EXPATRIATION ACT OF 1868 PDF

External links The Expatriation Act of was codified at 25 Rev. It was the precursor to the United States Code. Background The United States had, since its early days, implicitly denied the doctrine of perpetual allegiance through its naturalization laws. President Thomas Jefferson wrote to Treasury Secretary Albert Gallatin that "I hold the right of expatriation to be inherent in every man by the laws of nature … the individual may [exercise such right] by any effectual and unequivocal act or declaration". In the s, France as well as various German and Scandinavian states attempted to conscript their natives who had become U.

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Robert Brock, longtime President of the Washington, D. The challenge was based on well-founded principles of law: How can African Nationals be citizens of the United States when they never agreed to be governed by the United States? Their forced enlistment as U. Brock outlined four main issues on which the refusal of Blacks to pay taxes was based: A. The domicile of origin is the domicile of every person until it is abandoned freely.

The domicile gained by free birth in Africa cannot be changed by a slave birth in the United States. The forced citizenship of Blacks was the product of completely unilateral acts by others against them. No vote was ever taken, no petitions were ever signed, and no polls were ever conducted to indicate that African Nationals in America wanted to live under the White-created Constitution. The case was originally dismissed by the federal district court in Los Angeles. Brock has appealed and petitioned for rehearing over a 4-year period.

The U. The case has now wound its way up to the U. Supreme Court, which has denied certiorari. Brock is currently petitioning for a rehearing, but views the case as having reached the end of the line in U. They are disclaimers of mutuality and stand as evidence that the signor does not consent to citizenship. Congress passed The Expatriation Act of one day prior to the pronouncement of the ratification of the 14th Amendment.

The Expatriation Act of made official the Congressional view that every individual on earth has the absolute right to expatriate remove himself from one government to another if he so desires. The fact was that the Congress knew they had no such jurisdiction, and so The Expatriation Act was their offer to the Blacks to expatriate themselves, i.

After over years of slavery and forced illiteracy by the threat of death if caught reading a book, Blacks had 24 hours to make this decision. Where were Blacks to go, and with what? In this manner, Congress was attempting to free itself of the responsibility for slavery. Repatriation, Reparations and Self Determination should have been offered to the slaves. Since the ignorant Blacks knew nothing of this Expatriation Act, few, if any took advantage of it.

A very few did sign papers for this act. The legal status of Blacks is continued enslavement, i. These differences are in violation of International Law and serve to explain our continued confusion and apprehensions about our legal status in America. Attorney Dr. Robert L. Government you will not be obligated to pay U. Expatriation does not mean that you will have to leave the United States.

You can maintain residency in the U. Our current residency is as captives of war. What more to have residency based upon choice via Expatriation, with an end to illegal taxation? Africans did not come to the U.

Robert Brock, because she refused to submit to the jurisdiction of the United States of America. This made her the perfect case. Worsley was indicted although the jury Foreman failed to sign the paperwork on April 3 and subsequently arrested on April 9 and held without bond until April Not a single one.

In the transcript of a hearing held on Monday, July 7, Worsley did not verbally answer any questions, and Brock asserted that there were two different approaches that could be taken in the case. Brock requested that the court rule on the issue of jurisdiction.

The judge set her hearing for August 25 at 9 A. In the meantime, the battle lines were being drawn. On Monday, August 18 the Court ruled that it did, in fact, have jurisdiction over Worsley; however, because Brock did not receive the notice until the Friday prior to the Monday trial, he was forced to file an Emergency Writ of Prohibition with the United States Court of Appeals for the Fourth Circuit in Virginia on Monday the 25th to stop the proceedings.

In his writ, Brock cited several areas including the fact that the United States and the Internal Revenue Service did not respond to the motion of Judicial Notice challenging jurisdiction as a matter of right under Rule e f which erroneously stated that the United States had responded; based on that lack of responses, he challenged the ORDER written August 20; and he claimed that Worsley was forced to sign a release to stay out of jail and cited an excessive bond amount.

While Brock was filing the writ in Virginia, outside of the courthouse in Greensboro, protestors marched to show their disapproval of the treatment that Worsley was receiving.

On December 1, Brock filed a petition for a Rehearing in Banc which would bring all 10 justices together to hear the case. The Worsley Defense Fund, P. Box , Washington, D. Black Tax Rebellion in the U. Are we to say the United States is immune from slavery charges?

In this study of the presently occurring Back Tax Rebellion, an attempt is made to clarify this hidden element. We recognize that there are officials, and member States of the United Nations who have observed, with deep interest the problems in America.

Some know that the United States of America is a uniquely deceitful government, claiming a great human rights record while hiding gross violations of human rights from world view. Others may need to see more evidence. This study gives evidence of the fear-driven decisions of the U. Government, it shows how these decisions have caused the most serious Black rebellion to date, and it demonstrates how Blacks are justified seeking the assistance of the world community.

If the United Nations would intervene to help resolve the racial conflict in America at this moment, it could not stop the Black Tax Rebellion.

Brock has collected 60, signatures , as of of persons disclaiming mutuality with the U. This number is rapidly growing as Blacks begin to question the legality of their status. Because of the climate of fear and hate, such a rebellion is bound to cause great tension between Blacks and the U. Constitution and the Caucasian majority. Increased tension promises increased oppression and increasing demands for U.

Can the Black Tax Rebellion be defended, before the Nations of the World, as rebellion against tyranny? The following facts will indicate that this rebellion may indeed be justifiable. Upon reading these facts, perhaps Member States will respond to the petition of the Honorable Silis Muhammad, and the Government of the Lost Found Nation, and prepare to step in and protect slave descendants while they force the United States to comply with International Law. We will begin our study by looking at the work that Dr.

Brock has done to exhaust the available judicial remedies. The Government hereby waives its right to file a response to the petition in this case, unless requested to do so by the court. Walter Dellinger, Acting Solicitor General.

Since no issue was raised, the opposition came from the Court itself. Brock insists that slave descendants are now empowered to go forward on their own as they went forward before they were in slavery. It appears that the legal grounds may be firmly established for the Black Tax Rebellion.

Following are four arguments upon which the case is built, and two rules or conclusions. The 13th Amendment also gave a new power to Congress, and that power was to enforce the 13th Amendment by appropriate legislation Civil Rights law.

In essence, this meant that the slaves were removed from the authority of their individual owners and put under the authority of the Congress. This, Dr. Brock argues, points toward one continuous act of enslavement. The 14th Amendment proceeded to make the slaves citizens. Since other persons other than slaves were already citizens, born and naturalized, the 14th Amendment had a problem in accomplishing slave citizenship.

They could not offer the slaves mutuality because the slaves might make demands for compensation, might wish to return home, might wish to govern themselves. The old fear of rebellion or retaliation must have entered the reasoning process of the lawmakers. The slaves were not offered a choice in citizenship, and so the basis of law, which is mutuality, was ignored.

The new 14th Amendment 2nd class citizens, under the control of the Congress, subject to the jurisdiction of the United States, forced into citizenship, were still not free nor were they equal. Subsequently the slave descendants were taxed under the 16th Amendment. Disclaiming the Foundation of U.

Law: Under the guidance of Dr. Constitution and all of its laws, statutes, rules and regulations. A maxim of law is that silence means consent, baring the Statute of Limitation. Since there was no opportunity for disclaimer at the time when the 14th Amendment forced citizenship upon the slaves, that disclaimer Limitation, Dr.

Brock filed a complaint in U. District Court, Los Angeles Central District, on December 10, to stop the Statute of Limitation on slavery, thereby gaining time to exhaust the legal remedies and gradually inform the slave descendants of the legal issues.

After Mr. Ashton delivered the disclaimer in Court, Dr. Brock was able to argue that since the Plaintiff disclaimed the Constitution on the grounds that no mutuality ever at any time existed between the United States and Plaintiff, it is the duty and law of the United States to overcome this disclaimer by proof of mutuality or consent, showing that the Plaintiffs are by mutual law subject to paying taxes as free people.

Determining the Domicile of Slave Descendants: Can domicile be forced? Remember Dr. Denying U. Jurisdiction: Dr. Government against Blacks to this day.

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Expatriation Act of 1907

Background[ edit ] This act was an attempt by Congress to resolve issues related to the status of citizenship, including those Americans living outside the United States, married women, and children born outside the country to American citizens. A particular concern during the last half of the nineteenth century was that of dual citizenship. During this period, several countries had established laws which gave their nationality to alien wives of male citizens. Did this then grant dual citizenship to American women married to men from these countries? Grant attempted to resolve this issue. Following the wedding, the couple left the country to reside in Great Britain. British law stated that an alien woman became an English subject when she married a citizen of Great Britain.

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The Expatriation Act of 1868

Robert Brock, longtime President of the Washington, D. The challenge was based on well-founded principles of law: How can African Nationals be citizens of the United States when they never agreed to be governed by the United States? Their forced enlistment as U. Brock outlined four main issues on which the refusal of Blacks to pay taxes was based: A. The domicile of origin is the domicile of every person until it is abandoned freely.

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Expatriation Act of 1868

The U. Congress passed The Expatriation Act of one day prior to the pronouncement of the ratification of the 14th Amendment. The Expatriation Act of made official the Congressional view that every individual on earth has the absolute right to expatriate remove himself from one government to another if he so desires. The Expatriation Act was, in reality, an effort to cover up a substantial error contained in the 13th Article of Amendment, which reads: "Neither slavery nor involuntary servitude, except as a punishment for crime whereon the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction. The fact was that the Congress knew they had no such jurisdiction, and so The Expatriation Act was their offer to the Blacks to expatriate themselves, i.

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1868 Expatriation Act

Zololl It all began when a young woman, Carolyn Worsley, from Tarboro, north Carolina decided not to open her mouth, according to Dr. On the other hand, the government may not withdraw nationality from a citizen based on any actions the citizen takes; loss of citizenship can only result when the there is clear evidence that the person intends to expatriate. English common law, for example, effectively denied the legitimacy of the concept of self-denaturalization. Citizenship Act ofit would transcend judicial power to insert limitations or conditions upon disputable considerations. Similarly, voting in a foreign election was not held as definitive evidence of intent to give up citizenship, in the absence of an express acquisition of foreign citizenship and renunciation of the U. Filter Filter through years using slider.

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