Updated: 2/28/16 By Mizraim El

 

By the Law of Nations no state is bound to recognize slavery of another state.

 Reference / Source of Law:  John Bouviers Institutes of American Law

 #168 “Book of Persons” Page # 37.

 

"A valid and sufficient accusatory instrument is a non waivable jurisdictional prerequisite to a criminal prosecution" People v. Case, 42 NY2d 98, 99 [1977]

 

The Jailer is liable for the escape of prisoners lawfully in arrest, and if the arrest is illegal, he is free from all liability.  He (the jailer) may, therefore in his defence show that the court issuing the process had no jurisdiction.  Albee v. Ward, 8 Mass. 79l  Or;  that the process was void.

 Whereas, a Writ may be void because it is defective in language, because the court had no jurisdiction to issue the writ; Big Torts 122 Nixon v. Reeves, 65 Minn. 159, 67 n.W. 989, 33 L.R.A. 506.   See Bouviers Law Encyclopedia Rawles 3^rd revision Pg. 1182.

The Clerk of the court who issues a defective writ, or one not authorized by the Court, is liable; and so is a judge who orders a writ which he had no right to issue or where he had no jurisdiction.   Big Torts 128.  See Bouviers Law Encyclopedia Rawles 3^rd revision Pg. 1182.

 

Therefore, where a copy of process was left with the jailer as his warrant, he may justify an escape by showing such copy to be on its face void;  he is not bound to look beyond the copy, and the validity of the process itself is not material.   Kidder v. Barker, 18 Vt. 454.

Reference / Source of Law:  John Bouviers “Institutes of American Law Book of Wrongs” # 2338 page 629.

 

One who has been kidnapped or stolen away, “or” a freeman who has been taken by robbers and reduced to slavery is not a slave. Reference /Source of Law:  John Bouviers Institutes of American Law #165 “Book of Persons” page 37.

 

 

Abdu-l-Rahman Ibrahim Ibn Sori (a.k.a. Abdul-Rahman) was a prince from West Africa who was made a slave via the United States.  After spending 40 years in slavery, he was freed in 1828 by order of President John Quincy Adams and Secretary of State Henry Clay after the Sultan of Morocco requested his release.  He was captured near the Futa Djallon.

 

Definition of Habeas Corpus this writ (Habeas Corpus) is devised for the preservation of liberty to the end that no one shall detain a free person.  The word freeman includes every freeman, infant or adult, male or female, one or many, whether sui juris, or under the power of another.  For we consider this: is the person free? He who does not know that a freeman is detained in his house is not in bad faith; but as soon as he is advised of the fact, he becomes in bad faith. Reference / Source of Law:  John Bouviers Concise encyclopedia of Law Francis Rawles 3^rd revision page 1400 definition of Habeas Corpus.

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Where there is entire Want of Jurisdiction to issue the process for imprisonment, Habeas Corpus is the Proper Remedy and the person need not resort to an appeal.  Reference / Source of Law: In Re: Gribben, 5 Okl. 379, 47 Pac. 1074 ;  John Bouviers Concise Encyclopedia of Law Francis Rawles 3^rd Revision pg. 1403 Definition of Habeas Corpus.

 

 

"In a false imprisonment case, the `injury' suffered by an individual is the illegal confinement itself rather than any detriment occurring after imprisonment...  "One who is wrongfully deprived of freedom sustains an intangible injury, the magnitude of which cannot be measured or assessed in physical terms. Although this injury may, in some cases, also cause psychological or emotional trauma, a victim of false arrest/false imprisonment need not experience such trauma to have a legally compensable claim. Delacruz v. Borough of Hillsdale, 838 A. 2d 498 - NJ: Appellate Div. 2004.

 

The infraction of personal liberty has ever been regarded as one of the greatest personal injuries. The injuries to personal liberty are malicious prosecutions or arrests, and false imprisonment.  Reference / Source of Law:  John Bouviers Institutes of American Law excerpt from #2275 page # 613.

 

John Bouviers Institutes of American Law excerpt from #208 Chapter 3 page 51:  Personal Liberty is the independence in our actions of all other will than our own; it consist in the power of locomotion, of changing situation, of removing one’s person to whatever place ones inclination may direct without restraint or imprisonment …This right is protected by law.

 

To protect the personal liberty of the citizen from “unlawful arrests”, it is the law that no person can be imprisoned for an “alleged crime”, unless upon oath of some competent witness.  Connor v commonwealth, 3 Binn. Penn 38; Russell, Cr. 512;  American Constitution Amendment 4 and 5;  and the warrant of commitment must be in writing, under the hand of a competent magistrate; it must express the cause of commitment, and show by what authority the prisoner is committed. Reference / Source of Law:  John Bouviers Institutes of American Law excerpt from #210 page 51.

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Elizabeth Freeman (Mum Bett)

 

 
Elizabeth Freeman (c. 1742 – December 28, 1829), in early life known as Bett and later Mum Bett, was among the first Moors enslaved via Massachusetts to file a "freedom suit" and win in court under the 1780 Constitution, with a ruling that slavery was illegal.  Her county court case, 'Brom and Bett v. Ashley', decided in August 1781, (The American Republic Constitution was not ratified at this time), was cited as a precedent in the Massachusetts Supreme Judicial Court appellate review of Quock Walker's "freedom suit".  When the Massachusetts state supreme Court upheld Walker's freedom under the Constitution, the ruling was considered to have implicitly ended slavery for the STATE OF MASSACHUSETTS.

 

 

 

 

 

Robert Lumpkin’s Slave Jail

 

 

Robert Lumpkins Slave Jail” was known as “the devils half acre”, located on American Territory of which is called in a quasi fashion “RICHMOND VIRGINIA.”

 

“RICHMOND VIRGINIA” was the nerve center for so called slave trading which in fact and truth is “Human Trafficking”, and boasted as the largest running operation outside of so called NEW ORLEANS.

 

“Robert Lumpkin” made a transaction for approximately 6,000.00 dollars November 27,  1844 Gregorian Calendar, to acquire an establishment of which was already in operation as a holding facility for so called slaves.

 

However, when Robert Lumpkin took possession the extremities of the re-establishment increased.  There were four other lots on what was called ‘wall street’, which is now called 15^th Street, that contained what they call “slave Jails”;  the area was collectively called “Lumpkins alley.”

The Jail was situated along “Shockoe Creek” and featured barred windows, high fences, chained gates opening to rutted streets. I will omit details of the other extremities leaving it to the reader to research. However, I trust the reader can imagine the conditions of being Kidnapped, and placed with a multitude of people with no bathroom and no access to the outside world except through a small window.

 

 

 

So-named Anthony Burns

 

 

A portrait of the so called “fugitive slave Anthony Burns”, whose arrest and trial under the Fugitive Slave Act of 1850 touched off riots and protests by abolitionists and citizens of Boston in the spring of 1854 Gregorian Calendar.  A bust portrait of the twenty-four-year-old so-named Burns, drawn by Barry from a daguereotype by “Whipple and Black", is surrounded by scenes from his life.

 

Burns was a captive in Lumpkins Jail.  At the age of nineteen, in 1853 he escaped “slavery” from Richmond, traveling by ship to Boston in the free state of Massachusetts.  In Boston he worked for a pie company and for a man named "Coffin Pitts, a clothing dealer,  No.36 Brattle Street."

 

President Franklin Pierce was determined to turn over a so called “escaped slave”.  He set his sight on turning over the Moor called “Anthony Burns” from Boston - a center of abolitionist activity – to Quasi National Virginia in order to show southern politicians that northern “Quasi National Domiciles” would enforce the “Fugitive Slave Act”, a key provision of the Compromise of 1850. (Post American Republic Constitution ratification 1791.)

 

However, all Europeans were not for “slavery” whereas “The fugitive slave act” was fiercely resisted near Boston, the Anthony Burns case attracted national publicity, large demonstrations, protests and an attack on US Marshals at the courthouse.

 

So-named “Anthony Burns” was basically kidnapped near Boston, while walking down “Court  Street”.  Some Abolitionist were outraged due to the Enforcement of the Unlawful /Unconstitutional “Fugitive Slave Act 1850”.

 

On May 26 1854 before so called Burns court case near Boston a crowd of both Moors and Europeans including “Thomas Wentworth Higgins” and others stormed the courthouse to free so-named Burns.   Moors and Europeans efforts were in conjunction.

 

In the mist of the attempt of Moors and Europeans to free Burns, a deputy U.S. Marshall named “James Batchelder” (1830–1854), was fatally stabbed.  James Batchelder was the second U.S. Marshall to be expired in the so-called “line of duty.”  A grand Jury indicted 3 of those involved with the attack at the courthouse.  After an acquittal of one man and several hung juries in trials for the others, the federal government dropped the charges!  Reference:  Steven E. Barkan (Oct 1983).  "Jury Nullification in Political Trials" 31 (1). Social Problems. pp. 28–44).

 

Where a person who is not vested by law, with authority to make an arrest, attempts to do so, he acts as a private citizen, and one who opposes him therein is not guilty of opposing an officer; U.S. v. Baird, 48 Fed.554 John Bouviers concise encyclopedia of law Francis Rawles 3^rd revision  page 2397.

 

The Right of self-defense, extends to injuries committed against the limbs and the body of a man, and the aggressor may even be killed, if the person attacked has no other means of saving himself.  Reference / Source of Law:  John Bouviers Institutes of American Law excerpt from #204 Page 50.

 

The accused may demur to the complaint when

it shall appear upon the face thereof either as follows:

 

1.)  That the court has no jurisdiction of the person of the defendant / accused;  or of the subject of  the action; or

2.)  The plaintiff has no legal capacity to sue;  or

3.)  There is another cause of action pending between the same parties for the same cause; or

4.)  There is a defect of parties, plaintiff or defendant; (emphasis on the nom de guerre );  or

5.)  Several ‘causes of action’ have been improperly united;  or

6.) The complaint does not state facts sufficient to constitute a cause of action.

Reference / Source  of Law:   John Bouviers Institutes of American Law #3270 sub section 144 (122).

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