STATEMENT OF PURPOSE

The Republic of Texas is dedicated to the freedom of all people regardless of their sex, race, religion, or national origin. The Republic of Texas is neutral and non-aggressive. We are working for a peaceful and lawful transition of government power back to the local level where the people can make the best decisions regarding the lives of their families and the future of their children.

Treatise

Treatise by Ambassador McLaren on the Republic of Texas

The Right of Texas to Independence as a Nation

February 7, 1997

To understand what rights the People claiming to be Texans, or in their official national name, Texians, have to exist and to operate as a free an independent nation, there are two separate fields of study one must address to comprehend its basis in fact. First is history and second is international law, or what is termed in its organic source, as the law of nations. Neither field in itself addresses the total question nor answers it.

Let us begin this quest for understanding by revealing the facts of the history and the law so that you can make your own judgment on the question.

On March 2, 1836, while in the middle of a war for its independence, the Texans boldly declared their independence from Mexico, which itself several years before, had declared itself independent from Spain. The Texian movement, which had begun formally on November 13, 1835, assembled and adopted the formation of a provisional government in accordance with the law of nations. Texans were at war to free themselves from a tyrannical government, but there are also historical records to show that there was another agenda directed towards eventually bringing Texas into a union with the United States. After the fall of the Alamo, delegates in convention adopted a constitution for the new nation of Texas, known as The Republic of Texas, on March 17, 1836. On May 14, 1836, by secret agreement with General Santa Anna in the Treaty of Velasco, Texas became a free and sovereign nation. On April 25, 1838 the United States of America entered into a formal treaty, which was declared ratified on October 13, 1838, recognizing the full boundaries of The Republic of Texas which encompassed approximate 393,000 square miles of land and included parts of the present states of Oklahoma, New Mexico. Kansas, Colorado, and Wyoming.

The Congressional Records of both the Congress of the United States and Congress of The Republic of Texas between 1837 and 1845 show that there had been several attempts to bring Texas into a union with the United States; but due to the the aggressive stances of several senators and congressmen, such as John Quincy Adams, they were able to prove on the Congressional Record that it would be unconstitutional for the United States to annex Texas or any other foreign nation without proper ratification of an amendment to the Constitution to allow for such annexation. But on February 27, 1845, the Senate of the United States breached its authority under the U.S. Constitution and started the process to annex Texas. This breach lacked lawful foundation under both the law of nations and the United States Constitution. The senate was unable to muster enough votes to pass a treaty; so Texas was annexed by a joint resolution which was later referred to by the United States Supreme Court in 1850 in League vs. De Young 52 US 185 as a Treaty.

The records of these congressional proceedings during 1845 and early 1846 are quite explicit, with documented facts showing unlawful annexation.

Although historians argue that the people of Texas voted for the annexation, they refuse to explain why the Constitution of the United States was breached and is still being breached by the lack of an amendment and ratification by the states then in the union. The records clearly show that the people of the United States would not have voted in support of Texas Annexation and that Texas Annexation was strictly a ploy to facilitate United States' invasion of Mexico in order to gain Pacific Ocean seaports in California for certain international interests propagated by the United States.

Some historians will argue that since the People of Texas voted on this subject, and due to the long passage of time, the question is settled. But now comes the twist of history and international law that no one is officially wanting to face and everyone is trying to ignore.

As part of the Annexation Resolution (Treaty) of 1845, The People of The Republic of Texas were to adopt a new constitution, which they did on December 29, 1845. This constitution was approved by the US Congress and the President of the United States and forms part of the operations and controlling aspect of the Treaty . The Treaty itself is in three parts, and it was approved by We The People of The Republic of Texas and was certified under the law of nations. It contains certain operational clauses that made Texas merely a commonwealth holding under the law of nations under Contract/Treaty/Compact. The treaty contained no direct clause of perpetuity; and the people of Texas, with the agreement of the United States Congress and the US executive branch, fully reserved the right at any time, if proper course of law is followed to dissolve the treaty and return to its nation status. This is found at Article 1, Section 1 and Article 7, Section 20 of the Texas Constitution of December 29, 1845.

To fully understand the importance that Texas had merely a defective International Treaty or agreement with the United States and nothing further, and the ratifications of that Treaty and its valid escape clauses, pleases read a US Supreme Court decision of 1850 called League vs. De Young 52 US 185 .

On February 1 and 2, 1861, the legislature of the then so-called State of Texas, operating in its reserved capacity, right under the law of nations voted to dissolve the Treaty; and by March 1, 1861 the political body had voted to concur with this decision by a vote of 46,129 to 14,697. This act was done under the full sovereign rights of eminent domain of the People of Texas, as reserved by the defective treaty, and established what is now called The Secession Government of Texas under the law of nations.

The records clearly show that the Secession Government of The Republic of Texas operated entirely on its own for over 8 months prior to becoming an ally of the Confederacy in December of 1861. The Northern States of the United States on August 16, 1861 instituted a provisional government operating under the law of nations pursuant to the rules and customs of war.

After the Confederate army was surrendered by General Robert E. Lee, Texas forces continued to fight for approximately 6 months. Then Texas fell captive as an independent nation and came under the acts of reconstruction of the Northern War Powers Congress pursuant to the law of nations.

In 1868 the Fortieth Congress of the United States debated the issue of Texas' right to reestablish under the law of nations, and the question was officially sent by Joint Resolution to the House Judiciary to investigate and report back.

To this date, the US House Judiciary Committee has failed to report back, and congress has never resolved the status of Texas as a nation as it was recovered under the law of nations. This resolution is found at the Congressional Globe (Record) of the Second Session of the Fortieth Congress of 1868 at pages 1421, 1632, and 1760, and clearly and without a doubt shows the issue unresolved as to the political status and character of Texas under the law of nations.

By March 30, 1870, the United States had forced Texas back into a union with the United States as a captive nation of war without resolving Texas' right to its nationhood under the law of nations. Texas was denied its right to move on its own, and the US was illegally attempting to convert the nationality of Texians to that of 14th Amendment Congressional citizens, thus trying to wipe out a future claim to national status. But records show that the March 30, 1870 Act did, in fact, reserve the rights of the Sovereign Class of citizen of the nation of Texas. See US Congressional Records of June 13, 1967 at p. 15641-15646.

All one needs to read to understand that the acts of the Civil War are still in full force and effect on Texas is Whiting on War Powers Under the Constitution of the United States, The Law of Nations By Vattel, Military Government and Martial Law , Birkhimer, and War and Emergency Powers by Gene Schroeder.

By 1876 the United States citizens operating the war powers government of the de facto STATE OF TEXAS adopted and imposed a new constitution. This constitution was in and of/itself invalidated by its adopting members since at the time of convention just as today no determination as to the status or character of the Secession Government of Texas and its body politic has been made. This question was reserved at Art 16, Sec. 18 of the Texas Constitution of the de facto State of Texas. You may also want to read Texas Rules of Court at rule 53.

The right of those claiming belligerent status as Texian Nationals to reform their nation is a reserved right. It now has been reinstated under the law of nations and there is no court in the world which has lawful jurisdiction under the law of nations to decide this political issue. The hard facts are that The Republic of Texas Political Body assembled by the acts of those of its body in Jeff Davis county, Texas, and by the provisional government convention in Bulverde, Texas, on December 12 and 13, 1995 are real.
There is no recourse under the law of nations except by the right of those Citizens who claim belligerent status and want to vote on whether Texas should rejoin the union with The United States of America.

The US foreign policies of the last 40 years have settled that question, especially in light of recent U.S. foreign relations policies and law involving the unlawful annexation of the Baltic States of the former USSR and the United States' stance on Bosnia, clearly circumventing international law and becoming involved in what under international law was deemed a domestic situation. Now, by refusing belligerent Texians the right to choose to regain their country, the U.S. violates their own United Nations Charter at Article 2(4). They have no other lawful choice but to admit to the law and fact and let the People of Texas decide that question, just as they are now having to do with the question of Hawaii being made unlawfully part of the United States.

Anyone wishing to get a copy of all the documents and a videotape regarding a complete testimony regarding Texas' independence issues (which was to have been presented in open testimony at The Republic of Texas Capitol in Austin on January 7, 1997 until it was blocked by Dan Morales and the Texas Legislature), call News Watch Magazine at 1-972-937-2227.

Richard Lance, McLaren
A Texian

The guest author of the week is the Chief Ambassador and Consul General of The Republic of Texas government. The movement to recover Texas' independence came out of both legal and political actions involving lack of valid land titles in Jeff Davis county, Texas, in a place sometimes called the Davis Mountains Resort, in which both the the court of appeals of the Eighth District of Texas in Case No. 08-93-00099CV in January 1994, and The Texas Supreme Court Decision in Case No. 95-1002, of November 16, 1995 ruled in his favor and later for the political rights of The People and Nationals of The Republic of Texas.