Which Dictionary should we use?
My mission in life comes from a letter dated August 4, 1822 to WT Barry from James
Madison, the fourth President of the United States of America
1809-1817:
“The liberal appropriations made by the
Legislature of Kentucky for a general system of Education cannot be too much
applauded. A popular Government, without popular information, or the means of
acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both.
Knowledge will forever govern ignorance: And a people who mean to be their own
Governors, must arm themselves with the power which knowledge
gives.”
I am seeking knowledge so one day I too can
be my own governours of my own affairs. I am also looking for other people with
the same quest!
Please note that it is the duty of the
People who mean to be their own governours to verify the accuracy of any
information being provided. Only certified and notarized information from anyone
can be trusted or used in a court of law.
If someone doesn’t understand something,
then how can they use it?
Black’s Law Dictionary, Sixth Edition page 697
–
Government de facto.
A government of fact. A government actually
exercising power and control, as opposed to the true and lawful government; a
government not established according to the constitution of the nation, or not
lawfully entitled to recognition or supremacy, but which has nevertheless
supplanted or displaced the government de jure. A government deemed
unlawful, or deemed wrongful or unjust, which, nevertheless, receives presently
habitual obedience from the bulk of the community.
There are several
degrees of what is called “de
facto government.” Such a government, in its highest degree,
assumes a character very closely resembling that of a lawful government.
This is when the usurping government expels the regular authorities from their
customary seats and functions, and establishes itself in their place, and so
becomes the actual government of a country. The distinguishing
characteristic of such a government is that adherents to it in war against the
government de jure do not
incur the penalties of treason; and, under certain limitations, obligations
assumed by it in behalf of the country or otherwise will, in general, be
respected by the government de
jure when restored. Such a government might be more aptly
denominated a “government of paramount force,” being maintained by active
military power against the rightful authority of an established and lawful
government; and obeyed in civil matters by private citizens. They are usually
administered directly by military authority, but they may be administered, also,
by civil authority, supported more or less by military force. Thorington v.
Smith, 75 U.S. (8 Wall.) 1, 19 L.Ed. 361.
Sixth Edition page
416 –
De facto
government. One that maintains itself by a display of force
against the will of the rightful legal government and is successful, at least
temporarily, in overturning the institutions of the rightful legal government by
setting up its own in lieu thereof.
Worthham v. Walker,
133 Tex. 255, 128 S.W.2d 1138, 1145.
SEVENTH EDITION
page 703 –
De facto
government. 1. A government that has taken over the regular
government and exercises sovereignty over a nation. 2. An independent government
established and exercised by a group of a country’s inhabitants who have
separated themselves from the parent state.
A LAW
DICTIONARY - ADAPTED TO THE CONSTITUTION AND LAWS OF THE UNITED STATES OF
AMERICA AND OF THE SEVERAL STATES OF THE AMERICAN UNION by John Bouvier Revised
Sixth Edition, 1856 -
Bouvier's Law
Dictionary
DE
FACTO, i. e.
in deed. A term used to denote a thing actually done; a president of the United
States de facto is one in the exercise of the executive power, and is
distinguished from one, who being legally entitled to such power is ejected from
it; the latter would be a president de jure. An officer de facto is frequently
considered as an officer de jure, and his official acts are of equal validity.
10 S. & R. 250; 4 Binn. R. 371; 11 S. & R. 411, 414; Coxe, 318; 9 Mass.
231; 10 Mass. 290; 15 Mass. 180; 5 Pick.
487.
UNITED STATES
OF AMERICA. The
name of this country. The United
States, now
thirty-one in number, are Alabama, Arkansas, Connecticut, Delaware, Florida,
Georgia, Illinois, Indiana, Iowa, Kentucky, Louisiana, Maine, Maryland,
Massachusetts, Michigan, Mississippi, Missouri, New Hampshire, New Jersey, New
York North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina,
Tennessee, Texas, Vermont, Virginia, Wisconsin, and
California.
5. -
The United States of
America are
a corporation endowed with the capacity to sue and be sued, to convey and
receive property. 1 Marsh. Dec. 177, 181. But it is proper to observe that no
suit can be brought against the United States without authority of
law.
6. - The
states, individually, retain all the powers which they possessed at the
formation of the constitution, and which have not been given to
congress. (q. v.)
7. – … Const. Art. 4, s. 3. And the United
States shall guarantee to every state in this union, a republican form of
government. Ib. Art. 4, s.4.
Please note:
5. - ‘United States of America are a corporation’ is correct! It
is printed that way in our hard copy of the Bouvier’s Third Edition printed in
1848 and the same as the 1856 version on line.
Please note:
5. – “… But it is proper to observe that
no suit can be brought against the United
States without authority of law.”
Today: You cannot sue
without its consent!
U.S. Supreme Court
in
463 U.S. 206
UNITED STATES v.
MITCHELL ET AL.
CERTIORARI TO THE COURT OF CLAIMS
“It is axiomatic that the United States
may not be sued without its
consent and that the existence of consent is a prerequisite for
jurisdiction. 9
.”
Email questions to Steven
Pattison
NOTE: In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed prior interest in receiving this information for non-profit research and educational purposes only. For further information please refer to: http://www.law.cornell.edu/uscode/17/107.shtml
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