A Fractionalized Nation: “Three-fifths of a Race By Alton H Maddox, Jr. (“Attorney-at-War”) No sane person would argue that this is not a fractionalized nation. The basis for this fraction must be found it the U.S. Constitution. When this nation enslaved the “Chosen People” it also guaranteed its own fate. Persons of African ancestry would become this nation’s “poison pill.” The applicable provision of the U.S. Constitution is Art. 1, sec. 2 which is a constitutional fraud because it enhanced the political representation of enslaved Africans in Congress by making slaveholders the “political beneficiaries” and allowing enslaved Africans only to be the “political pawns.” William Lloyd Garrison, an abolitionist, argued that this compromise, inter alia, over slavery promoted a “covenant with death” and an “agreement with Hell.” The battles that are taking place in St. Louis County, and most notably in Ferguson, MO, should be called “Dred Scott’s Revenge” not only because of Scott v. Sandford but also because of the Missouri Compromise of 1820. Congress was tilted toward the slave states because of the Three-fifths Compromise. Thus, Missouri would be admitted as a “slave state” while Massachusetts would be divided and Maine would be admitted as a “free state.” It should be of considerable interest that Missouri would be paired with Maine. While no Black lawyer was admitted to practice law in Missouri until 1871, Maine had admitted the first Black lawyer in the United States in 1844. Macon B. Allen enjoyed that honor. John H. Johnson would be admitted to the Supreme Court of Missouri in December 1871. Moving from Mississippi to Missouri was like jumping from the skillet into the fire. Any Black lawyer who sought to defend a Black person for the murder of a white person was playing Russian roulette. Many Black lawyers had to run out of courthouses like O.J. Simpson ran through an airport. If apprehended by a white mob, they had to demonstrate the boxing skills of Joe Louis. Thomas Jefferson acknowledged a permanent, geographical split in the United States. Growth was balanced. For the next quarter of a century, only Arkansas and Michigan would be admitted as a pair to maintain the balance. Arkansas was admitted in 1836 as a “slave state” and Michigan was admitted in 1837 as a “free state.” Education in Missouri was rigidly segregated. Charles Hamilton Houston sought to dismantle segregation in education not by attacking early childhood education but by attacking segregation in graduate schools. Missouri would pay stipends to Blacks in Missouri who sought to obtain a graduate school education in a free state. Missouri ex rel. Gaines v. Canada was Charles Hamilton Houstons test case in dismantling Plessy v. Ferguson. He filed a writ of mandamus to compel Gaines admission to the University of Missouri Law School. The law school denied his application. The U.S. Supreme Court ordered Gaines admission. Unfortunately, Gaines vanished. He was never seen alive again. Given this history, it would seem that the University of Missouri would be the target today. With the Congressional Black Caucus and the NAACP taking the lead, all Black athletes and their parents should be encouraged to stay clear of the University of Missouri which recently gained entrance in the lucrative SEC. To embolden this approach, the St. Louis-based Anheuser-Busch Companies, LLC is at the top of sports advertising. In 1854, Congress would repeal the Missouri Compromise by opening up Kansas and Missouri to slavery under the doctrine of popular sovereignty. Previously, there was the Compromise of 1850 which maintained the Compromise of 1820 except for an upward turn in the Utah territory and a downward turn in the California territory. There was also the Fugitive Slave Act of 1850. To offset “Slave Power,” immigration became an ally of the North because of Ireland’s Great Famine (1845-52) and European repression. The Irish would populate cities in the Northeast while Germans would seek residency in the western prairies. Non-slave states would see a steady rise in their populations. Southerners had sought the admission of Texas as a slave state to balance this expansion. While immigration may have helped white Europeans, the issue was and still is a liability to free Blacks. Chief Justice Roger Taney of the U.S. Supreme Court ruled in Dred Scott that any progeny of an “imported person” under Art. 1 sec. 9 of the U.S. Constitution could never be a citizen of the United States. Thus, President Barack Obama is willing to take executive action for Latinos on immigration but not for descendants of enslaved Africans against state-sponsored death squads. At the moment, it is undisputed that this nation is divided into red states and blue states but there will, inevitably, be change but it will eventually merge into all red states. This will be the “boiling point” for Blacks. This northward movement will allow for a more perfect Union. In the meantime, it is a mathematical problem. This problem arises in defining the numerator and the denominator. The initial question is the assignment of the denominator. The election returns from the 2014 General Election show that the Confederate States of America (CSA) is the denominator and the United States of America (USA) is the numerator. This means that the flag of the USA is the numerator and the flag of the CSA is the denominator. The “Star Spangled Banner” is the numerator and “Dixie” is the denominator. The Constitution of the CSA is the denominator and the Constitution of the USA is the numerator. Marbury v. Madison is the numerator and Scott v. Sanford is the denominator. Although the North had won the Civil War, hands down, the South would remove defeat from the jaws of victory. This happened after the disputed presidential election of 1876 between Rutherford Hayes and Samuel Tilden. Justice Joseph Bradley of the U.S. Supreme Court would, through a series of cases in the “High Court,” deliver victory to the South. It is known as the Compromise of 1877. Visit WWW.REINSTATEALTONMADDOX.COM for my political and legal writings. IMPORTANT NOTICE For more than two decades, several thousand persons have received my invaluable, writings on politics, law and military science, free of any cost, even though the fixed costs to publish them including research, writing, editing and publishing have exceeded over Twenty-five Hundred Dollars monthly. There is also now a need to upgrade equipment, legal literature and software and to resume the practice of law as the private attorney general without “judicial bullying.” “Freedom is not free.” No one should ride the back of another person. This is an accounting principle. Make contributions for a free and educational press and for a legal defense fund for the U.S. Supreme Court only to: Friends of Alton Maddox P.O. Box 35 Bronx, NY 10471
Posted on: Sun, 16 Nov 2014 00:06:32 +0000
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