02/citizenship-status-of-our-44-presidents.html

Sunday, January 9, 2011

Atty Mario Apuzzo & CDR Kerchner were Guests on Les Naiman Show, WGTK 970, Louisville KY, hosted by Les Naiman, Sunday 09 Jan 2011 7:05 PM EST

Les Naiman Show

Atty Mario Apuzzo and CDR Charles Kerchner (Ret) were featured guests on the Les Naiman radio show, WGTK 970 in Louisville KY, hosted by Les Naiman, on Sunday, 09 Jan 2011, 7:05 PM EST.

Listen to a replay of the show on podcast at this link.  Fast forward to the 63 minute point in the show where Atty Apuzzo and CDR Kerchner join the show:  http://lesnaimanshow.podbean.com/2011/01/09/the-les-naiman-show-010911/

Monday, November 29, 2010

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

For Immediate Release - 29 November 2010 2:30 p.m. EST

A Statement from CDR Charles Kerchner (Ret) about the U.S. Supreme Court Decision on Kerchner et al v Obama & Congress et al

The "Roberts Court" of the U.S. Supreme Court in my opinion will be known in history as the "Neville Chamberlain Supreme Court", the great Obama appeaser court.
http://en.wikipedia.org/wiki/Neville_Chamberlain

Appeasement due to fear that some immediate small amount of veiled and threatened violence from the far left socialists and Saul Alinsky goons, tyrants and bullies, and thus not doing the right thing early on to support the rule of law and the Constitution, ultimately leads to much bigger problems later. History has shown us that over and over. The Obama eligibility matter should have been fully and thoroughly addressed and openly investigated by the investigative reporters in the major media and political parties early in the spring of 2008 during the primaries to get all of Obama's documents released to the public as part of the vetting process. It wasn't done. Congress should have addressed this when asked by 100s of thousands of constituent letters and petitions sent to them and when constitutionally it was required to so under the 20th Amendment. It didn't. The courts should have addressed the merits of the questions when appealed to early on. They didn't. Everyone in our system of government chose ignoring the problem and appeasement over confrontation and punted the ball to someone else. Now it is far worse. The Supreme Court has chosen appeasement and inaction over action and dealing with the issue and questions openly in a court of law under the rules of evidence and law. Our constitutional republic and legal system is now compromised and broken top to bottom and bottom to top. And it will only get worse as our legal system and constitutional republic further deteriorates and the rule of law gives way more and more to appeasement of bullies and tyrants in waiting such as Obama and his far left Marxist cronies and puppet masters. Appeasement of the constitutional usurpers will not make it go away. It will only delay the inevitable and fester and grow and in the end be a far worse situation to deal with when the real nature of the tyrant reveals himself in a much bolder way and attempts to take away all our protections to our unalienable rights and liberty. Neville Chamberlain tactics never work with bullies, alinskyites, tyrants, and national socialists.

The U.S. Supreme Court orders were posted at 10:00 a.m. on 29 Nov 2010. See below. Certiorari for our case was denied. The two justices appointed by Obama who in my opinion had a direct financial conflict of interest (their very jobs and appointments to the court) in the outcome of this petition and case did not recuse themselves even though they should have! Their recusal was called for in our petition on page 36 with the relevant U.S. Code cited. The two justices and the court ignored that. There were recusals declared by these two Obama appointees in many other petitions including the one immediately before our petition in the orders list and the one immediately after. Imo, apparently the court needed all nine justices in the room to kill the petition. With the full court of 9 justices it's the rule/vote of 4 to grant certiorari to move the case forward. With two recusals that would have left only 7 justices and it's then the rule/vote of 3 to grant certiorari to move the case forward. I suspect the water cooler buzz at SCOTUS was that 3 justices were leaning for granting certiorari. So it looks like Sotomayer and Kagan ignored ethical considerations and stayed in the review of the petition to be sure it got killed, i.e., to be in that room to argue against Certiorari, and to require 4 votes to grant cert instead of 3 ... financial conflict of interest and ethics be damned by those two justices. JMHO.
10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
http://www.scribd.com/doc/44359775/U-S-Supreme-Court-Order-List-562-U-S-dated-2010-11-29-Kerchner-v-Obama-Petition-Decison-on-Pg-15

CDR Charles Kerchner (Ret)
Lehigh Valley PA USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

Obama Ineligible! Obama: I Tried and Lied but It Won't Go Away! Washington Times National Weekly - 29 Nov 2010 Issue - Pg 5

Obama Ineligible! Obama: I Tried and Lied but It Won't Go Away! Washington Times National Weekly - 29 Nov 2010 Issue - Pg 5
http://www.scribd.com/doc/44262283/Obama-Ineligible-I-tried-and-lied-but-it-won-t-go-away-Wash-Times-Natl-Wkly-2010-11-29-pg-5

Article II "Natural Born Citizen" Means Unity of Citizenship and Sole Allegiance At Birth:
http://puzo1.blogspot.com/2009/04/article-ii-natural-born-citizen-means.html

A Catalog of Evidence - Concerned Americans Have Good Reason to Doubt that Putative President Obama Was Born in Hawaii:
http://puzo1.blogspot.com/2010/05/catalog-of-evidence-concerned-americans.html


U.S. Supreme Court orders were posted at 10:00 a.m. on 29 Nov 2010. See below. Certiorari for our case was denied. The two justices appointed by Obama who had in my opinion a direct financial conflict of interest (their very jobs and appointments to the court) in the outcome of this petition and case did not recuse themselves even though they should have! Their recusal was called for in our petition on page 36 with relevant U.S. Code cited. The two justices and the court ignored that. There were recusals declared by these two Obama appointees in many other petitions including the one immediately before our petition in the orders list and the one immediately after. Imo, apparently the court needed all nine justices in the room to kill the petition. With the full court of 9 justices it's the rule/vote of 4 to grant certiorari to move the case forward. With two recusals that would have left only 7 justices and it's then the rule/vote of 3 to grant certiorari to move the case forward. I suspect the water cooler buzz at SCOTUS was that 3 justices were leaning for granting certiorari. So it looks like Sotomayer and Kagan ignored ethical considerations and stayed in the review of the petition to be sure it got killed, i.e., to be in that room to argue against Certiorari, and to require 4 votes to grant cert instead of 3 ... financial conflict of interest and ethics be damned by those two justices. JMHO.
10-446
KERCHNER, CHARLES, ET AL. V. OBAMA, PRESIDENT OF U.S., ET AL.
The motion of Western Center for Journalism for leave to file a brief as amicus curiae is granted. The petition for a writ of certiorari is denied.
http://www.supremecourt.gov/orders/courtorders/112910zor.pdf
http://www.supremecourt.gov/orders/ordersofthecourt.aspx


CDR Charles Kerchner (Ret)
Lead Plaintiff
Kerchner et al v Obama & Congress et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

Sunday, November 21, 2010

Washington Times - Kerchner v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Washington Times - Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari at U.S. Supreme Court Conference on Tuesday 23 Nov 2010

Update: No Decision Released Until Monday 29 Nov 2010
per SCOTUSblog

Supreme Court Orders Will be Posted Here at 10 a.m.
http://www.supremecourt.gov/orders/ordersofthecourt.aspx

by: CDR Charles Kerchner (Ret)
http://www.protectourliberty.org

We are living through history in the making. Please read or re-read this historic Petition to the U.S. Supreme Court asking them to support and defend the Constitution ... in particular Article II, Section 1, Clause 5, the presidential constitutional eligibility clause. Read or re-read the Petition then read this ad. Then meditate on the words in both and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. See the ad linked to below and via the image at the left for an overview of the Petition and the issues.

Washington Times -- Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court - Washington Times National Weekly edition - 22 Nov 2010 issue, page 5: http://www.scribd.com/doc/43541103/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-on-Tues-Nov-23-2010-WTNW-pg-5


QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446
1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.
2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.
3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”
4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.

-------------------------------------------------------------

Further comments by CDR Kerchner (Ret):

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a "natural born Citizen" to constitutional standards. Obama's father was NOT a U.S. Citizen. Obama's father was not an immigrant to the United States. Obama's father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama's paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama's maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.

Albert Gallatin [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin

James Shields [U.S. Senator constitutionally ineligible and his seating unconstitutional and election & seating annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Command in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Again, please take the time to read or re-read the Petition then read this ad. The questions and the main brief are only 36 succinctly written and easy to read pages. Then meditate on the words therein and then pray that the Justices do the right thing on Tuesday and support and defend our Constitution and Republic and grant Certiorari and take up our case and seek the truth about Mr. Obama the usurper, impostor, and fraud now occupying the Oval Office. Mr. Obama and his puppet masters and his enablers in political power and in the main stream media have perpetrated and allowed to continue the greatest fraud on this nation in the history of our Republic and he needs to be exposed and removed. May God help us save our liberty and republic and protect us in the days ahead.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

Friday, November 19, 2010

Article II "Natural Born Citizen" Means Unity of Citizenship and Sole Allegiance At Birth

Article II "Natural Born Citizen" Means Unity of Citizenship
and Sole Allegiance At Birth


by: Mario Apuzzo, Esq.
Written: April 23, 2009
Reposted: November 18, 2010


Article II of our Constitution has a lot to say about how a would-be President is born. "Natural born Citizen" status requires not only birth on U.S. soil but also birth to parents who are both U.S. citizens by birth or naturalization. This unity of jus soli (soil) and jus sanguinis (descent) in the child at the time of birth assures that the child is born with sole allegiance (obligation of fidelity and obedience to government in consideration for protection that government gives (U.S. v. Kuhn, 49 F.Supp.407, 414 (D.C.N.Y)) and loyalty to the United States and that no other nation can lay any claim to the child's (later an adult) allegiance and loyalty. Indeed, under such birth circumstances, no other nation can legally or morally demand any military or political obligations from that person. The child, as he/she grows, will also have a better chance of not psychologically struggling with conflicted allegiance and loyalty to any other nation.

Unity of citizenship and allegiance is based on the teachings of the law of nature (natural law) and the law of nations, as confirmed by ancient Greek and Roman law; American, European, and English constitutions, common and civil law, and statutes; and Vattel's, The Law of Nations, all of which the Founding Fathers read and understood. These sources have taught civilizations from time immemorial that a person gains allegiance and loyalty and therefore attachment for a nation from either being born on the soil of the community defining that nation or from being born to parents who were also born on that same soil or who naturalized as though they were born on that soil. It is only by combining at birth in the child both means to inherit these two sources of citizenship that the child by nature and therefore also by law is born with only one allegiance and loyalty to and consequently attachment for only the United States.

Our Constitution requires unity of U.S. citizenship and allegiance from birth only for the Office of President and Commander in Chief of the Military, given the unique nature of the position, a position that empowers one person to decide whether our national survival requires the destruction of or a nuclear attack on or some less military measure against another nation or group. It is required of the President because such a status gives the American people the best Constitutional chance that a would-be President will not have any foreign influences which because of conflict of conscience can most certainly taint his/her critical decisions made when leading the nation. Hence, the special status is a Constitutional eligibility requirement to be President and thereby to be vested with the sole power to decide the fate and survival of the American people. Of course, the status, being a minimum Constitutional requirement, does not guarantee that a would-be President will have love and fealty only for the United States. Therefore, the final informed and intelligent decision on who the President will be is left to the voters, the Electors, and Congress at the Joint Session, to whom hopefully responsible media and political institutions will have provided all the necessary vetting information concerning the candidate's character and qualifications to be President.

Through historical development, unity of citizenship and sole allegiance at birth is not required for U.S. born citizen Senators, Representatives, and regular citizens under the 14th Amendment and Congressional enactments. In contradiction and which confirms the Founding Fathers' meaning of what a "natural born Citizen" is, naturalized citizens, since 1795, before becoming such must swear an oath that they renounce all other allegiances to other nations. During the Washington Administration, the First Congress passed the Naturalization Act of 1795 in which it provided that new citizens take a solemn oath to support the Constitution and “renounce” all “allegiance” to their former political regimes. This is during the time that most of the Framers were alive and still actively involved in guiding and forming the new national government and Constitutional Republic. Today, we still require that an alien upon being naturalized must give an oath that he/she renounces all former allegiances and that he/she will “support and defend the Constitution and laws of the United States of America against all enemies, foreign and domestic.” Hence, allegiance is not simply a thing of the past but very much with us today. It is important to also understand that naturalization takes an alien back to the moment of birth and by law changes that alien’s birth status. In other words, naturalization, which by legal definition requires sole allegiance to the United States, re-creates the individual as though he were a born Citizen but only does it by law and not by nature. This is the reason that the 14th Amendment considers a naturalized person to be a “citizen” of the United States and not a “natural born Citizen” of the United States. This recreation of birth status through naturalization which also existed under English common law also probably explains why John Jay underlined the word “born” when he recommended to General Washington that only a “natural born Citizen” (as to say born in fact, by nature, and not by law) be allowed to be President. Consequently, naturalized citizens stand on an equal footing with born Citizens (who are so recognized and confirmed by the 14th Amendment or by an Act of Congress and who can be but not necessarily are also “natural born Citizens”) except that they cannot be President or Vice President, for they were born with an allegiance not owing to the United States and acquire that sole allegiance to the United States only after birth. Surely, if a naturalized citizen, even though having sole allegiance to the United States, is not Constitutionally eligible to be President, we cannot expect any less of someone who we are willing to declare so Constitutionally eligible.

The Founding Fathers emphasized that, for the sake of the survival of the Constitutional Republic, the Office of President and Commander in Chief of the Military be free of foreign influence and intrigue. It is the "natural born Citizen" clause that gives the American people the best fighting chance to keep it that way for generations to come. American people do not have the Constitutional right to have any certain person be President. But for the reasons stated above, minimally they do have a Constitutional right to protect their liberty by knowing and assuring that their President is Constitutionally eligible and qualified to hold the Office of President and Commander in Chief of the Military.

Mario Apuzzo, Esq.
185 Gatzmer Avenue
Jamesburg NJ 08831
Email: apuzzo [AT] erols.com
TEL: 732-521-1900 ~ FAX: 732-521-3906
BLOG: http://puzo1.blogspot.com
####

Tuesday, November 16, 2010

Atty Apuzzo & CDR Kerchner will be on the Revolution Radio Show hosted by Dr. Kate - Wed, 17 Nov 2010, 9:00 p.m. EST

Atty Mario Apuzzo and CDR Charles Kerchner (Ret) will be guests on the Revolution Radio Show hosted by Dr. Kate on Wednesday, 17 Nov 2010, at 9:00 p.m. EST. The subject will be the latest news about the Kerchner et al v Obama & Congress et al lawsuit and Petition filing at the U.S. Supreme Court including review of the four questions presented in the Petition. Two Justices, Sotomayer and Kagan, have been requested in the Petition to recuse themselves from this case in that they have a direct financial conflict of interest in the outcome of this case, i.e., their very appointments to the court were made by Obama. We have also asked the Justices in our Petition to take judicial notice of the Lt Col Lakin court martial in process and the Affidavit filed in that military trial by Lt Gen McInerney as to the impact that the uncertainty of the constitutional eligibility of Obama is having on our military whose members have all sworn an oath to support and defend the Constitution against all enemies foreign and domestic. Recent activity in the case includes an Amicus Curiae Brief which was filed by the Western Center of Journalism in support of the Kerchner et al v Obama et al Petition for Writ of Certiorari before the U.S. Supreme Court. The uncovering and initial release to the public by this blog on 5 Nov 2010 of the Congressional Research Service (CRS) internal memorandum to members of Congress will also be discussed.

Listen to podcast replay at this link:
http://www.blogtalkradio.com/drkate/2010/11/18/revolution-radio-kerchner-obama-the-constitution

Also stop by and read Dr. Kate's post-show blog on the show and the comments at:
http://drkatesview.wordpress.com/2010/11/18/kerchner-and-apuzzo-interview-on-revolution-radio/

The Petition to the U.S. Supreme Court was filed on 30 Sep 2010 and is now scheduled on the Supreme Court docket for discussion by the Supreme Court Justices in conference by them on Tuesday, 23 Nov 2010. To read the Petition see this link: http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446

1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.

2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.

3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”

4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.


--------------

P.S. A special request from CDR Kerchner:

Also, please cast your votes to Help the Cause to get the word out:

1st: Vote for the show topic for the Judge Andrew Napolitano "Freedom Watch" TV show to be a discussion of the legal term of art, "natural born Citizenship". Please add your vote (in addition to making a comment if desired) for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano "Freedom Watch" TV show suggestion forum. Go to this link and click on the VOTE button and cast 3 of your 10 votes for the show topic to be "natural born Citizenship". Don't just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

2nd: Vote for Mario to be a guest on Judge Andrew Napolitano's Freedom Watch TV show: Please add your vote here (in addition to making a comment if desired) to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the VOTE button and cast 3 of your 10 votes for Mario Apuzzo. Don't just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, see the protectourliberty.org site and help the cause with a donation:
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

Monday, November 15, 2010

Atty Mario Apuzzo & Mr Don Nelsen were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 16 Nov 2010, 4:00 p.m. EST

Atty Mario Apuzzo & Mr Donald Nelsen, one of the four plaintiffs in the Kerchner et al v Obama & Congress et al lawsuit, were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 16 Nov 2010, 4:00 p.m. EST. The subject was the latest news about the Kerchner et al v Obama & Congress et al lawsuit and Petition filing at the U.S. Supreme Court and the latest activity in that case including an Amicus Curiae Brief filed by the Western Center of Journalism in support of the Kerchner et al v Obama et al Petition for Writ of Certiorari before the U.S. Supreme Court.

For more about the Jim 'Howie' Mandel Radio Show see: http://www.howieunveilsgodsshield.com/

You can listen to a podcast of this show at:
16 Nov 2010: http://www.latalkradio.com/images/Mandel-111610.mp3
Podcasts of prior Jim Howie Mandel shows covering the Kerchner et al v Obama et al case:
09 Nov 2010: http://www.latalkradio.com/images/Mandel-110910.mp3
05 Oct 2010: http://www.latalkradio.com/images/Mandel-100510.mp3
For podcasts of all Jim Howie Mandel shows see the lower half of this page:
http://www.latalkradio.com/Mandel.php

The Petition to the U.S. Supreme Court was filed on 30 Sep 2010 and is now scheduled on the Supreme Court docket for discussion by the Supreme Court Justices in conference by them on 23 Nov 2010. To read the Petition see this link: http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446

1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.

2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.

3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”

4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.

CDR Charles Kerchner (Ret)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
http://puzo1.blogspot.com
Please make a donation to help the cause if you can at:
http://www.protectourliberty.org
####

Ad: Kerchner v Obama Petition is Scheduled for Conference in U.S. Supreme Court on Nov 23rd - Wash Times National Weekly ed - 15 Nov 2010 - pg 5

Ad: Kerchner et al v Obama & Congress et al Petition for Writ of Certiorari Scheduled for Conference on 23 Nov 2010 with the U.S. Supreme Court - Washington Times National Weekly edition - 15 Nov 2010 issue, page 5:

http://www.scribd.com/doc/42559111/Kerchner-v-Obama-Petition-Scheduled-for-Conference-at-Supreme-Court-15Nov2010-Wash-Times-Natl-Wkly



QUESTIONS PRESENTED TO THE U.S. SUPREME COURT:
PETITION 10-446

1. Whether petitioners sufficiently articulated a case or controversy against respondents which gives them Article III standing to make their Fifth Amendment due process and equal protection claims against them.

2. Whether putative President Obama can be an Article II “natural born Citizen” if he was born in the United States to a United States citizen mother and a non-United States citizen British father and under the British Nationality Act 1948 he was born a British citizen.

3. Whether putative President Obama and Congress violated petitioners’ Fifth Amendment due process rights to life, liberty, safety, security, tranquility, and property and Ninth Amendment rights by Congress failing to assure them pursuant to the Twentieth Amendment that Obama qualified as an Article II “natural born Citizen” before confirming his electoral votes and by Obama refusing to conclusively prove that he is a “natural born Citizen.”

4. Whether Congress violated petitioners’ rights under the Fifth Amendment to equal protection of their life, liberty, safety, security, tranquility, and property by investigating and confirming the “natural born Citizen” status of presidential candidate, John McCain, but not that of presidential candidate, Barack Obama.

--------------------------------------------------------------------------------------

Comments by CDR Kerchner (Ret):

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a "natural born Citizen" to constitutional standards. Obama's father was NOT a U.S. Citizen. Obama's father was not an immigrant to the United States. Obama's father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama's paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama's maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.
http://history.nd.gov/exhibits/governors/governors19.html

Also, two U.S. Senators although popularly elected and sworn in to the U.S. Senate were subsequently removed from office after it was learned that they were NOT constitutionally eligible when they were elected.
Albert Gallatin [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/Albert_Gallatin
James Shields [U.S. Senator seating unconstitutional and annulled]:
http://en.wikipedia.org/wiki/James_Shields

Thus it is very clear that winning a popular election does not trump or nullify the constitution of a state or the U.S. federal constitution. Obama is not constitutionally eligible to be the President and Commander in Chief of the military and should be removed from office and his election, confirmation, and swearing in annulled.

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
http://puzo1.blogspot.com
####

Tuesday, November 9, 2010

Atty Apuzzo & CDR Kerchner were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 09 Nov 2010, 4:00 p.m. EST

Atty Apuzzo & CDR Kerchner were guests on the Howie Mandel Radio Show hosted by Jim 'Howie' Mandel - Tues 09 Nov 2010, 4:00 p.m. EST. The subject was the latest news about the Kerchner et al v Obama & Congress et al lawsuit and Petition filing at the U.S. Supreme Court. http://www.howieunveilsgodsshield.com/

Listen to this show via podcast at this link:
09 Nov 2010: http://www.latalkradio.com/images/Mandel-110910.mp3

Listen to the show at YouTube: http://www.youtube.com/profile?user=howiekwix#g/u

The Petition to the U.S. Supreme Court filed on 30 Sep 2010 which is now scheduled on the Supreme Court docket for discussion by the Supreme Court Justices in conference by them on 23 Nov 2010 see this link: http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

Read about this recently (5 Nov 2010) leaked to our lawsuit research team of the Congressional memorandum as to the talking point that Congress was prompted to tell concerned citizens when they wrote to Congress with questions about Obama's eligibility. It is clear now that Congress circled their wagons to defend their indefensible position in that they vetted McCain's exact citizenship status in the primary of the 2008 presidential election but did not vet Obama's, when questions were being asked in public about the citizenship status of both. That is unequal protection under the constitution and our laws and a violation of our civil rights. See this announcement for more details: http://puzo1.blogspot.com/2010/11/members-of-congress-memo-what-to-tell.html

CDR Charles Kerchner (Ret)
Lead Plaintiff, Kerchner et al v Obama & Congress et al
http://puzo1.blogspot.com
Please make a donation to help the cause if you can at:
http://www.protectourliberty.org
####

Monday, November 8, 2010

Kerchner et al v Obama et al Petition for Writ of Certiorari Distributed to the U.S. Supreme Court Justices for Conference Scheduled for 23 Nov 2010

Kerchner et al v Obama et al Petition for Writ of Certiorari Distributed to the U.S. Supreme Court Justices for Conference Scheduled for 23 Nov 2010

See the new activity on the U.S. Supreme Court Docket at this link:
http://www.supremecourt.gov/Search.aspx?FileName=/docketfiles/10-446.htm

To read the Petition to the U.S. Supreme Court filed on 30 Sep 2010 see this link:
http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

For More Information contact:
Mario Apuzzo, Esq., Jamesburg, New Jersey
http://puzo1.blogspot.com/
Tel: 732-521-1900, Fax: 732-521-3906
Email: apuzzo@erols.com

More information will be posted as we receive it.

CDR Charles Kerchner (Ret)
Pennsylvania USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org
http://puzo1.blogspot.com
####

Saturday, November 6, 2010

Respondents Waive the Right to Respond to the Petition for Writ of Certiorari to the U.S. Supreme Court for the Kerchner et al v Obama et al Lawsuit

Respondents (Obama & the other Defendants) Waive the Right to Respond to the Petition for Writ of Certiorari to the U.S. Supreme Court for the Kerchner et al v Obama et al Lawsuit

There is new activity on the U.S. Supreme Court Docket today with an effective date on the docket of 3 Nov 2010.

1. The Respondents named in our Petition have waived their right to respond.

2. The Western Center for Journalism has filed a motion for leave to file an Amicus Curiae Brief in support of our petition.

To read the Petition to the U.S. Supreme Court filed on 30 Sep 2010 see this link:
http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

For More Information contact:
Mario Apuzzo, Esq., Jamesburg, New Jersey
http://puzo1.blogspot.com/
Tel: 732-521-1900, Fax: 732-521-3906
Email: apuzzo@erols.com

More information will be posted as we receive it.

Update 1 - 06 Nov 2010:
Copy of Waiver by the Government received in the mail has now been scanned in and uploaded to SCRIBD.com. You can view it at this link:
http://www.scribd.com/doc/41336760/Waiver-by-Respondents-in-Kerchner-v-Obama-Petition-for-Writ-of-Certiorari-to-U-S-Supreme-Court

Update 2 - 06 Nov 2010:
To read the Amicus Curiae Brief filed for the Western Center for Journalism in support of our Petition for Writ of Certiorari see this link:
http://www.scribd.com/doc/41345999/Amicus-Curiae-Brief-to-Support-Kerchner-v-Obama-Petition-by-the-Western-Center-for-Journalism-Filed-by-Atty-Kreep

Update 3 - 06 Nov 2010:
Here are the applicable U.S. Supreme Court rules and regs regarding Amicus Curiae Brief filings in support or in opposition to Petitions for Writ of Certiorari:
http://www.scribd.com/doc/41348870/Amicus-Curiae-Briefs-Supporting-or-Opposing-Petitions-for-Certiorari-Supreme-Court-Practice-9th-Edition

Update 4 - 08 Nov 2010: Petition distributed to the U.S. Supreme Court Justices for the conference scheduled for 23 Nov 2010.

CDR Charles Kerchner (Ret)
Pennsylvania USA
Lead Plaintiff, Kerchner et al v Obama et al
http://www.protectourliberty.org/
http://puzo1.blogspot.com/
####

Friday, November 5, 2010

Members of Congress Internal Memo--What to Tell Your Constituents in Answer to Obama Eligibility Questions - Their Talking Points Internal Memo Revealed

Click to Learn What Congress is Hiding
and the Truth About Natural Born Citizenship
Members of Congress Internal Memorandum -- What to Tell Your Constituents in Answer to Obama Eligibility Questions - Their Talking Points Internal Memo Revealed. This was the spin that the Members of Congress were given to keep the American electorate at bay and confused in the debate about Obama's eligibility issues all the while the Congress did nothing to investigate the matter in a congressional hearing like they did for similar concerns about John McCain.

We have obtained a copy of the talking points memorandum put out by a lawyer for the Congressional Research Service to the Members of Congress back in April 2009 as to what to tell their constituents when they write to the Members of Congress and ask questions about Obama's eligibility. Now we know why all the answers coming back to constituents sounded like they were written by the same person and were full of the same obfuscations, omitted facts from history, and half truths & non-truths.

This internal memorandum to Members of Congress is the smoking gun that absolutely proves that every Member of Congress knew that Obama was never vetted by anyone or any institution as to his constitutional eligibility to be President and Commander in Chief of the military ... and yet Congress did NOTHING about it. This lack of vetting by anyone was detailed starting on page 19 of the Kerchner et al v Obama et al Complaint filed in Jan 2009.

This copy was obtained via the diligent and persistent efforts of a patriot going by the pen name of "Tom Deacon" who obtained it from a Senator's office. Now we know the talking points the DC insiders and politicians have been groomed with to feed to their constituents who have been asking questions about the eligibility issues. Thank you Tom. Here is the link to the internal memorandum:

Link to read or get your copy of the Congressional Research Service (CRS) internal Congressional Memorandum about the Obama eligibility questions issue:
http://www.scribd.com/doc/41131059/Members-of-Congress-Memo-What-to-Tell-Your-Constituents-in-Answer-to-Obama-Eligibility-Questions

The Catalog of Evidence - Concerned Americans Have Good Reason to Doubt Obama was Born in Hawaii:
http://puzo1.blogspot.com/2010/05/catalog-of-evidence-concerned-americans.html

Obama May be a "Citizen of the United States" but He is NOT a "natural born Citizen of the United States":
http://puzo1.blogspot.com/2010/03/obama-maybe-citizen-of-united-states.html

To read the Kerchner et al v Obama & Congress et al lawsuit Petition to the U.S. Supreme Court filed on 30 Sep 2010 which is now scheduled on the court docket for discussion by the Supreme Court Justices in conference by them on 23 Nov 2010 see this link: http://www.scribd.com/doc/38506403/Petition-for-Writ-of-Certiorari-filed-with-the-U-S-Supreme-Court-for-Kerchner-v-Obama-Congress

Update: YouTube video about this CRS memo find:
http://www.youtube.com/watch?v=YZIHhhgulww&feature=player_embedded

Mario Apuzzo
http://puzo1.blogspot.com
####

P.S. The Congressional Research Service is part of the Library of Congress. It theoretically works for the Congressional Committees which means IT WORKS FOR THE PARTY THAT CONTROLS CONGRESS (in this case the Progressive controlled Democratic Party). Every report they issue (on the request of COMMITTEE CHAIRMEN who want them), is slanted to the ideology of the committee in charge because lawyers are partisan. 90% of them on this project are liberal. They are the same lawyers the White House used to research their legal position in the fight to kill the Citizens United lawsuit when they fought McCain Feingold ...
L. Paige Whitaker, Legislative Attorney; Erika K. Lunder, Legislative Attorney;
Kate M. Manuel, Legislative Attorney; Jack Maskell, Legislative Attorney; Michael V. Seitzinger, Legislative Attorney
####

We need your help to fight this battle to get the truth out. If you can help the cause of truth and our battle to protect our liberty, please visit this link and make a donation. Thank you.
http://www.protectourliberty.org
CDR Charles Kerchner (Ret)
Lead Plaintiff, Kerchner et al v Obama et al
####

Monday, October 11, 2010

Kerchner v Obama Petition for Writ of Certiorari filed & docketed with U.S. Supreme Court - Washington Times National Weekly edition - pg 5

Kerchner et al v Obama/Congress/Pelosi et al Petition for Writ of Certiorari filed 30 Sep 2010 and docketed 04 Oct 2010 with the U.S. Supreme Court - Washington Times National Weekly edition - 25, 18, and 11 Oct 2010 issues, page 5.

U.S. Supreme Court Docket Number: 10-446
. Response from defendants due to the U.S. Supreme Court by 3 Nov 2010.

[Update 13 Oct 2010: Kerchner v Obama - Supreme Court Activity]

Obama is not Article II constitutionally eligible to be the President and Commander of our military. Obama is NOT a "natural born Citizen" to constitutional standards. Obama's father was NOT a U.S. Citizen. Obama's father was not an immigrant to the United States. Obama's father was a foreign national, a British Subject. Obama is the child of an alien father who was sojourning in the U.S. attending college. Obama was born a British Subject via his father and is still such to this day. Obama has never conclusively proved he was born in Hawaii. Obama's paternal family in Kenya, Kenyan government officials, and newspapers in Kenya say he was born in Kenya. Obama's maternal grandmother likely falsely and illegally registered him as born in Hawaii to get him, her new foreign-born grandson, U.S. Citizenship.

Link to read and download newest ad: http://www.scribd.com/doc/40046804/Kerchner-v-Obama-Petition-for-Writ-of-Cert-Docketed-with-Supreme-Court-25Oct10-issue-Wash-Times-Wkly

History shows us that a popularly elected, but ineligible, chief executive in the executive branch of a government can be legally and constitutionally removed from office, e.g., Governor Thomas H. Moodie of North Dakota was a prime example. After he was sworn in and serving as Governor, the North Dakota State Supreme Court ordered Governor Moodie removed from office, after it was determined that he was constitutionally and legally ineligible to serve in the office to which he was popularly elected.

http://history.nd.gov/exhibits/governors/governors19.html

--------------------------------------------------------------------------------------

A request from CDR Kerchner:

Also, please cast your votes to Help the Cause to get the word out:

1st: Vote for the show topic for the Judge Andrew Napolitano "Freedom Watch" TV show to be a discussion of the legal term of art, "natural born Citizenship". Please add your vote (in addition to making a comment if desired) for this new TV Show topic suggested by JTX at the Judge Andrew Napolitano "Freedom Watch" TV show suggestion forum. Go to this link and click on the VOTE button and cast 3 of your 10 votes for the show topic to be "natural born Citizenship". Don't just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16625-freedom-watch-show-ideas/suggestions/969299-natural-born-citizen-meaning-in-natural-law-s?ref=title

2nd: Vote for Mario to be a guest on Judge Andrew Napolitano's Freedom Watch TV show: Please add your vote here (in addition to making a comment if desired) to get Attorney Mario Apuzzo on the air with the Judge Andrew Napolitano to discuss this issue. Go to this link and click on the VOTE button and cast 3 of your 10 votes for Mario Apuzzo. Don't just make a comment only. That does not count as a vote. Be sure to VOTE too: http://freedomwatch.uservoice.com/forums/16626-freedom-watch-guest-suggestions/suggestions/268573-mario-apuzzo-esq-

Charles F. Kerchner, Jr., Commander USNR (Retired)
Lead Plaintiff, Kerchner v Obama & Congress
Please if you can, visit this site and help the cause:
http://www.protectourliberty.org/
####

Friday, October 8, 2010

Absolute proof the Founders knew and accepted Vattel`s French "naturels" to mean "natural born"

Absolute proof the Founders knew and accepted Vattel`s French "naturels" to mean "natural born"

by: Teo the Bear @ http://www.thebirthers.org

Found in the Library of Congress Website

If you look at Article III in the body of the text below, you will see,

Les consuls et vice consuls respectifs ne pourront être pris que parmi les sujets naturels de la puissance qui les nommera. Tous seront appointés par leur souverain respectif, et ils ne pourront en conséquence faire aucun trafic ou commerce quelconque ni pour leur propre compte, ni pour le compte d'autrui.

Going down further to the end you will find under number 3,

The respective Consuls and Vice Consuls shall only be taken from among the natural born subjects of the power nominating them. They shall all be appointed by their respective Sovereign, and in Consequence of such appointment they shall not exercise any traffic or commerce whatsoever either on their own account, or on account of any other
Translation by Charles Thomson secretary of the Continental Congress
This is pretty convincing proof that the framers did not need to wait for the 1797 translated edition of Vattel's Law of Nations. It appears they were well apt to translate it themselves. This accepted translation of 'naturel' in 1781, predates John Jay's 1787 letter to George Washington by 6 years.

[Comment by CDR K: This 'naturels' means 'natural born' translation in 1781 was subsequently confirmed by the 1797 translation of the part of the relevant sentence and paragraph in Vattel's Law of Nation, Vol.1, Chapter 19, Section 212, that is, "natural-born Citizens, are those born in the country, to parents who are citizens". Many of the founders and framers were fluent in French since it was the diplomatic language of that time. Thus when the founders and framers wrote the Constitution in 1787 they clearly knew what "natural born Citizen" meant when they upgraded the Citizenship requirement in Article II from simply being a "born Citizen" as proposed by Hamilton to that of being a "natural born Citizen" as recommended by Jay as a strong check against foreign influence on the persons in the future who would be President and Commander of the military. And that meaning was understood to be a person born in the country to parents who are Citizens of the country. Such a person has sole allegiance and unity of citizenship at birth to only the United States. That was the intent of the founders and framers for that legal term of art, natural born Citizen, in Article II, Section 1, Clause 5 of the U.S. Constitution.
This restriction on the type of Citizen who could be President was a national security issue to them back then and it is still a national security issue to us now.]
From the Library of Congress
Journals of the Continental Congress, 1774-1789
FRIDAY, JULY 27, 1781

Page 792 | Page image
Link to date-related documents.

A memorial from the honorable. the Minister of France was read, accompanied with the plan of a convention for regulating the powers and duties of consuls and vice consuls.

MEMOIRE

Philadelphia, July 26, 1781.

The twenty-ninth article of the treaty of amity and commerce, between his Most Christian Majesty and the United States, reserves to the two contracting powers "the liberty of having each in the ports of the other, consuls, vice consuls, agents and commissaries, whose functions shall be regulated by a particular agreement." In consequence of this stipulation, the Court of Versailles has caused a draft to be made of a convention, relative to the establishment of consuls, which the undersigned minister plenipotentiary of France has the honour to communicate to Congress. It is the desire of his Majesty, that this draft should be examined by Congress; and those points marked which admit of no difficulty; and that the others should be submitted to the examination of delegates appointed by both parties, who may make such observations as they shall judge proper, and propose such alterations as they may think convenient. These objects will require discussion in repeated conferences; and the undersigned intreats that Congress would determine in what manner these conferences shall be held. The proposed convention requires the most mature consideration of both parties; while at the same time it is equally the interest of both, with all speed, to introduce consistency and uniformity into their respective commercial establishments; and the undersigned is of opinion that Congress will think it


Page 793 | Page image

necessary to prosecute this business with all possible despatch.

(Signed)Le Chev. de la Luzerne.1

[Note 1: 1 This version is taken from the printed Secret Journal, Foreign Affairs; it is also printed in the Diplomatic Correspondence of the American Revolution (Wharton), IV, 604. Another translation is in the Papers of the Continental Congress, No. 25, II, folio 17.]

Projet de Convention entre le Roi Très Chértien, et les Etats Unis de l'Amérique Septentrionale, à l'effet de déterminer et fixer les fonctions et prérogatives des Consuls, Vice Consuls, et des Agens respectifs.

Le roi très chrétien, et les Etats Unis de l'Amérique Septentrionale, s'étant accordés, mutuellement, par l'article 29 du traité d'amitié et de commerce conclu entre eux, la faculté de tenir dans leurs états respectifs, des consuls, vice consuls, et des agens, et voulant en conséquence déterminer, et fixer d'une maniére réciproque et permanente les fonctions et prérogatives des dits consuls, vice consuls, et des agens respectifs, il a été convenu ce qui suit.

ARTICLE I

Les consuls, et vice consuls nommés par le roi très chrétien, et les Etats Unis, seront tenus de présenter leurs provisions à leur artivée dans leurs états respectifs. On leur délivrera, sans aucun frais, l'exequatur nécessaire à l'exercice de leurs fonctions et sur l'exhibition qu'ils feront du dit exequatur, les gouverneurs, présidens, commandans, chefs de justice, les corps des tribunaux ou autres officiers, ayant autorité dans les ports et lieux de leur consulats, les y feront jouit, aussitot, et sans difficulté, des pré-éminences, autorité et priviléges accordés réciproquement sans qu'ils puissent


Page 794 | Page image

exiger des dits consuls, et vice consuls aucun droit sous aucun prƩtexte quelconque.

ARTICLE II

Les consuls respectifs auront la facultƩ d'Ʃtablir des vice consuls dans les diffƩrens ports et lieux de leur dƩpartement ou le besoin l'Ʃxigera. On leur dƩlivrera Ʃgalement l'exequatur nƩcessaire Ơ l'exercice de leurs fonctions et sur l'exhibition qu'ils feront du dit exequatur ils seront admis et reconnus dans les termes et selon les pouvoirs, autoritƩ et privilƩges stipulƩs par les articles 1, 5, et 6, de la prƩsente convention.

ARTICLE III

Les consuls et vice consuls respectifs ne pourront être pris que parmi les sujets naturels de la puissance qui les nommera. Tous seront appointés par leur souverain respectif, et ils ne pourront en conséquence faire aucun trafic ou commerce quelconque ni pour leur propre compte, ni pour le compte d'autrui.

ARTICLE IV

Les consuls respectifs pourront établir des agens dans les différens ports et lieux de leur département, où le besoin l'éxigera. Les agens pourront être choisis parrot les négocians nationaux ou étrangers et taunts de brevets de l'un des dits consuls; ils se renfermeront respectivement à rendre aux commerçans, navigateurs, et batimens respectifs, tous les services possibles et informer le consul ou vice consul le plus proche des besoins des dits commerçans, navigateurs et batimens, sans que les dits agens puissent autrement participer


Page 795 | Page image

aux immunités, droits et privilèges attribués aux consuls et vice consuls par la présente convention.

ARTICLE V

Les consuls et vice consuls, les officiers du consulat, et généralement toutes les personnes attachées aux fonctions consulaires jouiront respectivement d'une pleine et entière immunité pour leurs personnes, leurs papiers, et leurs maisons. Ils seront exempts de tout service personnel et offices publics, logement de gens de guerre, milice, guet, garde, tutelle, curatelle, ainsi que de tous droits, taxes, impositions, charges quelconques, hors les biens fonds, dont ils seront propriètaires, les quels seront assujettis aux taxes imposées sur les biens de tous autres particuliers. Ils pourront faire placer sur la porte extérieure de leur maison les armes de leur souverain, sans cependant que cette marque distinctive puisse donner à la dire maison le droit d'azile pour aucun malfaiteur ou criminel de manière que Ie cas arrivant oû aucun malfaiteur ou criminel s'y refugierait il sera rendu sur le champ à la première réquisition et sans difficulté.

ARTICLE VI

Les consuls ou les vice consuls respectifs, dans les lieux ou il n'y aura pas de consuls pourront avoir dans leur maison une chapelle pour y célébrer le service divin, et le roi très chrétien ainsi que les Etats Unis, donneront des ordres précis et effectifs dans les ports et lieux de leur domination pour qu'il ne soit apporté aucun retard ni empêchement lors de la cérémonie, des obséques et funérailles des sujets de l'une des deux nations, qui seront décédés dans l'étendue des terres de l'autre.


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ARTICLE VII

Dans tous les cas généralement quelconques concernant la police ou l'administration de la justice, oû il sera nécessaire d'avoir une déclaration juridique des consuls et vice consuls respectiffs, le gouverneur, le commandant, le chef de la justice, les corps des tribunaux ou autres officiers quelconques de leur résidence respective y ayant autorité, seront tenus de les en prévenir en leur écrivant, ou en leur envoyant un officier militaire ou civil, pour leur faire connoître, soit l'objet que l'on se propose soit la nécessité dans la quelle on se trouve d'aller chez eux pour leur demander cette déclaration, et les dits consuls, ou vice consuls seront tenus de leur cÓté de se prêter loyalement à ce qu'on désirera d'eux dans ces occasions.

ARTICLE VIII

Les consuls, et vice consuls respectifs, pourront établir une chancellerie ou seront déposés les actes et les dé1iberations consulaires, tous les effets délaissés par défunts, ou sauvés des naufrages, ainsi que les testamens, obligations, contrats, et généralement tous les actes et procédures faits, entre leurs nationaux. Ils pourront en conséquence commettre à l'exercice de la dire chancellerie des personnes capables les recevoir; leur faire prêter serment, leur donner la garde du sçeau, et le droit de sceller les commissions, jugemens, et autres actes du consular, ainsi que d'y remplir les fonctions de notaires et greffiers.

ARTICLE IX.

Les consuls, et vice consuls respectifs auront le droit exclusif de recevoir dans leur chancellerie, ou abord


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des bâtimens, les dàclarations et tous les autres actes, que les capitaines, patrons, équipages passagers, et nàgotians, de leur nation, voudront y passer, même leur testamens et autres dispositions de derniere volonté, et les expèditions des dits actes duement légalisées par les dits consuls ou vice consuls et munis du sçeau de leur consulat feront foi, en justice, dans tous les tribunaux de France, et des Etats Unis. Ils auront aussi, et exclusivement, le droit de faire l'inventaire, la liquidation, et de procéder à la vente des effets mobiliers de la succcession des sujets de leur nation qui viendront mourir dans les états respectifs. Ils y procéderont avec l'assistance de deux négotians de leur dite nation, leur choix, et feront déposer dans leur chancellerie les effets, et papiers, des dites successions, sans qu'aucun des officiers militaires, de justice, ou de police, du pays puissent les y troubler, ni y intervenir de quelque manière que ce soit: Mais les dits consuls et vice consuls ne pourront faire la déivrance, des successions et de leur produit aux héritiers légitimes où à leurs mandataires, qu'après avoir fait acquitter toutes les dettes que les défunts auront pu avoir contractées dans le pays par jugement, par actes, ou par billets dont l'écriture et la signature seront reconnues et certifiées, par deux notables négotians de la nation des dits défunts, et dans tous autres cas le payement des dettes ne pourra être ordnné qu'en donnant, par le créancier, caution suffisante, et domiciliée de rendre les sommes induëment peréues, principal, interéts, et frais, lesquelles cautions cependant, demeureront duëment déchargées apràs une année en terns de paix, et deux en terns de guerre; si la demande en décharge ne peut êtré formée avant ces dé1ais contre les héritiers qui si présenteront.


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ARTICLE X

Les consuls et vice consuls respectifs, recevront les déclarations, et les consulats de tous capitaines et patrons de leur nation respective, pour raison d'avaries essuyées à la mer par des voyes d'eau ou jets de marchandise, même lorsqu'il y aura des négotians étrangers intéréssés dans la cargaison; ou ces capitaines et patrons remettront dans la chancellerie des dits consuls et vice consuls les consulats qu'ils auront faits dans autres ports pour les accidens, qui leur seront arrives pendant leur voyage; et dans les deux cas, les dits consuls et vice consuls respectifs, régleront l'avarie sans délai par des experts, de leur nation qu'ils nommeront d'office; et par des experts d'une partie de leur nation et l'autre d'étrangers dans le cas ou un étranger sera interessé dans la cargaison.

ARTICLE XI

Dans le cas ou par tempête, ou autre accident, des vaisseaux ou batimens François échöueront sur les cÓtes des Etats Unis, et des vaisseaux ou batimens des Etats Unis echöueront sur les cÓtes de France, le consul ou le vice consul le plus proche du lieu de naufrage pourra faire tout ce qu'il jugera conyenable tant pour sauver le dit vaisseau ou batiment, son chargement et appartenances, que pour le magazinage et la sureté des effets sauvés et marchandises: Il pourra en faire l'inventaire sans qu'aucun officiers militaires, des douanes, de la justice, ou de la police du pays puissent s'y immiscer autrement que pour faciliter aux consuls, et vice consuls, capitaine et équipage du vaisseau naufragé, ou échoué, tous les secours et faveurs qu'ils leur demanderont, soit pour la célérité et la sureté du sauvetage, et des effets sauvés, soit pour éviter les désordres qui


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n'accompagnent que trop souvent ces accidents. Pour prévenir même toute espàce de conflit et de discussion dans les dits cas de naufrage, il a été convenu, que lors qu'il ne se trouvera pas de consul ou de vice consul pour fairs travailler au sauvetage, ou que la résidence du dit consul ou vice consul qui ne se trouvera pas sur le lieu du naufrage, sera plus éloignée du dit lieu que celle du juge territorial compétent, ce dernier y fera procéder sur le champ avec toute célérité, la sureté et les précautions prescrites par les loix respectives, sauf au dit juge territorial à se retirer; le consul ou vice consul survenant, et à lui remettre les procédures par lui faites, dont le consul ou vice consul lui fera rembourser les frais. Les marchandises sauvées devront étre déposées à la douane la plus prochaine avec l'inventaire qui en aura été dressé par le consul ou vice consul, ou en leur absence par le juge qui en aura connu; pour, les dites marchandises, être ensuite délivrées, aprés le pré1evement des frais et sans forme de procès aux proprietaires, qui munis de la main levée du consul ou vice consul le plus prochain les réclameront par eux mêmes ou par leur mandataires; soit pour reporter les marchandises, et dans ce cas elles ne payeront aucune espàce de droit de sortie; soit pour les vendre dans le pays, si elles n'y sont pas prohibées, et dans ce cas, les dites marchandises se trouvant avariées on leur accordera une modération sur les droits d'entrée proportionée au domage souffert, lequel sera constaté par le procè verbal dressé lors du naufrage et de l'échouement.

ARTICLE XII

Les consuls et vice consuls du roi très chrétien, ètablis dans les Etats Unis, et les consuls et vice consuls des Etats Unis ètablis en France, y exerceront la police sur


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tous les batimens de leurs nations respectives et auront abord des dits batimens tout pouvoir et jurisdiction dans toutes les discussions qui pourront y survenir. Ils auront une entiàre inspection sur les dits batimens, leurs équipages, les changemens, et les remplacemens à y faire, ainsi que pour tout ce qui concernera leur navigation, et l'observation de leurs loix, ordonnances, réglemens respectifs. Ils pourfont se transporter abord des batimens de leur nation arrivant dans les ports, havres ou fades respectifs, et ce aussi souvent qu'ils le jugeront apropos pour l'acquit de leur charge sans qu'aucun officiers des douanes, de police, ou autres puissent les en empêcher. Ils pourront faire arrêter tout batiment portant le pavillon de leur nation respective, le faire séquestrer, et même, le renvoyer respectivement de France dans les Etats Unis et des Etats Unis en France, et faire arrêter sans difficulté tout capitaine patron, matelot ou passager de leur dire nation respective. Ils pourront réclamer les matelots, déserteurs, et les vagabonds de leur nation respective, les faire arrêter et détenir dans le pays ou les renvoyer et faire transporter hors du pays. Il suffira que les consuls ou vice consuls respectifs, puissent justifier que ces matelots, déserteurs et vagabonds de telle nation qu'ils puissent être d'ailleurs, sont inscrits, sur leur registre ou portés sur le rÓle de l'équipage, et l'une ou l'autre de ces deux pièces étant suffisantes pour fonder la validité de la réclamation, de la détention, et de la déportation des dits matelots, déserteurs, et vagabonds, aucun d'iceux, François ou Américain ne pourra dans les pays respectifs par lui même ou par autrui réclamer les loix ou l'autorité locale, interdisant sur ce toute connoissance à tous tribunaux, juges et officiers quelconques. Dans tous ces cas, les dits matelots, déserteurs et vagabonds seront


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remis aux réclamants, quelques soient leurs engagements, et ils ne pourront devenir engagés, retenus ou soustraits en aucune maniàre quelconque et par qui ce soit, nationaux ou étrangers à la perquisition que les dits consuls ou vice consuls, en feront faire par personnes autorisées par eux et chargées d'une réquisition signée d'eux; et pour l'éxécution de toutes les dispositions ce dessus les gouverneurs, commandans, chefs de la justice, les corps des tribunaux ou autres officiers des pays respectifs y ayant autorité, seront tenus et obliges de préter main forte aux consuls et vice consuls respectifs et sur une simple réquisition signée d'eux sauf à faire arrêter, détenir et garder dans les prisons à la disposition et aux frais des dits consuls et vice consuls, les matelots, déserteurs, et les vagabonds réclames jusqu' à ce qu'ils ayent occasion de les faire embarquer et sortir du pays. Et si les dits matelots, déserteurs, et vagabonds dans la vue d'éluder leur renvoi alliguaient qu'ils veulent retourner à leur patrie pour devenir sujets de S. M. T. C. ou des Etats Unis, respectivement, on n'aura aucun égard à cette assertion.

ARTICLE XIII

Dans les cas ou les sujets respectifs auront commis quelque crime contre quelqu'un des habitans du pays, qui mƩrite punition exemplair, ils seront justiciables des juges du pays.

ARTICLE XIV

Les consuls et vice consuls du roi T. C. ètablis dans les Etats Unis, et les consuls et vice consuls des Etats Unis ètablis en France, y connoîtront, à l'exclusion des tribunaux du pays, de tous les différens et procès, qui pourront naître à terre entre les capitaines, patrons,


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équipages, passagers et commçerans de leur nation respective. Ils les accorderont amiablement ou les jugeront sommairement, et sans frais, pour l'appel de leur jugemens être porté respectivement aux tribunaux de France et des Etats Unis, qui jugent en dernier ressort, et qui devront en connoître. Ils exerceront ces fonctions de justice, priveé, ou de police nécessaire sans qu'aucun des officiers militaires, de justice ou de police du pays, puissent s'y immiscer et y intervenir en aucune manière. Dans tous les cas ou il surviendra aussi entre les négotians François demeurant en France, et leur compatriotes établis ous la protection du roi très chrérien dans les Etats Unis, des différens procès pour raison de leur commerce, ainsi qu'il en surviendra de même entre les négotians Américains domiciliés dans les Etats Unis, et leurs compatriotes établés sous la protection des Etas Unis dans le royuame de France, pareillement pour raison de leur commerce, les dits différens et procès seront insfruits et jugés, sommairement et sans frais, entre eux, chacun par le consul ou vice consul de leur nation respective et les appels du jugement portés aux tribunaux respectifs qui jugent en dernier ressort, soit en France, soit dans les Etats Unis. A l'égard des autres différens et procès, qui pourront naître entre les sujets du roi T. C. et ceux des Etats Unis, dans les etats respectifs, soit comme demandeurs, soit comme défendeurs, les uns envers les autres tant a l'occasion des fournitures, marchès, trafic, qu'ils feront ensembles, et des soldes qui en résulteront, que des lettres de change, assurances, avaries, faillities et de toutes autres causes civiles, et criminelles, relatives au commerce, ils seront portés dans le pays devant les tribunaux que devront en connoître en première instance et par appel, sans que sous aucune prétexte les consuls et vice consuls respectifs putssent s'y immiscer en aucune manière.


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ARTICLE XV

L'utilité générale du commerce ayant fait établir en France des tribunaux et des formes particulières pour accélérer la décision des affaires de commerce, les négotians Américains jouiront du bénéfice de ces établissemens en France, et les Etats Unis procureront des avantages équivalents et coincidents avec ces tribunaux et ces formes en faveur des négotians François dans les affaires de même nature.

ARTICLE XVI

Les sujets du roi très chrétien, et ceux des Etats Unis, qui justifieront être du corps de la nation respective, le certificat du consul ou vice consul du district faisant mention de leurs noms, surnoms, et du lieu de leur établissement comme inscrits dans les registres du consulat, ne pourront perdre pour telle cause que ce soit dans les domaines et états respectifs, la qualité de sujets du pays dont ils sont originaires, conformement à l'article 11 du traité d'amitié et de commerce du 6 Fevrier 1778, dont les présent article servira d'interprétation en cas de besoin; et les dits sujets respectifs jouiront, en conséquence, de l'exemption de tous services personnels dans le lieu de leur établissement, et en outre, ils ne pourront y être assujettis à aucune taxe relative à l'industrie.

ARTICLE XVII

Toutes les stipulations ci dessus fondƩes sur une exacte rƩciprocitƩ, serviront dorƩnavant de regles, fixes, et invariables pour tous les objets, sur lesquels elles portent; mais si quelque autre nation conserve ou acquiert Ơ tel titre que ce soit, ou en vertu d'une convention quelconque, un traitement plus favorable soit en


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France, soit dans les Etats Unis, relativement aux consuls, vice consuls et agens, et à leur pré-éminences, pouvoirs, autorité et priviléges, les consuls, vice consuls et agens du roi très chrétien dans les Etats Unis, et les consuls, vice consuls et agens des Etats Unis en Frances y participeront aux termes stipulés par l'article 11 du dit traité d'amitié et de commerce conclu entre le roi très chrétien et les Etats Unis.

ARTICLE XVIII

Les ratifications de la prƩsente convention, seront donnƩes en bonne forme et ƩchangƩes de part et d'autre dans l'espace de six mois, ou plutƓt si faire se peut.

En roy de quoi, &c.

Conforme Ơ l'original restƩ par devers nous.

Le Chevalier de la Luzerne.

A Philadelphie le 24 Juillet, 1781.1

[Note 1: 1 This memorial and plan of convention were entered only in the manuscript Secret Journal, Foreign Affairs. The following translation, in Charles Thomson's hand, was the paper considered by Congress. It is in the Papers of the Continental Congress, No. 25, II, folio 21.
[Translation]
A Plan of a Convention
Between the Most Christian King and the United States of North America, for the purpose of determining and fixing the functions and prerogatives of their respective Consuls, Vice Consuls and Agents.
The Most Christian King and the thirteen United States of North America, having mutually granted to each other by the 29 article of the Treaty of Amity and Commerce concluded between them the power of keeping in their respective States Consuls, Vice Consuls and agents, and being willing in consequence thereof to determine and fix in a lasting manner, and on terms of equality the functions and prerogatives of the said Consuls, Vice Consuls and Agents, have agreed as follows:
ARTICLE 1
The Consuls and Vice Consuls named by the Most Christian King and the United States, shall be obliged to present their appointments on their arrival in the respective States, and there shall be delivered to them the exequatur necessary for the exercise of their functions, and upon the exhibition which they shall make of that exequatur, the Governors, Presidents, Commandants, Chief Judges, Magistrates of the place tribunals and other officers exercising authority in the ports and places of their Consulships shall cause them to enjoy there immediately and without difficulty the preƩminences authority and privileges mutually granted, without exacting from the said Consuls and Vice Consuls any duty or emoluments, under any pretext whatsoever.
2
The Respective Consuls shall have power to establish Vice Consuls in the different Ports and places within their departments, where necessary: There shall in like manner be delivered to them the exequator necessary for the exercise of their functions, and upon the exhibition which they shall make of the said exequatur, they shall be admitted and recognized in the terms and according to the Powers, authority and privileges stipulated by the 1, 5, and 6 articles of this present Convention.
3
The respective Consuls and Vice Consuls shall only be taken from among the natural born subjects of the power nominating them. They shall all be appointed by their respective Sovereign, and in Consequence of such appointment they shall not exercise any traffic or commerce whatsoever either on their own account, or on account of any other
4
The respective Consuls shall have power to establish agents in the different Ports and places within their department where necessary. These agents may be chosen from among the Merchants of their nation or strangers, and shall be furnished with a Commission from one of the said Consuls, and shall respectively Be authorized to render to their respective merchants seamen and vessels all possible service, and to inform the nearest Consul or Vice Consul of the wants of the said merchants, seamen and vessels; but the said agents shall not in any respect participate in the immunities, rights and privileges granted to Consuls and Vice Consuls by the present Convention. Nor shall they exact any duty by virtue of their appointment under any pretence whatsoever.
5
The Consuls and Vice Consuls the officers of the consulship and generally all persons attached to the Consular functions shall respectively enjoy a full and entire immunity for their persons papers and houses. They shall be exempted from all personal service, and public offices, from finding quarters for soldiers, from militia duties, from watch, ward, guardianship curatelle, and from all duties, taxes, imposts and charges whatsoever, save on real estates which they shall own, which shall be subject to the Taxes imposed on the estates of all other individuals. They shall be at liberty to fix upon the outer door of their house the arms of their Sovereign, provided always that this mark of distinction, shall not give to the said house the right of asylum to any malefactor or criminal, who shall take refuge there; but he shall be immediately delivered up on the first requisition and without any difficulty.
6
The Most Christian King and also the United States, shall give precise and effectual orders in the ports and places within their jurisdiction, that no let or hindrance be given to the funeral rites and obsequies of any subject of the one or the other nation, who shall die within the territories of the other.
7
In all cases, generally whatever respecting the police and administration of justice, where it shall be necessary to have a judicial declaration of the said Consuls and Vice Consuls respectively, the Governor, President, Commandant, Chief Judges Magistrates of the place, tribunals or other officers whatever at their respective residence or Consulate having authority there shall be bound to give them notice thereof in writing r by sending to them a civil or military officer to inform them of the object in view and the necessity there is of going to them, and demanding from them that declaration, and the said Consuls and Vice Consuls, shall be bound on their part, readily and bona fide to do what shall be required of them on those occasions.
8
The respective Consuls and Vice Consuls shall have power to establish a Chancery, for depositing the Consular acts and deliberations, the effects left by persons deceased or saved from shipwreck, also the testaments, obligations, contracts, and in general all the acts and proceedings made and done by or between people of their nation. They shall of consequence have power to appoint capable persons to manage that Chancery, to admit them into office, to administer an oath to them, to give them the keeping of the Seal, and the right of sealing the Commissions, judgements and other acts of consulship and also to execute the office of Notaries and scribes.
9
The respective Consuls and Vice Consuls shall have the exclusive right of receiving in their Chancery or on board of vessels the declarations and all other acts, which the captains, masters, seamen, passengers and merchants of their nation shall be willing to give there, and their testament and other dispositions of a last will, and the copies of the said acts duly authenticated by the said Consuls or Vice Consuls, and under the seal of their Consulship shall be admitted in all Courts of Justice in France and the United States. They shall also have the exclusive right of making inventories and liquidating accounts and of proceeding to the sale of the personal effects left by the subjects of their nation who shall happen to die in the respective States. They shall proceed therein, with the assistance of two merchants of their said nation whom they shall choose and shall cause to be deposited in their Chancery the effects and papers of the said successions, nor shall any officer civil or military, of justice, or of the police of the Country be allowed to give them any interruption or disturbance whatever. But the said Consuls and Vice Consuls, shall not be at liberty to deliver up the property or the produce thereof, to the lawful heirs or their attorneys, until they have caused to be discharged all the debts which the deceased may have contracted in the Country by judgment by acts or by bills, the writing and signature of which shall be proved and certified by two noted merchants of the nation of the said deceased, and in all other cases the payment of debts shall not be ordained, but upon the creditors giving sufficient security by a Bondsman resident there, to return the sums unduly received, both principal interest and costs, which securities however shall be duly discharged after one year in time of peace, and after two years in time of war, if a demand in discharge cannot before that time be made against the heirs who shall appear.
10
The respective Consuls and Vice Consuls shall receive the declarations and protests of all Captains and Masters of their respective nations on account of damages at sea by leakage or throwing goods overboard, even though Foreign Merchants are interested in the Cargo; or the Captains and masters shall lodge in the Chancery of the said Consuls and Vice Consuls the protests, which they shall make in other Ports on account of the accidents that have happened to them during their voyage; and in both cases the said Consuls and Vice Consuls respectively shall settle the damage without delay by experienced persons of their nation whom they shall name ex officio and by experienced persons equally of each nation, where a stranger is interested in the cargo.
11
In case either by tempest or other accident, the ships or vessels of France shall be wrecked on the Coast of the United States, or the ships or vessels of the United States shall be wrecked on the Coast of France, the Consul or Vice Consul nearest to the place of shipwreck, shall have power to do whatever he shall judge proper, as well for saving the ship or vessel, her cargo and appurtenances as for storing and securing the effects and merchandize saved. tie shall have power to take an inventory of them, nor shall any military officers nor officers of the Customs, or naval officers nor officers of Justice or of the police of the Country be allowed to interfere farther than by affording to the Consuls and Vice Consuls, the Captain and Crew of the vessel wrecked or stranded all the assistance and favour required of them either for the speedily saving and securing the effects, or for preventing the disorders, which too frequently accompany such accidents, to prevent all Interference of jurisdictions in case of shipwrecks, it is agreed that where there is no Consul or Vice Consul to assist in saving the wreck, or where the residence of the said Consul or Vice Consul not being at the place shall be farther distant than that of a competent territorial judge, this latter shall immediately promote with all expedition, the saving the wreck and the measures prescribed by their respective laws, provided always, that the Territorial Judge shall retire upon the coming of the Consul or Vice Consul, to whom he shall transfer the whole and commit the farther prosecution of the measures by him taken and the Consul or Vice Consul shall reimburse him the expences incurred. The merchandize saved shall be deposited in the nearest custom house or other nearest place of security, if there shall be no custom house, with an inventory made out by the Consul or Vice Consul, or in their absence by the judge who shall have had cognizance thereof, in order that the said merchandizes may after payment of the expence be afterwards delivered without any formal process to the owners, who being furnished with a release from the nearest Consul or Vice Consul shall reclaim them in person or by attorney, either for the purpose of reexporting the merchandizes, in which case they shall not pay any kind of duties on exportation, or for the purpose of selling them in the country, if they are not there prohibited, and in this case the said merchandize being damaged an abatement shall be made on the import duties proportioned to the damage suffered, which shall be determined by the verbal process stated at the time of the wreck or stranding.
12
The Consuls and Vice Consuls of the Most Christian King established in the United States, and the Consuls and Vice Consuls of the United States in France, shall there exercise the police over all the vessels of their respective nations, and shall have on board the said vessels all power and jurisdiction in all discussions which can arise there. They shall have the entire inspection over the said vessels, their crews, the changes and the recompenses for making them, and also for whatever shall concern their navigation, and the observance of their respective laws ordinances and regulations.
They shall be at liberty to go on board the vessels of their nation arriving in the respective ports havens and roads, and that as often as they shall judge necessary for the performance of their office, nor shall any officers of the customs, or of the police or any other persons whatever prevent them.
They shall be at liberty to arrest and sequester all the vessels carrying the flag of their respective nation, and even to send them back respectively from France to the United States, and from the United States to France, and to arrest without any difficulty every captain master, seaman or passenger of their respective nation.
They shall be at liberty to reclaim sailors, deserters and the vagabonds of their respective nation, and to arrest and detain them in the country or to send them away and cause them to be transported out of the country: It shall be sufficient that the Consuls or Vice Consuls respectively can prove that the sailors, deserters and vagabonds, of what nation soever they be are inserted in the registers, or entered on the roll of the crew, and the one or other of these two pieces being sufficient to establish the validity of the claim and detention and of the transportation of the said seamen, deserters and vagabonds, none of them whether French or American shall in the respective countries either by himself or others, be at liberty to claim the benefit of the laws or authority of the country, all tribunals, judges and officers whatsoever being interdicted from all cognizance thereof. In all these cases, the said seamen, deserters and vagabonds shall be delivered to the reclaimers, whatever may be their engagements, and they shall not be engaged, detained or withdrawn in any manner, or by any person whatever, whether natives or foreigners, upon the requisition which the said Consuls or Vice Consuls shall cause to be made by persons authorised by them and entrusted with the requisition signed by them.
And for the execution of all the regulations above-mentioned, the governors, commandants, chief judges, magistrates of the place, tribunals, and other officers of the respective countries having authority there, shall be held and bound to assist the respective Consuls and Vice Consuls, and upon a simple requisition signed by them, saving the power of arresting, to detain and keep in prison, at the disposal and cost of the said Consuls and Vice Consuls, the sailors, deserters and vagabonds reclaimed, until they shall have an opportunity of putting them on board and sending them out of the country.
13
In case the subjects respectively shall commit any crime against any inhabitants of the country which deserves exemplary punishment, they shall be tried by the judges of the country.
14
The Consuls and Vice Consuls of the Most Christian King established in the United States, and the Consuls and Vice Consuls of the United States established in France shall to the exclusion of the tribunals of the country have cognizance there of all differences and processes which shall arise on land between the captains, masters, crews, passengers and traders of their respective nations. They shall settle them in an amicable manner, or decide them summarily and without costs, and the appeal from their judgments shall be carried respectively to the tribunals of France and the United States, that judge in the last resort and that ought to have cognizance thereof. They shall exercise these offices of private justice and of necessary police, nor shall any military officer, nor any officer of justice or of police in the country intermeddle or interpose in any manner whatever.
In case any differences or suits on account of their commerce shall happen either between French merchants living in France and their countrymen settled under the protection of the most Christian King in the United States, or between the American merchants dwelling in the United States and their countrymen settled under the protection of the United States in the Kingdom of France, the said differences and suits shall be brought to trial and decided between them in a summary way and without expence by the Consul or Vice Consul of their respective nation, and the appeals from their judgment shall be to the respective tribunals which judge in the last resort, whether in France or in the United States.
With respect to all other differences and suits that may arise between the subjects of the Most Christian King and those of the United States in the respective countries either as plaintiffs or defendents one against another, as well on account of bargains and traffic one with another and the payments to be made in consequence thereof, as for bills of exchange, insurances, damages at sea, bankruptcies, and all other causes civil and criminal relative to commerce, they shall be prosecuted in the country before the tribunals which ought to take cognizance thereof in the first instance and by appeal nor shall the respective Consuls and Vice Consuls under any pretence intermeddle therein in any manner.
15
The general advantage of commerce having given occasion to establish in France certain tribunals and particular forms for the speedy determination of commercial matters, the American merchants shall enjoy the benefits of those establishments in France and the United States shall procure equal advantages coinciding with the tribunals and forms in favor of the French merchants in matters of the same nature.
16
The subjects of the Most Christian King and those of the United States, who shall prove that they are under the laws of their respective nation, the certificate of the Consul or Vice Consul of the district mentioning their names surnames and place of abode as inserted in the registers of the Consulship, shall not for any cause whatever lose in the respective dominions and States, the quality of subjects of the country to which they originally belong, conformably to the 11 article of the treaty of amity and commerce of the 6 Feby. 1778, of which this present article shall serve for an interpretation if occasion require, and the said subjects respectively shall consequently enjoy an exemption from all personal services in the place of their residence and moreover they shall not be subject to any tax relative to labour.
17
All the stipulations abovementioned being founded on an exact reciprocity shall henceforth serve for regulating fixing and rendering invariable all the objects to which they relate. But if any other Nation enjoys, or acquires under any title or in virtue of any convention whatever a more favorable treatment either in France or in the United States with regard to Consuls, Vice Consuls and agents, and their preƫminences powers authority and privileges, the Consuls, Vice Consuls and agents of the most Christian King in the United States, and the Consuls, Vice Consuls and agents of the United States in France shall participate therein, agreeably to the terms of the 11 article of the said treaty of amity and commerce, concluded between the Most Christian King and the United States.
18
The ratifications of this present convention shall be delivered in good form and exchanged by one party and by the other in the space of 6 months or sooner if possible In testimony whereof &c. agreeable to the original remaining with us.
Philadelphia the 24th July. 1781.
(Signed)Le Chev. de la Luzerne.]

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Posted here by:
CDR Charles Kerchner (Ret)
Lead Plaintiff
Kerchner et al v Obama et al
http://www.protectourliberty.org
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