In The United States District Court
For the Eastern District of Texas
Beaumont Division
Louis Charles Hamilton II
(Negro African American)
Plaintiff
And All other African (Negroes)
Americans in and for
The United States of America
Plaintiff(s)
Vs.
United States of America,
Defendant
And
Vs.
President Andrew Johnson,
President Rutherford B. Hayes
Co-Defendant
Complaint and Jury Demand
1.
Comes now the Plaintiff Louis Charles Hamilton II, appearing Pro Se
The above name male, a descendant from a past legacy of forced “Slavery and Servitude” wrongfully committed against the Plaintiffs family descendants,
2.
Primarily because of being a member of a race that being of (Negro) origin, (now considered politically correct within this time frame) a “Black African American male” within the United States of America
And all other (Negroes) Black African Americans in and for the “Entire United States of America,”
3.
To include but not limited to “all other fleeing” (Negroes) Black African Americans Plaintiff(s) to other countries abroad, namely “Canada” whom also may be entitled to the same cause(s) now being filed and complained of before the above entitled Honorable Court;
4.
With other said (Negroes) Blacks African Americans Plaintiff(s) having “legal proof” in providing for said compensatory support made in all provisions claims made herein for a “suffered Heritage being that of “Negroes African American” fleeing from the “United States of America” whom also may being justly entitled to the provisions respectfully sought herein.
5.
For each described said Plaintiff(s) “rightful full relief” for all of the ungodly, wrongful, extreme and outrageous, conducts committed by all described Defendants collectively herein,
Being both the “direct and indirect” causes for all of the described above-mention Plaintiff(s) causes for having to wrongfully suffered, endured in the casualty of
“Plaintiffs major Losses” of “past family descendants due to “wrongful deaths” in a manner involving violence’s of murder, hanging(s),
6.
With further cruel actions involving hostile intimidations, threats, beatings & whippings, and other forms of direct and indirect cause of wrongful force at the hands of the said Defendant(s) described herein to force Plaintiffs family descendants into the wrongful usage for monetary gain through “slavery and servitude”.
To include but not limited to other causes of direct wrongful “physical and mental” factors from enslavements, being that primarily Plaintiffs was a slave with a result in losses in a normal life,
7.
Losses in peaceful freedom in everyday choice, losses in dignity in the pursuit of equal liberty as a Negro American within the United States of America.
All of which said peaceful rights in choice, peace, and freedom having already been established for all other first class citizens within the United States of America under the Constitution instituted for all first class citizens.
Denied living with dignity, respect, and freedom as other national origins of classes enjoyed and continue to enjoy within the United States of America as present”,
8.
With Defendant(s) The United States of America “systematic” continual as of this undersign date exercise continual wrongful conduct of “pattern(s) and practices” in the rightful returning of the Plaintiff peaceful “Heritage that of (Negroes) to a rightful official standing place as that of a first class citizens within the United States of America
9.
And all of the Plaintiff's entire Family descendants both past and present with all other Negroes similarly the same promptly obtain just monetary compensation being finally, fully and completely render to all of the Plaintiff(s) for all of the causes thereof both past and present.
And for cause the Plaintiff will show the following:
10.
Factual background
The Plaintiff and Plaintiff(s) will show the Honorable Court that Slavery in some form or another existed in America.
The Plaintiff and Plaintiff(s) maintain and will show the Honorable Court that the English Colonies did establish two forms of slavery that were legal: Indentured Servitude (where an individual was put in bondage to pay a debt such as the cost of transport to the new world and at the end of the agreed term the individual was freed from bondage).
11.
The Plaintiff and Plaintiff(s) aver that Indentured Servants were treated as badly as chattel slaves while in the period of bondage per their contract.
Indentured Servants system of bondage was not based on race and it appears originally among the lower classes that Indentured Servants belonged to all racial groups were represented and shared in common bondage together.
12.
It also was apparent that with the growth of Mulattoes (bi-racial off spring) that the races mixed with no animosity.
Indentured Servants were oftentimes recruited much the same way for both black and white through a series of kidnappings.
White Indentured Servants were often kidnapped off the streets of London by Sea Captains who took them to the colonies where they were sold for indentured services.
Blacks were kidnapped from their villages and sold at first as indentured servants in the English Colonies.
13.
The Plaintiff and Plaintiff(s) respectfully assert to the Honorable Court that during the early 1700's due to economic considerations a transition concerning Indentured and Chattel Slavery took place.
The Plaintiff and Plaintiff(s) maintain that with the growth of Plantations, a form of commercial farming that required labor intensive work, the plantation owners required cheap labor and through political pressure defined and established “Chattel Slavery.”
14.
Furthermore the Plaintiff and Plaintiff(s) respectfully assert that some of the laws were enacted were due to slave rebellions (with both black and white indentured servants participating) which caused the colonies to write a more definitive series of law defining slavery and removing of rights previously held.
The Plaintiff and Plaintiff(s) will show the Honorable Court that laws were enacted that made interracial marriage illegal for the dubious purpose of driving a wedge between the races who previously worked together in harmony and to establish a racial bias setting among poor whites.
15.
The Plaintiff and Plaintiff(s) aver that the laws established that “Negroes” a/k/a Black African Americans were fully identified as slaves and property herein referred to as “Chattel”.
Plaintiff and Plaintiff(s) respectfully asserts that the Slave codes were put into force creating the brutal conditions of “Chattel Slavery”.
With the growth of “Chattel Slavery” came the introduction of “race based slavery” and the development a racist caste system which were promoted primarily by the aristocratic elements of society.
16.
The Plaintiff and Plaintiff(s) will show the Honorable Court that for the Aristocrat (White) class the introduction of a racial components to the slavery provided the advantage that (Negroes) A/K/A Black Africans could be readily identified and could not escape and blend into the surrounding populations as easily as white who could escape and blend into white communities and Indian indentured servants who could escape and blend into tribes nearby.
17.
The Plaintiff and Plaintiff(s) maintain that (Negroes) Blacks had nowhere to escape, no authority to appeal to (especially after the laws were changed), and what little rights they had eroded.
18.
The Plaintiff and Plaintiff(s) will show the Honorable Court that with the evolution of “Chattel Slavery” (Negroes) Black Africans went from a system that had some rights and legal recourse to a system that virtually stripped them of all rights.
19.
The Plaintiff and Plaintiff(s) assert and will show the Honorable Court that Economics was the driving force for the change from Indentured Servants to Chattel Slavery.
Furthermore, Economics also played a role in the change of laws dealing with slavery between Northern Colonies and later the Northern States.
20.
Plaintiff and Plaintiff(s) assert that the crops grown in the North and industrialization did not require large labor gangs that the plantations required in the South.
21.
Plaintiff and Plaintiff(s) assert that slavery was abolished in the Northern Colonies/States between the years of 1774 through 1804(Vermont 1777, Pennsylvania 1780, Massachusetts 1780, New Hampshire 1783, Connecticut 1784, Rhodes Island 1784, New York 1799 and New Jersey 1804).
22.
The Plaintiff and Plaintiff(s) will show the Honorable Court that the development of differing forms of economies between the north and the south was to set the stage for interregional strife even from the very birth of the nation.
23.
The Declaration of Independence and Constitution had problems with Slavery.
24.
The Plaintiff and Plaintiff(s) Assert and will show the Honorable Court that the Declaration of Independence as written by Thomas Jefferson was changed by the Continental Congress removing the last grievance which condemned the King for allowing slavery and Slave trade to continue and offering freedom for slaves who would fight for the crown.
25.
The Plaintiff and Plaintiff(s) maintains and will show the Honorable Court that the above mentioned grievance was removed to avoid a lengthy debate on slavery and to assure that the Defendants (The United States of America) Southern Colonies/States join in the War for Independence efforts.
26.
The Plaintiff and Plaintiff(s) assert that the compromises with Southern Colonies and later Defendants (States) that permitted slavery to continue did perpetuate and allowed the Killing, abuse, beatings, and rape of the Plaintiff and Plaintiffs (Negroes) Black African Americans past descendants by Rich White Southern Plantation owners.
27.
The Plaintiff and Plaintiff(s) maintain the that the language of the Declaration of Independence “that all men were created equal” meant just that and was perverted by White Southern Politicians with the removal of the last grievance.
28.
The Plaintiff and Plaintiff(s) assert that when the Articles of Confederation were deemed ineffective and a new Constitution was considered that the Southern Politicians did everything in their power to maintain their vile and “Peculiar System”.
29.
The Plaintiff and Plaintiff(s) will show the Honorable Court that the Founding Fathers in 1789 again compromised with the Southern White Plantation Owners by adding the 3/5 Section that deals with the counting of slaves as 3/5 of a person for tax and Representative allocations to the House of Representatives.
30.
The Plaintiff and Plaintiff(s) aver that the Founding Fathers did not use the term slave when writing the Constitution and did consider the (Negroes) Black African-Americans to be persons and not property.
31.
The Plaintiff and Plaintiff(s) further assert that the founding fathers (specifically the delegates to the Constitutional Convention also known as the Framers of the Constitution) purposely did not use the term slave in the clause dealing with Fugitive Slaves but again referring to slaves as Persons.
32.
The Plaintiff and Plaintiff(s) assert that the compromises made with the Rich White Southern Plantation Owners granted Southern Defendants more political power to maintain and perpetuate the chattel slave system along with the murder, beatings, rapes, and non consensual medical experimentations.
33.
The Plaintiff and Plaintiff(s) avers that the Defendants (the United States of America) did from its very conception conspire to enslave a whole race namely the Plaintiff and Plaintiffs (Negroes) Black African-Americans by making compromises with the Rich Southern White Plantation owner.
34.
The Plaintiff and Plaintiff(s) assert that the Defendant (The United States of America) by passing the Fugitive Slave Laws of 1793 which provided for a method of returning escaped slaves and even more vehemently in the Fugitive Law of 1850 which made “good citizens” a/k/a Defendants herein criminals when assisting “escaped slaves” thus supporting the vile institution of chattel slavery and it's abuses.
35.
The Plaintiff and Plaintiff(s) assert that the 1850 Fugitive Law made it possible for Freemen (Negroes) Black African-Americans to be kidnapped and taken to the South to be sold into slavery.
36.
The Plaintiff and Plaintiff(s) assert that the Fugitive Slave Law of 1850 even encouraged the kidnapping of Free (Negroes)Black African-Americans by Paying Commissioners Judges more for the return of escaped slaves than the releasing them, and it made it illegal for Northern States to use a jury to determine the status of the Plaintiff and Plaintiffs (Negro) Black African-American.
37.
The Plaintiff and Plaintiff(s) assert that in response to the reign of terror in the North by Federal Marshals seeking to enforce the dubious law it is estimated that Between 100,000 and 200,000 (Negro) Black African-Americans fled the United States of America to Canada for freedom that the “Land of the Free” would not afford them.
38.
The Plaintiff and Plaintiff(s) aver that the Southern politician were more concerned about maintaining slavery that they were willing to use the Federal Government against other states to protect the Chattel Slavery even at the expense of “States Rights.
39.
The Plaintiff and Plaintiff(s) maintain that the Fugitive Act of 1850 made slavery a nationally sanctioned institution;
Forcing many law abiding (Defendants) to resist the Fugitive Save Law of 1850 making many Northerners willing to participate in the Underground Railroad assisting (Negro) Black African-American to escape to Canada and Mexico with the majority going to Canada.
40.
The Plaintiff and Plaintiff(s) will show the Honorable Court that the Underground Railroad was a justifiable response against the compromises made to appease the South.
41.
The Plaintiff and Plaintiff(s) furthermore assert and will show the Honorable Court that the Defendant (The United States of America) did endorse, promote, and participate in preserving “Chattel Slavery” by enforcing the Fugitive Slave Act of 1850 and by using tax payer monies to pay Commissioners and Marshals to return to the South runaway slaves (some who were never slaves).
42.
The Plaintiff and Plaintiff(s) assert that the Southern Slave Holders were more interested in preserving chattel slavery than the Union.
43.
The Plaintiff and Plaintiff(s) avow that the Election of Abraham Lincoln in 1860 threatened the “Slaveocracy” or the political power and control exerted on the Defendant (The United States of America) by the Southern White Slave Owners.
44.
The Plaintiff and Plaintiff(s) assert that the political compromises made for the benefit of the Southern White Slave Holder to maintain the Defendant (The United States of America) together resulted in a costly war and loss of life.
45.
The Plaintiff and Plaintiff(s) assert and will show the Honorable Court that while the excessive greed and demand for cheap labor (Chattel Slavery) in the South benefited the Defendant (The United States of America) by production of raw materials for export and domestic use the Northern States where manufacturing existed profited from the production of cheaper raw materials from the South because of Chattel Slavery.
46.
The Plaintiff and Plaintiff(s) assert that the Defendants (The United States of America) specifically the North began to abolish slavery when the Lucrative Slave Trade and Triangle was made illegal by the Constitution of the United States of America and the act of Congress ending the slave trade as specified by the time limit set by the Constitution of the United States for slave trade.
47.
The Plaintiff and Plaintiff(s) assert that the election of 1860 with the political division of the Defendants (the United States of America) the electorate elected Abraham Lincoln President not by popular vote but by the Electoral College.
48.
The Plaintiff and Plaintiff(s) will show the Honorable Court that the electorate was split on what to do with “Chattel Slavery” with successes in populous anti-slavery North Eastern states whom had more electoral votes assured that Abraham Lincoln won.
49.
The Plaintiff and Plaintiff(s) aver that Rich White Pro Slave politicians took advantage the heated political environment of the 1860 election and inflamed their Southern constituencies to break up the Union which resulted in a bloody war.
50.
The Plaintiff and Plaintiff(s) assert that one of the solutions for ending “Chattel Slavery” was to reimburse the Slave Holders to free their slaves which was absurd paying the perpetrators of slavery instead of the victims of a hideous, repulsive, and horrific abuse of human beings namely Plaintiff and Plaintiff descendants (Negro) African-Americans.
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