The Washington State Constitutional Fraud
For over 111 years, it had been barely known that there are
actually two Constitutions in the history of the State of Washington. The first
was ratified [1] by the people of the Territory of Washington on
November 5th in 1878 [2] This constitution was properly signed and promptly entered into the public record. On January
28th, 1889, the 1878 constitution was presented to the United States Senate for
inclusion into the union and printed in the federal register.
There was about a 10 year span between when the 1878
Constitution was presented to the Federal government for joining the union and
when it was actually accepted into the union in February 22nd, 1889 [3] This delay was caused by a
democratically controlled congress that didn't want republican states like
Washington in the union.
A strange thing happend on the way to acceptance
however.
On January 24th, 1889, more than 10 years after the first
constitution was presented to the union and printed for approval, a Mr. H. C.
Wilmarth of the committee for the Admission to the United States wrote to
the Washington Territorial Governor, Eugene Semple, urgently requesting that he
call for a constitutional convention to create another state
constitution. This was done because there wasn't time to have the legislature
call for one because they wouldn't be lawfully meeting again until
after congress would have passed the enabling act. Mr. Wilmarth was
desperately trying to meet a timetable.
Newspaper articles and correspondence of the day show
discussions between Mr. Metcalf, the Attorney General, and Mr. Semple, the
Governor concerning whether or not the Governor could lawfully call a
constitutional convention by executive proclimation. Mr. Metcalf argued that
this clearly could not be done because the executive doesn't represent the
people and thus cannot have this power.
Nevertheless, Mr. Wilmarth and friends had their convention.
It began, conveniently on the centenial of the United States Constitution, July
4, 1889 in Olympia, Washington despite the fact that it was never lawfully
called for.
On that very same night, July 4, 1889, a huge fire in
Ellensburgh wiped out the heart of the city. Ellensburgh was the site of the
Statehood convention on January 3rd, 1889 where anxious delegates gave authority
to Mr. Voorhees to get Washington accepted under the 1878 constitution. Now that
a Republican President, Benjaman Harrison, had been elected, it seemed everyone
was ready to get the ball rolling again.
In March of 1888, Walla Walla had a similar fire. Walla
Walla was the site of the original constitution and was the place where many of
the records about that constitution were stored. On June 4th, 1889, Seattle had
another similar fire. In all these fires, critical historical records
were destroyed. In all these fires, mysterious things happened, such as
the failure of critical water systems, making it impossible to save the public
records of the day. By August 22nd, 1889, the second constitution was completed
in Olympia.
Finally, 11 years after the second convention was completed,
the 1889 constitution was filed into the public record around 1900,
illegally substituted for the previous constitution. There was never
any record of this constitution being ratified by an election of the people. The
filed Journal of the 1889 convention copy shows all 75 of the signatures were written in the same
handwriting!
At the state archives you can find another original
of the 1889 constitution writtin in a completely different hand bound in
folios with a blank second page of a 2 page folio bound between the final page
of the constitution and the signature page which begins a separate 4 page folio!
Finally, in 1957, the RCW created a volume 0 and published
the 1889 constitution and this has been used as the
official constitution of the state ever since.
So...
Not only has a fraudulant constitution been
passed off as the real one, but the two constitutions differ in some significant
ways. The older one guaranteed allodial land title to its inhabitants. That
means that it prohibited property taxes and other leins on our property. It also
prohibited any person, or association of persons, from occupying more that one
branch of the government at the same time. These key protections for the people
are not in the 1889 constitution. Both constitutions are quite similar in most
respects but the order of the 1889 one is completely different than the 1878
one. It is as if some minor fixes were wanted but not in a way that anyone
would notice.
Discovery
Earlier this year (2000) legal scholars
learned of these little known facts and are continuing to investigate the
matter. Mr. David Carrol Stephenson, and Mr. Kenneth Wayne, both recognized
international lawyers, began to take steps to correct this problem.
Action
On September 18th, 2000, Mr. David Carroll
Stephenson of American Business Law Inc. published all the evidence known at
that time publicly in the Olympian newspaper and sent legal proof [4] and an affidavit [4] packet to all high ranking state government
officials and many state agencies asking for any information they might have
that would controvert the published evidence. All responses received were
negative. No one seemed to have any evidence that might prove that the 1889 was
a legitimate constitution or that the 1878 one was not the lawful Constitution
of the State of Washington, and the only on eon file in Washington D.C.,
granting Washington Statehood.
Reaction
Mr. Stephenson was then placed in jail
for the crime of being a danger to the State of Washington. This appears to have
been an attempt to prevent Mr. Stephenson from carrying out legal action against
the State to force correction of this problem.
Counter Action
Mr. Wayne, however, was not
incarcerated and proceeded to file a lawsuit
against the state for $380 Billion in damages on November 7th, 2000.
Related Action
During the election crisis, Mr.
Wayne saw an opportunity to bring the Washington State constitutional issue to
the attention of the Supreme Court of the United States by issuing an Amicus
Motion and Brief pointing out some obvious constitutional issues
that should clear up the election problems.
Actions to come
The ball is rolling. Who knows
what effect these actions will have. The commercial lein should begin to be felt
in the state early in 2001. Mr. Stephenson and Mr. Wayne are giving the state an
ultimatum. They are determined to get this straightened out and to put We
the People back in charge of our government.
What will you do to help?
Notes:
The 1878 ratification election results can be found on file at the
Washington State Archives. back
The convention for the creation of this constitution was completed on August
3rd, 1878 in Walla Walla, Washington and the federal congressional record
recognizes the delegates to this convention by name. See the p. 644, of the
April 12, 1879 issue of the Congressional Record. back
See Volume 0 of the RCW, p. 19 (1992 Ed.) where you will find a copy of the
enabling act that congress passed to admit Washington to the union. back
This is in PDF format. Click here to
download a reader. back
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