61:, has persisted, asserting that Texas remains an independent nation and that American actions in the American Civil War have resulted in an illegal military occupation of Texas. The debate is considered by some to resemble academic discourse being argued by several other activist groups in the United States, most notably arguments over the
252:
international organs and agencies. It follows that neither the Court nor its
Members can consider applications from private individuals, or other entities, or provide them with legal advice, or assist them in their relations with the authorities in any country. As a result, no action will be taken on your letter.
271:
McLaren was ultimately unsuccessful in his effort. He filed in the United States
District Court for the District of Columbia, which stated in its decision on April 30, 1998, "Despite plaintiffs' argument ... n 1845, Texas became the 28th state of the United States of America. The Republic of Texas no
180:
In 1869, the
Supreme Court ruled that secession of Texas from the United States was illegal. The court wrote, "The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States." The court did allow some possibility of the divisibility "through revolution,
109:
On
February 1, 1861, a special convention in Texas adopted an ordinance of secession repealing the ordinance of annexation and seceding from the United States (by 95% vote, 166 to 8), and on February 7, the Legislature ordered a public referendum to be held on the ordinance under the direction of the
196:
Annexation via a joint resolution of
Congress is legal. The Supreme Court wrote, "A treaty made by that power is said to be the supreme law of the land, as efficacious as an act of Congress; and, if subsequent and inconsistent with an act of Congress, repeals it. This must be granted, and also that
266:
Hardly a day passes without the
Registry receiving written or oral applications from private persons. However heart-rending, however well-founded, such applications may be, the ICJ is unable to entertain them and a standard reply is always sent: 'Under Article 34 of the Statute, only States may be
129:
as the provisional civilian governor of the state and directed him to convene a constitutional convention restricted to loyal
Americans. On March 15, 1866, the convention enacted an ordinance repealing the ordinance of secession. A referendum was held on June 25, 1866, pursuant to the laws then in
41:
Due to Texas's unique history, United States sovereignty over Texas has been disputed at times. Adherents of secessionist movements claim that
American sovereignty is illegal, although this viewpoint is not widely held. Disputes over the legal status of Texas have revolved around key issues that
212:
status under certain interpretations of international law, a focal point of modern assertions regarding alternate viewpoints on Texas' established legal status as a state of the United States of
America. These arguments are illustrated in legal actions brought by proponents of these viewpoints.
251:
I have to inform you, however, that the function of the
International Court of Justice is confined to the settling, in accordance with international law, of legal disputes submitted to it by States, and to the rendering of advisory opinions on legal questions referred to it by duly authorized
233:
on a probation warrant, on the grounds that he was a citizen of the Republic of Texas. He claimed that the sliver of land which contains Aspen was a part of the original Republic of Texas and, as such, he was not a citizen of the United States. His claim was rejected by the courts.
93:' calling of a convention to be held on July 4, 1845. A Texas convention debated the annexation offer and almost unanimously passed an ordinance assenting to it on July 4, 1845. The convention debated through August 28, and adopted the
258:
A descriptive handbook published in 2004 by the International Court of Justice states that "Only States may be parties to cases before the Court" and the Court will only decide disputes which are "submitted to it by States."
197:
one of the ordinary incidents of a treaty is the cession of territory, and that the territory thus acquired is acquired as absolutely as if the annexation were made, as in the case of Texas and Hawaii, by an act of Congress."
80:
On March 1, 1845, the US enacted a congressional joint resolution proposing the annexation of Texas to the United States (Joint Resolution for annexing Texas to the United States, J.Res. 8, enacted March 1, 1845,
97:
on August 27, 1845. On December 29, 1845, the United States admitted the State of Texas to the Union (Joint Resolution for the admission of the state of Texas into the Union, J.Res. 1, enacted December 29, 1845,
161:
The political status of Texas has been questioned legally at various times subsequent to its re-admittance to the Union. Two landmark Supreme Court decisions set the prevailing precedent on the status of Texas.
131:
246:
in The Hague, The Netherlands, by Richard L. McLaren asking that the Republic of Texas be declared to still exist. The clerk at the International Court of Justice declined to file the case and replied
19:
738:
34:
as a political entity. While Texas has been part of various political entities throughout its history, including 10 years during 1836–1846 as the independent
77:
Prior to the revolution that resulted in the creation of the Republic of Texas in 1836, the area now included in the State of Texas was part of Mexico.
153:
that the secession had been illegal, that the Union was insoluble by actions of a state, and that states therefore did not have the right to secede.
110:
convention. On February 23, 1861, citizens of Texas voted overwhelmingly to secede from the United States, by 75% as 46,153 to 14,747. During the
694:
Brock, R. (1997). The Republic of Texas is No More: An Answer to the Claim that Texas was Unconstitutionally Annexed to the United States. 28
711:
509:
464:
389:
We Won't Be Fooled Again: Teaching Critical Thinking via Evaluation of Hoax and Historical Revisionist Websites in a Library Credit Course
42:
include, but are not limited to, the legitimacy of its re-admittance to the Union following the Civil War, differing viewpoints over its
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69:. The situation most closely resembles that of Hawaii, as Hawaii was also annexed via a Joint Resolution of Congress.
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515:
470:
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An Act to provide for submitting the Ordinance of Secession to a vote of the People, approved February 7, 1861.
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force on March 29, for the ratification of the amendments proposed by the convention. In March 1867 under the
669:
663:
237:
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An Act to admit the State of Texas to Representation in the Congress of the United States. March 30, 1870
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Presidential Proclamation Declaring a State of Peace Between Texas and the United States, August 20, 1866
172:
596:
An Act to provide for the more efficient Government of the Rebel States, enacted March 2, 1867, 14
114:, Texas was invaded by Union troops many times including the final major clash of the war which was the
832:
303:
89:). On June 23, 1845, the Texan Congress accepted the US Congress's joint resolution, and consented to
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international standing, and perceived discrepancies between its original and current boundaries.
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Richard McLaren: Petition to the International Court of Justice and in U.S. District Court
8:
135:
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405:
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Regarding these types of petitions, the International Court of Justice handbook states:
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807:
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111:
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United States Army, First Battalion, First Infantry Regiment soldiers in Texas in 1861.
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This section deals primarily with modern theoretical arguments regarding Texas'
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38:, the current legal status is as a state of the United States of America.
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Regardless, a minority viewpoint, as expressed by some factions such as
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Joint Resolution for Annexing Texas to the United States, March 1, 1845
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The Untied States of America: Polarization, Fracturing, and Our Future
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86:
18:
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44:
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395:. Volume 15, 2008 (1/2): 211–230. published online: 11 Oct 2008.
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31:
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444:
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Presidential Proclamation No. 42, 17 June 1865, 13
566:
780:
Terrorism Knowledge Base profile of Republic of Texas
712:"International Court of Justice : Fifth Edition"
640:
Creating New States: Theory and Practice of Secession
808:
RoT declaration filed with the Swiss Federal Council
221:In January 2004, Timothy Paul Kootenay, in jail in
511:Journal of the Secession Convention of Texas 1861
819:
753:Republic of Texas independence movement websites
432:
387:Mathson, S and Lorenzen, M.G. (5 Nov 2007). "
132:More Efficient Government of the Rebel States
803:RoT statement to US District Court in Austin
149:In February 1869 the Supreme Court ruled in
813:RoT cease fire against the state government
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706:
704:
797:Texas convention pro-continuation of 1861
681:Sheperd, (January 21, 2004). Weird News.
229:had no jurisdiction to extradite him to
17:
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242:In 1995, a petition was filed with the
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142:was appointed military governor of the
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450:
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737:, 2 F. Supp. 2d 48 (D.D.C. 1998), at
735:McLaren v. United States Incorporated
508:Winkler, Ernest William, ed. (1912).
486:
484:
462:
438:
393:College and Undergraduate Libraries
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267:parties in cases before the Court.'
134:established under the first of the
13:
646:, Ashgate Publishing, Ltd., 2007,
638:Aleksandar Pavković, Peter Radan,
481:
428:. Vol. 2. pp. 1225–1227.
181:or through consent of the States."
95:Constitution of the State of Texas
14:
844:
747:
516:University of Texas School of Law
471:University of Texas School of Law
138:, by General Orders No. 10, Gen.
309:Dominion of British West Florida
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466:Debates of the Texas Convention
339:Texas in the American Civil War
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244:International Court of Justice
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670:Cornell University Law School
539:The Laws of Texas, 1822–1897
425:The Laws of Texas, 1822–1897
225:, claimed that the state of
121:On June 17, 1865, President
7:
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173:United States Supreme Court
10:
849:
304:Alaskan Independence Party
72:
672:Supreme Court collection.
544:University of North Texas
344:Texas secession movements
334:Republic of Texas (group)
59:Republic of Texas (group)
668:, 74 U.S. 700 (1869) at
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157:Historical legal actions
498:Online. paragraphs 7–9.
144:Fifth Military District
127:Andrew Jackson Hamilton
116:Battle of Palmito Ranch
717:. 2004. Archived from
463:Weeks, Wm. F. (1846).
329:Legal status of Hawaii
324:Legal status of Alaska
269:
254:
118:, on May 12–13, 1865.
67:legal status of Alaska
63:legal status of Hawaii
23:
764:republic-of-texas.net
696:Texas Tech Law Review
453:, pp. 1228–1230.
264:
249:
28:legal status of Texas
21:
371:. Crown Publishing,
202:Recent legal actions
683:The Anchorage Press
587:, pp. 888–895.
546:. pp. 347–348.
406:"Republic of Texas"
191:, 182 U.S. 1 (1901)
136:Reconstruction Acts
30:is the standing of
613:General Orders: 10
349:Tribal sovereignty
112:American Civil War
24:
833:Politics of Texas
786:Republic of Texas
769:texasrepublic.com
759:Republic of Texas
652:978-0-7546-7163-3
496:Handbook of Texas
188:DeLima v. Bidwell
36:Republic of Texas
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686:
685:, Vol. 13, Ed. 2
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626:"Texas V. White"
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615:, March 11, 1867
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518:. Archived from
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272:longer exists."
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788:(archived from
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223:Aspen, Colorado
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140:Philip Sheridan
91:President Jones
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11:
5:
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792:on 2007-09-30)
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748:External links
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724:on 2007-01-09.
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665:Texas v. White
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575:, p. 887.
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536:, ed. (1898).
534:Gammel, H.P.N.
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477:on 2016-02-06.
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451:Gammel 1898
313:micronation
822:Categories
526:2016-01-08
439:Weeks 1846
231:California
125:appointed
828:Texas law
492:Secession
422:(1898).
298:See also
227:Colorado
175:, (1869)
65:and the
45:de facto
209:de jure
98:9
81:5
73:History
51:de jure
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85:
722:(PDF)
715:(PDF)
642:, p.
598:Stat.
558:Stat.
355:Notes
100:Stat.
83:Stat.
32:Texas
698:679.
648:ISBN
373:ISBN
48:and
26:The
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311:(
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