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Sunday, June 14, 2015

State Citizen

State Citizen

By Jaro Kole
Via Rick Briand
June 14, 2015

Unbeknownst to most people, the class termed, "US citizen" did
not exist as a political status until 1866.

It was a class and, "Political Status" created for the newly freed
slaves and did not apply to the people inhabiting the States of
The Union who were at that time, "state Citizens."

The Founding Fathers were, "state Citizens" not, "US citizens."

The class of people identified as, "US citizens" were the, "Newly
Freed Slaves Only" as was the intent of the drafters of the so-called
14th Amendment.

After being recognized as, "People" rather than,
"Animate Property", they needed to be brought within
the "Naturalization Process" and afforded some rights.

As anyone well knows, property has no rights.

"On the other hand, there is a significant historical fact in all of this. Clearly, one of the purposes of the 13th and 14th Amendments
and of the 1866 act and of section 1982 was to give the Negro
citizenship. . ."Jones v. Alfred H. Mayer Co. (1967), 379 F.2d 33, 43.

"The object of the 14th Amendment, as is well known, was
to confer upon the colored race the right of citizenship."
United States v. Wong Kim Ark, 169 U. S. 649, 692.

There is a, "Citizenship" of the United States and, "Citizenship"
of a State.

“The government of the United States is a foreign corporation with
respect to a State.” In re Merriam, 36 N. E. 505, 141 N. Y. 479,
affirmed 16 S. Ct. 1073, 163 U. S. 625, 41 L.Ed. 287

The District of Columbia is not a State. There is no star on the
American flag representing the District of Columbia.

“We have in our political system a government of the United States
and a government of each of the several States. Each one of these
governments is distinct from the others, and each has citizens of
it’s own…” United States v. Cruikshank, 92 U.S. 542 (1875)

“…he was not a citizen of the United States, he was a citizen and
voter of the State,…” “One may be a citizen of a State an yet not
a citizen of the United States”. McDonel v. The State, 90 Ind. 320 (1883)

“That there is a citizenship of the United States and citizenship
of a state,…” Tashiro v. Jordan, 201 Cal. 236 (1927)

“A citizen of the United States is a citizen of the federal
government …” Kitchens v. Steele, 112 F.Supp 383

The Importance Of State Citizenship

Why is this important?

Because the rules that apply to, "US citizens" may be different that
the rules that apply to, "state Citizens", and the rights of one are
not the same as the other.

For example, the, "state Citizen" is NOT required to have a driver
license to legally use their car to go to the store to buy food or to
attend their place of worship, but the, "US citizen" is required to
have a license to do the same thing.

“The governments of the United States and of each state of the
several states are distinct from one another. The rights of a citizen
under one may be quite different from those which he has under
the other”. Colgate v. Harvey, 296 U.S. 404; 56 S.Ct. 252 (1935)

“There is a difference between privileges and immunities belonging
to the citizens of the United States as such, and those belonging to
the citizens of each state as such”. Ruhstrat v. People, 57 N.E. 41 (1900)

“The rights and privileges, and immunities which the fourteenth
constitutional amendment and Rev. St. section 1979 [U.S. Comp.
St. 1901, p. 1262], for its enforcement, were designated to protect,
are such as belonging to citizens of the United States as such, and
not as citizens of a state”. Wadleigh v. Newhall 136 F. 941 (1905)

“...rights of national citizenship as distinct from the fundamental
or natural rights inherent in state citizenship”. Madden v.
Kentucky, 309 U.S. 83: 84 L.Ed. 590 (1940)

SUI JURIS. One who has all the rights to which a freemen
is entitled; one who is not under the power of another,
as a slave, a minor, and the like.2. To make a valid contract,
a person must, in general, be sui juris. Every one of full age
is presumed to be sui juris. Story on Ag. p. 10. Bouvier's Law
Dictionary, 1856

INGENUI, civ. law. Those freemen who were born free. Vicat,
vocab. 2. They were a class of freemen, distinguished from
those who, born slaves, had afterwards legally obtained their
freedom the latter were called at various periods, sometimes
liberti, sometimes libertini. An unjust or illegal servitude
did not prevent a man from being ingenuus. Bouvier's Law
Dictionary, 1856

JURIS ET DE JURE. A phrase employed to denote conclusive
presumptions of law, which cannot be rebutted by evidence.
The words signify of law and from law. Best on Presumption,
Sec. 17. Bouvier's Law Dictionary, 1856

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