The Law of Nations

BOOK I.

A NationConsidered by Itself

   LOOK UP THE ALIEN TORT CLAIMS ACT28 USC 1350THE SOLUTION TO COLONIZATIONIS INCORPORATIONWHEN YOU ARE INCORPORATED YOU CAN HAVE YOUR OWN SECURITY COMPANIES SECURE YOUR OTHER COMPANIESINCLUDING THE COMPANIES PROPERTYLAND, CARS, HOMESETC

THE LAW OF NATIONS

Introduction.

Idea and General Principles of the Law of Nations.

§ 1. What is meant by the term nation or state.

Nations or States are political bodies, societies of men who have united together and combined their forces, in order to procure their mutual welfare and security.

§ 2. It is a moral person.

Such a society has its own affairs and interests; it deliberates and takes resolutions in common, and it thus becomes a moral person having an understanding and a will peculiar to itself, and susceptible at once of obligations and of rights.

§ 3. Definition of the law of nations.

The object of this work is to establish on a firm basis the obligations and rights of Nations. The Law of Nations is the science of the rights which exist between Nations or States, and of the obligations corresponding to these rights.

It will be seen from this treatise how States, as such, ought to regulate their actions. We shall examine the obligations of a Nation towards itself as well as toward other Nations, and in this way we shall determine the rights resulting from those obligations; for since a rights is nothing else but the power of doing what is morally possible, that is to say, what is good in itself and conformable to duty, it is clear that right is derived from duty, or passive obligation, from the obligation of acting in this manner. A Nation must therefore understand the nature of its obligations, not only to avoid acting contrary to its duty, but also to obtain therefrom a clear knowledge of its rights, of what it can lawfully exact from other Nations.

§ 4. How nations or states are to be regarded.

Since Nations are composed of men who are by nature free and independent, and who before the establishment of civil society lived together in the state of nature, such Nations or sovereign States must be regarded as so many free persons living together in the state of nature.

Proof can be had from works on the natural law the liberty and independence belong to man by his very nature, and that they can not be taken from him without his consent. Citizens of a State, having yielded them in part to the sovereign, do not enjoy them to their full and absolute extent. But the whole body of the Nation, the State, so long as it has not voluntarily submitted to other men or other Nations, remains absolutely free and independent.

§ 5. To what laws nations are subject.

As men are subject to the law of nature, and as their union in civil society can not exempt them from obligation of observing those laws, since in that union they remain none the less men, the Nation, whose common will is but the outcome of the united wills of the citizens, remains subject to the laws of nature and is bound to respect them in all its undertaking. And since right is derived from obligation, as we have just remarked, a Nation has the same rights that nature gives to men for the fulfillment of their duties.

§ 6. The law of nations origin.

We must therefore apply to nations the rules of the natural law to discover what are their obligations and their rights; hence the Law of Nations is in its origin merely the Law of Nature applied to Nations. Now the just and reasonable application of a rule requires that the application be made in a manner suited to the nature of the subject; but we must not conclude that the Law of Nations is everywhere and at all points the same as the natural law, except for a difference of subjects, so that no other change need be made than to substitute Nations for individuals. A civil society, or a State, is a very different subject from an individual person, and therefore, by virtue of the natural law, very different obligations and rights belong to it in most cases. The same general rule, when applied to two different subjects, can not result in similar principles, nor can a particular rule, however just for one subject, be applicable to a second of a totally different nature. Hence there are many cases in which the natural law does not regulate the relations of States as it would individuals. We must know how to apply it conformably to its subjects; and the art of so applying it, whit a precision founded upon right reason, constitutes of the Law of Nations a distinct science.

§ 7. Definition of necessary law of nations.

We use the term necessary Law of Nations for what law which results from applying the natural law to Nations. It is necessary, because Nations are absolutely bound to observe it. It contains those precepts which the natural dictates to States, and it is no less binding upon them than it is upon individuals. For States are composed of men, their policies are determined by men, and these men are subject to the natural law under whatever capacity they act. This same law is called by Grotius and his followers the internal Law of Nations, inasmuch as it is binding upon the conscience of Nations. Several writers call it the natural Law of Nations.

§ 8. It is not subject to change.

Since, therefore, the necessary Law of Nations consists in applying the natural law to States, since the natural is not subject to change, being founded on the nature of things and particularly upon the nature of man, it follows that the necessary Law of Nations is not subject to change.

§ 9. Nations can not change it nor release themselves from its obligations.

Since this law is not subject to change and the obligations which it imposes are necessary and indispensable, Nations can not alter it by agreement, nor individually or mutually release themselves from it.

It is by the application of this principle that a distinction can be made between lawful and unlawful treaties or conventions and between customs which are innocent and reasonable and those which are unjust and deserving condemnation.

Thing which are just in themselves and permitted by the necessary Law of Nations may form the subject of an agreement by Nations or may be giving sacredness and force through practice and custom. Indifferent affairs may be settled either by treaty, if Nations so please, or by the introduction of some suitable custom or usage. But all treaties and customs contrary to the dictates of the necessary Law of Nations are unlawful. We shall see, however, that they are not always conformable to the inner law of conscience, and yet, for reasons to be given in their proper place, such conventions and treaties are often valid by the external law. Owing to the freedom and independence of Nations, the conduct of one Nation may be unlawful and censurable according to the law of conscience, and yet other Nations must put up with it so long as it does not infringe upon perfect rights. The liberty of a Nation would not remain complete if other Nations presumed to inspect and control its conduct; a presumption which would be contrary to the natural law, which declares every Nation free and independent of all other Nations.

§ 10. The society established by nature among all men.

Such is man’s nature that he is not sufficient unto himself and necessarily stands in need of the assistance and intercourse of his fellows, whether to preserve his life or to perfect himself and live as befits a rational animal. Experience shows this clearly enough. We know of men brought up among bears, having neither the use of speech nor of reason, and limited like beasts to the use of the sensitive faculties. We observe, moreover, that nature has denied man the strength and the natural weapons with which it has provided other animals, and has given him instead the use of speech and of reason, or at least the ability to acquire them by intercourse with other men. Language is a means of communication, of mutual assistance, and of perfecting man’s reason and knowledge; and, having thus become intelligent, he finds a thousand means of caring for his life an its wants. Moreover, every man realizes that he could not live happily or improve his condition without the help of intercourse with other men. Therefore, since nature has constituted men thus, it is a clear proof that it means them to live together and mutually to aid and assist one another.

From this source we deduce a natural society existing among all men. The general law of this society is that each member should assist the others in all their needs, as far as he can do so without neglecting his duties to himself-a law which all men must obey if they are to live conformably to their nature and to the designs of their common Creator; a law which our own welfare, our happiness, and our best interests should render sacred to each one of us. Such is the general obligation we are under of performing our duties; let us fulfill them with care if we would work wisely for our greatest good.

It is easy to see how happy the world would be if all men were willing to follow the rule we have just laid down. On the other hand, if each man thinks of himself first and foremost, if he does nothing for others, all will be alike miserable. Let us labor for the good of all men; they in turn will labor for ours, and we shall build our happiness upon the firmest foundations.

§ 11. And among nations.

Since the universal society of the human race is an institution of nature itself, that is, a necessary result of man’s nature, all men of whatever condition are bound to advance its interests and to fulfill its duties. No convention or special agreement can release them from the obligation. When, therefore, men unite in civil society and form a separate State or Nation they may, indeed, make particular agreements with others of the same State, but their duties towards the rest of the human race remain unchanged; but with this difference, that when men have agreed to act in common, and have given up their rights and submitted their will to the whole body as far as concerns their common good, it devolves thenceforth upon that body, the State, and upon its rulers, to fulfill the duties of humanity towards outsiders in all matters in which individuals are no longer at liberty to act, and it peculiarly rests with the State to fulfill these duties towards other States. We have already seen (§ 5) that men, when united in society, remain subject to the obligations of the Law of Nature. This society may be regarded as a moral person, since it has an understanding, a will, a power peculiar to itself; and it is therefore obliged to live with other societies or States according to the laws of the natural society of the human race, just as individual men before the establishment of civil society lived according to them; with such exceptions, however, as are due to the difference of the subjects.

§ 12. The end of this society of nations.

The end of the natural society established among men in general is that they should mutually assist one another to advance their own perfection and that of their condition; and Nations, too, since they may be regarded as so many free persons living together in a state of nature, are bound mutually to advance this human society. Hence the end of the great society established by nature among all nations is likewise that of mutual assistance in order to perfect themselves and their condition.

§ 13. The general obligation which it imposes.

The first general law, which is to be found in the very end of the society of Nations, is that each Nation should contribute as far as it can to the happiness and advancement of other Nations.

§ 14. Explanation of this obligation.

But as its duties towards itself clearly prevail over its duties towards others, a Nation owes to itself, as a prime as a consideration, whatever it can do for its own happiness and advancement. (I say whatever it can do, not meaning physically only, but morally also, what it can do lawfully, justly, and honestly.) When, therefore, a Nation can not contribute to the welfare of another without doing an essential wrong to itself, its obligation ceases in this particular instance, and the Nation is regarded as lying under a disability to perform the duty.

§ 15. Liberty and independence of nations, and general law.

Since Nations are free and independent of one another as men are by nature, the second general law of their society is that each Nation should be left to the peaceable enjoyment of that liberty which belongs to it by nature. The natural society of nations can not continue unless the rights which belong to each by nature are respected. No Nation is willing to give up its liberty; it will rather choose to break off all intercourse with those who attempt to encroach upon it.

§ 16. Effect of this liberty.

In consequence of that liberty and independence it follows that it is for each Nation to decide what its conscience demands of it, what it can or can not do; what it thinks well or does not think well to do; and therefore it is for each Nation to consider and determine what duties it can fulfill towards others without failing in its duty towards itself. Hence in all cases in which it belongs to a Nation to judge of the extent of its duty, no other Nation may force it to act one way or another. Any attempt to do so would be an encroachment upon the liberty of Nations. We may not use force against a free person, except in cases where this person is under obligation to us in a definite matter and for a definite reason not depending upon his judgment; briefly, in cases in which we have a perfect right against him.

§ 17. Distinction of obligations and rights as internal and external, perfect and imperfect.

To understand this properly we must note that obligations and the corresponding rights produced by them are distinguished into internal and external. Obligations are internal in so far as they bind the conscience and are deduced from the rules of our duty; they are external when considered relatively to other men as producing some right on their part. Internal and imperfect obligations are always the same in nature, though they may vary in degree; external obligations, however, are divided into perfect and imperfect, and the rights they give rise to are likewise perfect and imperfect. Perfect rights are those which carry with them the right of compelling the fulfillment of the corresponding obligations; imperfect rights can not so compel. Perfect obligations are those which give rise to the right of enforcing them; imperfect obligations give but the right to request.

It will now be easily understood why a right is always imperfect when the corresponding obligation depends upon the judgment of him who owes it; for if he could be constrained in such a case he would cease to have the right of deciding what are his obligations according to the law of conscience. Our obligations to others are always imperfect when the decision as to how we are to act rests with us, as it does in all matters where we ought to be free.

§ 18. Equality of nations.

Since men are by nature equal, and their individual rights and obligations the same, as coming equally from nature, Nations, which are composed of men and may be regarded as so many free persons living together in a state of nature, are by nature equal and hold from nature the same obligations and the same rights. Strength or weakness, in this case, counts for nothing. A dwarf is as much a man as a giant is; a small Republic is no less a sovereign State than the most powerful Kingdom.

§ 19. Effect of this equality.

From this equality it necessarily follows that what is lawful or unlawful for one Nation is equally lawful or unlawful for every other Nation.

§ 20. Each is free to act as it pleases so far as its acts do not affect the perfect rights of others. A Nation is therefore free to act as it pleases, so far as its acts do not affect the perfect rights of another Nation, and so far as the Nation is under pleases so far merely internal obligations without any perfect external obligation. If it a, affect the abuse its liberty it acts wrongfully; but other Nations can not complain, since they have no right to dictate to it.

§ 21. Foundation of the voluntary law of nations.

Since Nations are free, independent, and equal, and since each has the right to decide in its conscience what it must do to fulfill its duties, the effect of this is to produce, before the world at least, a perfect equality of rights among Nations in the conduct of their affairs and in the pursuit of their policies. The intrinsic justice of their conduct is another matter which it is not for others to pass upon finally; so that what one may do another may do, and they must be regarded in the society of mankind as having equal rights.

When differences arise each Nation in fact claims to have justice on its side, and neither of the interested parties nor other Nations may decide the question. The one who is actually in the wrong sins against its conscience; hut as it may possibly be in the right, it can not be accused of violating the laws of the society of Nations. It must happen, then, on many occasions that Nations put up with certain things although in themselves unjust and worthy of condemnation, because they can not oppose them by force without transgressing the liberty of individual Nations and thus destroying the foundations of their natural society. And since they are bound to advance that society, we rightly presume that they have agreed to the principle just established. The rules resulting from it form what Wolf calls the voluntary Law of Nations; and there is no reason why we should not use the same expression, although we have thought it our duty to differ from that learned man as to how the foundation of that law should be established.

§ 22. Rights of nations against those who violate the law of nations.

The laws of the natural society of Nations are so important to the welfare of every State that if the habit should prevail of treading them under foot no Nation could hope to protect its existence or its domestic peace, whatever wise and just and temperate measures it might take. Now all men and all States have a perfect right to whatever is essential to their existence, since this right corresponds to an indispensable obligation. Hence all Nations may put down by force the open violation of the laws of the society which nature has established among them, or any direct attacks upon its welfare.

§ 23. Rule of these rights.

But care must be taken not to extend these rights so as to prejudice the these rights liberty of Nations. They are all free and independent, though they are so far bound to observe the laws of nature that if one violates them the others may restrain it; hence the Nations as a body have no rights over the conduct of a single Nation, further than the natural society finds itself concerned therein. The general and common rights of Nations over the conduct of a sovereign State should be in keeping with the end of the society which exists among them.

§ 24. Conventional law of nations, or law of treaties.

The various agreements which Nations may enter into give rise to new division of the Law of Nations which is called conventional, or the law of treaties. As it is clear that a treaty binds only the contracting parties the conventional Law of Nations is not universal, but restricted in character. All that can be said upon this subject in a treatise on the Law of Nations must be limited to a statement of the general rules which Nations must observe with respect to their treaties. The details of the various agreements between certain Nations, and of the resulting rights and obligations, are questions of fact, to be treated of in historical works.

§ 25. Customary law of nations.

Certain rules and customs, consecrated by long usage and observed by Nations as a sort of law, constitute the customary Law of Nations, or international custom. This law is founded upon a tacit consent, or rather upon a tacit agreement of the Nations which observe it. Hence it evidently binds only those Nations which have adopted it and is no more universal than the conventional law. Hence we must also say of this

customary law that its details do not come within a systematic treatise on the Law of Nations, and we must limit ourselves to stating the general theory of it, that is to say, the rules to be observed in it, both as regards its effects and its substance. On this latter point these rules will serve to distinguish lawful and innocent customs from unlawful and unjust ones.

§ 26. General rule of this law.

When a custom or usage has become generally established either between all the civilized countries of the world or only between those of a given continent, Europe for example, or those which have more frequent intercourse with one another, if this custom be indifferent in nature, much more so if it be useful and reasonable, it becomes binding upon all those Nations which are regarded as having given their consent to it. They are bound to observe it towards one another so long as they have not expressly declared their unwillingness to follow it any longer. But if there be anything unjust or unlawful in such a custom it is of no force, and indeed every Nation is hound to abandon it, since there can be neither obligation nor authorization to violate the Law of Nature.

§ 27. Positive law of nations.

These three divisions of the Law of Nations, the voluntary, the conventional, and the customary law, form together the positive Law of Nations, for they all proceed from the agreement of Nations; the voluntary law from their presumed consent; the conventional law from their express consent; and the customary law from their tacit consent. And since there are no other modes of deducing a law from the agreement of Nations, there are but these three divisions of the positive Law of Nations.

We shall be careful to distinguish them from the natural or necessary Law of Nations, without, however, treating them separately. But after having established on each point what the necessary law prescribes, we shall then explain how and why these precepts must be modified by the voluntary law; or, to put it in another way, we shall show how, by reason of the liberty of nations and the rules of their natural society, the external law which they must observe towards one another differs on certain points from the principles of the internal law, which, however, are always binding upon the conscience. As for rights introduced by treaties or by custom, we need not fear that anyone will confuse them with the natural Law of Nations. They form that division of the Law of Nations which writers term the arbitrary law.

§ 28. General rule for the application of the necessary and the voluntary law.

In order from the start to lay down broad lines for the distinction rule between the necessary law and the voluntary law we must note that since the necessary law is at all times obligatory upon the conscience, a Nation must never lose sight of it when deliberating upon the course it must pursue to fulfill its duty; but when there is question of what it can demand from other States, it must consult the voluntary law, whose rules are devoted to the welfare and advancement of the universal society.

Louisiana's Code Noir (1724)

Primary Documents: To regulate relations between slaves and colonists, the Louisiana Code noir, or slave code, based largely on that compiled in 1685 for the French Caribbean colonies, was introduced in 1724 and remained in force until the United States took possession of Louisiana in 1803. The Code’s 54 articles regulated the status of slaves and free blacks, as well as relations between masters and slaves. The entire body of laws appears below.

BLACK CODE OF LOUISIANAI. Decrees the expulsion of Jews from the colony.

II. Makes it imperative on masters to impart religious instruction to their slaves.

III. Permits the exercise of the Roman Catholic creed only. Every other mode of worship is prohibited.

IV. Negroes placed under the direction or supervision of any other person than a Catholic, are liable to confiscation.

V. Sundays and holidays are to be strictly observed. All negroes found at work on these days are to be confiscated.

VI. We forbid our white subjects, of both sexes, to marry with the blacks, under the penalty of being fined and subjected to some other arbitrary punishment. We forbid all curates, priests, or missionaries of our secular or regular clergy, and even our chaplains in our navy to sanction such marriages. We also forbid all our white subjects, and even the manumitted or free-born blacks, to live in a state of concubinage with blacks. Should there be any issue from this kind of intercourse, it is our will that the person so offending, and the master of the slave, should pay each a fine of three hundred livres. Should said issue be the result of the concubinage of the master with his slave, said master shall not only pay the fine, but be deprived of the slave and of the children, who shall be adjudged to the hospital of the locality, and said slaves shall be forever incapable of being set free. But should this illicit intercourse have existed between a free black and his slave, when said free black had no legitimate wife, and should said black marry said slave according to the forms prescribed by the church, said slave shall be thereby set free, and the children shall also become free and legitimate ; and in such a case, there shall be no application of the penalties mentioned in the present article.

VII. The ceremonies and forms prescribed by the ordinance of Blois, and by the edict of 1639, for marriages, shall be observed both with regard to free persons and to slaves. But the consent of the father and mother of the slave is not necessary; that of the master shall be the only one required.

VIII. We forbid all curates to proceed to effect marriages between slaves without proof of the consent of their masters; and we also forbid all masters to force their slaves into any marriage against their will.

IX. Children, issued from the marriage of slaves, shall follow the condition of their parents, and shall belong to the master of the wife and not of the husband, if the husband and wife have different masters.

X. If the husband be a slave, and the wife a free woman, it is our will that their children, of whatever sex they may be, shall share the condition of their mother, and be as free as she, notwithstanding the servitude of their father; and if the father be free and the mother a slave, the children shall all be slaves.

XI. Masters shall have their Christian slaves buried in consecrated ground.

XII. We forbid slaves to carry offensive weapons or heavy sticks, under the penalty of being whipped, and of having said weapons confiscated for the benefit of the person seizing the same. An exception is made in favor of those slaves who are sent a hunting or a shooting by their masters, and who carry with them a written permission to that effect, or are designated by some known mark or badge.

XIII. We forbid slaves belonging to different masters to gather in crowds either by day or by night, under the pretext of a wedding, or for any other cause, either at the dwelling or on the grounds of one of their masters, or elsewhere, and much less on the highways or in secluded places, under the penalty of corporal punishment, which shall not be less than the whip. In case of frequent offences of the kind, the offenders shall be branded with the mark of the flower de luce, and should there be aggravating circumstances, capital punishment may be applied, at the discretion of our judges. We command all our subjects, be they officers or not, to seize all such offenders, to arrest and conduct them to prison, although there should be no judgment against them.

XIV. Masters who shall be convicted of having permitted or tolerated such gatherings as aforesaid, composed of other slaves than their own, shall be sentenced, individually, to indemnify their neighbors for the damages occasioned by said gatherings, and to pay, for the first time, a fine of thirty livres, and double that sum on the repetition of the offence.

XV. We forbid negroes to sell any commodities, provisions, or produce of any kind, without the written permission of their masters, or without wearing their known marks or badges, and any persons purchasing any thing from negroes in violence of this article, shall be sentenced to pay a fine of 1500 livres.

XVI, XVII, XVIII, XIX, provide at length for the clothing of slaves and for their subsistence.

XX. Slaves who shall not be properly fed, clad, and provided for by their masters, may give information thereof to the attorney-general of the Superior Council, or to all the other officers of justice of an inferior jurisdiction, and may put the written exposition of their wrongs into their hands ; upon which information, and even ex officio, should the information come from another quarter, the attorney-general shall prosecute said masters without charging any costs to the complainants. It is our will that this regulation be observed in all accusations for crimes or barbarous and inhuman treatment brought by slaves against their masters.

XXI. Slaves who are disabled from working, either by old age, disease, or otherwise, be the disease incurable or not, shall be fed and provided for by their masters ; and in case they should have been abandoned by said masters, said slaves shall be adjudged to the nearest hospital, to which said masters shall be obliged to pay eight cents a day for the food and maintenance of each one of these slaves ; and for the payment of this sum, said hospital shall have a lien on the plantations of the master.

XXII. We declare that slaves can have no right to any kind of property, and that all that they acquire, either by their own industry or by the liberality of others, or by any other means or title whatever, shall be the full property of their masters ; and the children of said slaves, their fathers and mothers, their kindred or other relations, either free or slaves, shall have no pretensions or claims thereto, either through testamentary dispositions or donations inter vi-vos ; which dispositions and donations we declare null and void, and also whatever promises they may have made, or whatever obligations they may have subscribed to, as having been entered into by persons incapable of disposing of any thing, and of participating to any contract.

XXIII. Masters shall be responsible for what their slaves have done by their command, and also for what transactions they have permitted their slaves to do in their shops, in the particular line of commerce with which they were intrusted ; and in case said slaves should have acted without the order or authorization of their masters, said masters shall be responsible only for so much as has turned to their profit; and if said masters have not profited by the doing or transaction of their slaves, the pcculium which the masters have permitted the slaves to own, shall be subjected to all claims against said slaves, after deduction made by the masters of what may be due to them ; and if said peculium should consist, in whole or in part, of

merchandises in which the slaves had permission to traffic, the masters shall only come in for their share in common with the other creditors.

XXIV. Slaves shall be incapable of all public functions, and of being constituted agents for any other person than their own masters, with powers to manage or conduct any kind of trade ; nor can they serve as arbitrators or experts; nor shall they be called to give their testimony either in civil or in criminal cases, except when it shall be a matter of necessity, and only in default of white people ; but in no case shall they be permitted to serve as witnesses either for or against their masters.

XXV. Slaves shall never be parties to civil suits, either as plaintiffs or defendants, nor shall they be allowed to appear as complainants in criminal cases, but their masters shall have the right to act for them in civil matters, and in criminal ones, to demand punishment and reparation for such outrages and excesses as their slaves may have suffered from.

XXVI. Slaves may be prosecuted criminally, without their masters being made parties to the trial, except they should be indicted as accomplices; and said slaves shall be tried, at first, by the judges of ordinary jurisdiction, if there be any, and on appeal, by the Superior Council, with the same rules, formalities, and proceedings observed for free persons, save the exceptions mentioned hereafter.

XXVII. The slave who, having struck his master, his mistress, or the husband of his mistress, or their children, shall have produced a bruise, or the shedding of blood in the face, shall suffer capital punishment.

XXVIII. With regard to outrages or acts of violence committed by slaves against free persons, it is our will that they be punished with severity, and even with death, should the case require it.

XXIX. Thefts of importance, and even the stealing of horses, mares, mules, oxen, or cows, when executed by slaves or manumitted persons, shall make the offender liable to corporal, and even to capital punishment, according to the circumstances of the case.

XXX. The stealing of sheep, goats, hogs, poultry, grain, fodder, peas, beans, or other vegetables, produce, or provisions, when committed by slaves, shall be punished according to the circumstances of the case ; and the judges may sentence them, if necessary, to be whipped by the public executioner, and branded with the mark of the flower de luce.

XXXI. In cases of thefts committed or damages done by their slaves, masters, besides the corporal punishment inflicted on their slaves, shall be bound to make amends for the injuries resulting from the acts of said slaves, unless they prefer abandoning them to the sufferer. They shall be bound so to make their choice, in three days from the time of the conviction of the negroes ; if not, this privilege shall be forever forfeited.

XXXII. The runaway slave, who shall continue to be so for one month from the day of his being denounced to the officers of justice, shall have his ears cut off, and shall be branded with the flower de luce on the shoulder : and on a second offence of the same nature, persisted in during one month from the day of his being denounced, he shall be hamstrung, and be marked with the flower de luce on the other shoulder. On the third offence, he shall suffer death.

XXXIII. Slaves, who shall have made themselves liable to the penalty of the whip, the flower de luce brand, and ear cutting, shall be tried, in the last resort, by the ordinary judges of the inferior courts, and shall undergo the sentence passed upon them without there being an appeal to the Superior Council, in confirmation or reversal of judgment, notwithstanding the article 26th of the present code, which shall be applicable only to those judgments in which the slave convicted is sentenced to be hamstrung or suffer death.

XXXIV. Freed or free-born negroes, who shall have afforded refuge in their houses to fugitive slaves, shall be sentenced to pay to the masters of said slaves, the sum of thirty livres a day for every day during which they shall have concealed said fugitives ; and all other free persons, guilty of the same offence, shall pay a fine of ten livres a day as aforesaid ; and should the freed or free-born negroes not be able to pay the fine herein specified, they shall be reduced to the condition of slaves, and be sold as such. Should the price of the sale exceed the sum mentioned in the judgment, the surplus shall be delivered to the hospital.

XXXV. We permit our subjects in this colony, who may have slaves concealed in any place whatever, to have them sought after by such persons and in such a way as they may deem proper, or to proceed themselves to such researches, as they may think best.

XXXVI. The slave who is sentenced to suffer death on the denunciation of his master, shall, when that master is not an accomplice to his crime, be appraised before his execution by two of the principal inhabitants of the locality, who shall be especially appointed by the judge, and the amount of said appraisement shall be paid to the master. To raise this sum, a proportional tax shall be laid on every slave, and shall be collected by the persons invested with that authority.

XXXVII. We forbid all the officers of the Superior Council, and all our other officers of justice in this colony, to take any fees or receive any perquisites in criminal suits against slaves, under the penalty, in so doing, of being dealt with as guilty of extortion.

XXXVIII. We also forbid all our subjects in this colony, whatever their condition or rank may be, to apply, on their own private authority, the rack to their slaves, under any pretence whatever, and to mutilate said slaves in any one of their limbs, or in any part of their bodies, under the penalty of the confiscation of said slaves ; and said masters, so offending, shall be liable to a criminal prosecution. We only permit masters, when they shall think that the case requires it, to put their slaves in irons, and to have them whipped with rods or ropes.

XXXIX. We command our officers of justice in this colony to institute criminal process against masters and overseers who shall have killed or mutilated their slaves, when in their power and under their supervision, and to punish said murder according to the atrocity of the circumstances; and in case the offence shall be a pardonable one, we permit them to pardon said masters and overseers without its being necessary to obtain from us letters patent of pardon. XL. Slaves shall he held in law as movables, and as such, they shall be part of the community of acquests between husband and wife ; they shall not be liable to be seized under any mortgage whatever; and they shall be equally divided among the co-heirs without admitting from any one of said heirs any claim founded on preciput or right of primogeniture, or dowry.

XLI, XLII. Are entirely relative to judicial forms and proceedings.XLIII. Husbands and wives shall not be seized and sold separately when belonging to the same master : and their children, when under fourteen years of age, shall not be separated from their parents, and such seizures and sales shall be null and void. The present article shall apply to voluntary sales, and in case such sales should take place in violation of the law, the seller shall be deprived of the slave he has illegally retained, and said slave shall be adjudged to the purchaser without any additional price being required.

XLIV. Slaves, fourteen years old, and from this age up to sixty, who are settled on lands and plantations, and are at present working on them, shall not be liable to seizure for debt, except for what may be due out of the purchase money agreed to be paid for them, unless said grounds or plantations should also be distressed, and any seizure and judicial sale of a rea,l estate, without including the slaves of the aforesaid age, who are part of said estate, shall be deemed null and void.

XLV, XLVI, XLVII, XLVIII, XLIX. Are relative to certain formalities to be observed in judicial proceedings.

L. Masters, when twenty-five years old, shall have the power to manumit their slaves, cither by testamentary dispositions, or by acts inter vivos. But, as there may be mercenary masters disposed to set a price on the liberation of their slaves ; and whereas slaves, with a view to acquire the necessary means to purchase their freedom, may be tempted to commit theft or deeds of plunder, no person, whatever may he his rank and condition, shall be permitted to set free his slaves, without obtaining from the Superior Council a decree of permission to that effect ; which permission shall be granted without costs, when the motives for the setting free of said slaves, as specified in the petition of the master, shall appear legitimate to the tribunal. All acts for the emancipation of slaves, which, for the future, shall be made without this permission, shall be null ; and the slaves, so freed, shall not be entitled to their freedom ; they shall, on the contrary, continue to be held as slaves; but they shall be taken away from their former masters, and confiscated for the benefit of the India Company. LI. However, should slaves be appointed by their masters tutors to their children, said slaves shall be held and regarded as being thereby set free to all intents and purposes.

LII. We declare that the acts for the enfranchisement of slaves, passed according to the forms above described, shall be equivalent to an act of naturalization, when said slaves are not born in our colony of Louisiana, and they shall enjoy all the rights and privileges inherent to our subjects born in our kingdom or in any land or country under our dominion. We declare, therefore, that all manumitted slaves, and all free-born negroes, are incapable of receiving donations, either by testamentary dispositions, or by acts inter vivos from the whites. Said donations shall be null and void, and the objects so donated shall be applied to the benefit of the nearest hospital.

LIII. We command all manumitted slaves to show the pro foundest respect to their former masters, to their widows and children, and any injury or insult offered by said manumitted slaves to their former masters, their widows or children- shall be punished with more severity than if it had been offered to any other person. We, however, declare them exempt from the discharge Of all duties or services, and from the payment of all taxes or fees, or any thing else which their former masters might, in their quality of patrons, claim either in relation to their persons, or to their personal or real estate, either during the life or after the death of said manumitted slaves.

LIV. We grant to manumitted slaves the same rights, privileges, and immunities which are enjoyed by free-born persons. It is our pleasure that their merit in having acquired their freedom, shall produce in their favor, not only with regard to their persons, but also to their property, the same effects which our other subjects derive from the happy circumstance of their having been born free. In the name of the King, Bienville, De la Chaise.

Fazende, Bruslé, Perry, March, 1724.

Sources:

B. F. French, Historical Collections of Louisiana: Embracing Translations of Many Rare and Valuable Documents Relating to the Natural, Civil, and Political History of that State (New York: D. Appleton, 1851)

The Murakush Caliphate of Amexem is an Indigenous Ecclesiastical Governmental entity. The Murakush Caliphate has been created to preserve and protect the rights of Indigenous people as well as the implementation and activation of the Autonomy and Self Determination of Indigenous people belonging to an indigenous nation or community pursuant to International Law. The Murakush Caliphate of Amexem also provides Indigenous Citizenship and membership to Indigenous peoples and assists Indigenous people in substantiating their claims of indigenous status in law pursuant to International law.

 

The Murakush Caliphate of Amexem also provides Jurisdictional Ecclesiastical Indigenous Charters (Murakush Temples) to Ministers of the Caliphate who are proven qualified to receive them for the establishing of Indigenous Ecclesiastical Eco communities. The Murakush Caliphate is currently working to establish an indigenous ecclesiastical court system pursuant to international law to adjudicate on internal and external affairs concerning matters relative to the Murakush Caliphate of Amexem.

 

The Murakush Caliphate of Amexem was duly organized as a Non Profit 501 c3 Tax exempt organization, created by the IAU Consortium to administer the nationalization process (our form of baptism) of indigenous peoples into Indigenous Nations and communities. The main component that is used to acquire a Nationality according to international standards and it is known as an Oath of Allegiance.

 

Indigenous people can acquire Indigenous Nationality through the Murakush Caliphate by

1. Proclaiming their Nationality2. Taking an Oath of Allegiance (Written or Verbally In Ceremony)3. Birth Registration or Recording

 

The Murakush Caliphate of Amexem offers this service to Indigenous people who are interested in acquiring or reaffirming their indigenous nationality. All of documented Indigenous Nationals are recorded with Docip the Indigenous peoples center for Documentation, Research and Information. Indigenous people seeking this service must become members of the Murakush Caliphate first through our subsidiary entity the Murakush Imperial Temple of Amexem. This service is a 2 month process.

1. 4 Week course (Civics & Minister Express 101)2. State of Mind Assessment Test3. Online Completion Ceremony4. Issuance of Proper Certifications

 

One must remember that upon acquiring or reaffirming indigenous nationality, that if they are still citizens of another Nation State, then they will be considered a Dual Citizen or National, unless they expatriate.The Murakush Caliphate of Amexem also assists Indigenous Peoples with expatriation and indigenous reparations upon doing so (Which we call Dissolution & Liquidation).

 

This is done by way of Civil Death upon membership entrance into a Murakush Temple. Upon request, a Civil Death will be issued to said member, which will certify that the Chattel Property Colonial Assimilated Corporate straw person of Indigenous person is no longer and will never contract in such capacity, and is civilly dead.

 

Currently we are seeking out potential Ministers for the Murakush Caliphate, as well as general membership.  We require all New Members to take the MSU Civics 101 and Ministers Express Courses so that we qualify all members to potentially become ministers and receive charters from the Murakush Caliphate of Amexem to establish indigenous ecclesiastical jurisdictions.

 

The Murakush Caliphate of Amexem Constitution is below:

 

MURAKUSH CALIPHATE OF AMEXEM

DIVINE CONSTITUTION & BY-LAWS.

 

The Murakush Caliphate of Amexem whose congregation consists of Moors (Aboriginal Indigenous Peoples), whose religion is Peace & Laws of Nature. Hereby adopts the first 7 Acts of the Moorish Science Temple of America given to us by our Holy Prophet Noble Drew Ali (PBUH).

 

Act 1. The Khaliph and the chairman of the Murakush Caliphate of Amexem is in power to make law and enforce laws with the assistance of the Prophet and the Grand Body of the Murakush Caliphate of Amexem  The assistant Khaliph is to assist the Khaliph in all affairs if he lives according to Love, Truth, Peace, Freedom, and Justice and it is known before the members of the Murakush Caliphate of Amexem

 

Act 2. All meetings are to be opened and closed promptly according to the Circle Seven and Love, Truth, Peace, Freedom, and Justice. Friday is our Holy Day of  rest, because it is on a Friday that the first man was formed in flesh and on a Friday the first man departed out of flesh and ascended unto the Supreme being; for that cause Friday is the Holy day of all Moors all over the world.

 

Act 3. Love, Truth, Peace, Freedom, and Justice must be proclaimed and practiced by all members of the Murakush Caliphate of Amexem  No member is to put in danger or accuse falsely his brother or sister on any occasion at all that may harm his brother or sister, because Supreme Being is Love.

 

Act 4. All members must preserve these Holy and Divine laws, and all members must obey the laws of the government, because by being a Moorish American (Murakushite), you are a part and partial of the government, and must live the life accordingly.

 

Act 5. This organization of the Murakush Caliphate of Amexem  is not to cause any confusion or to overthrow the laws and constitution of any said Government but to obey hereby, pursuant to any Moorish Treaties made with said Governments or its predecessors and successors.

 

Act 6. With us all members must proclaim their nationality and we are teaching our people their nationality and their divine creed that they may know that they are a part and a partial of this said government, and know that they are not Negroes, Colored Folks, Black People, or Ethiopians, because these names were given to slaves by slave holders in 1779 and lasted until 1865 during the time of slavery, but this is a new era of time now, and all men now must proclaim their free national name to be recognized by the government in which they live and the nations of the earth, this is the reason why Supreme Being the of the universe ordained Noble Drew Ali, the Prophet to redeem his people from their sinful ways. The Moorish Americans are the descendants of the ancient Moabites (Murabits) who inhabited the North Western and South Western shores of Africa.

 

Act 7. All members must promptly attend their meetings and become a part and a partial of all uplifting acts of the Murakush Caliphate of Amexem  Members must pay their dues (Zakat), and keep in line with all necessities of the Murakush Caliphate of Amexem  then you are entitled to the name of “Faithful.” Husband, you must support your wife and children; wife, you must obey your husband and take care of your children and look after the duties of your household. Sons and daughters must obey fathers and mothers must be industrious and become a part of the uplifting of fallen humanity. All Moorish Americans (Murakushites) must keep their hearts and minds pure with love, and their bodies clean with water. This Divine Covenant is from your Holy Prophet Noble Drew Ali, through the guidance of his Father God Supreme Being.

 

CONSTITUTIONAL ADMINISTRATIVE AMENDMENTS

24th Rajab 1431

ARTICLE 1 -- Offices Section 1. The registered office of the Murakush Caliphate of Amexem shall be at: 36 South 8th Avenue Suite D Brighton Co, 80601 Usinnewechyu The registered agent in charge thereof shall be: “InCorp Services, Section 2. The Temple may also have offices at such other places as it may from time to time appoint or the business of the Temple may require.

ARTICLE 2-- Seal

Section 1. We shall have a seal that contains 3 Pyramids with a Rising Sun and a Crescent with 5 pointed Star shall be the official seal of the Murakush Caliphate of Amexem ARTICLE 3– Grand Body Meetings Section 1. Murakush Nobility Order: Meetings of the Murakush Imperial Nobility Order shall be held at the place designated by the Temple in these Dominions or at such place, either within or without this Khalifate, Sultanate, or Amerate, as may be selected from time to time by the Grand Body. Section 2. Annual Conventions: The annual convention of the Grand Body shall be Held on the 10th of Rabi II in each year if not a Murakush Holy Day, and if an Murakush Holy Day, then on the next day following at 0900 Hours, when they shall elect a Chamber of Ministers, Chamber of Nobles, Chamber of Officers and transact such other business as may properly be brought before the meeting. If the annual meeting for election of Chamber of Nobles, Chamber of Ministers, & Chamber of Officers is not held on the date designated thereof, the Chamber of Nobles, Chamber of Ministers, & Chamber of Officers shall cause the meeting to be Held as soon thereafter as convenient. Every 5th Annual Convention starting from the initial date, a Khalif must be elected, by the Grand Body at the recommendations of Murakush Nationals, & Citizens. Recommendation from Murakush Nationals & Citizens is not the sole basis or foundation for the determination or decision of who the Grand Body should elect. Section 3. Election of Nobles, Ministers, & Officers: Elections of the Chamber of Nobles, Chamber of Ministers, & Chamber of Officers of the Temple shall be written by ballot. Section 4. Special Meetings: Special meetings of the Grand Body may be called at any time by The Kaliph or any Noble of the Chamber of Nobles, any Minister from the Chamber of Ministers, or any Officer from the Chamber of Officers in the Murakush Caliphate of Amexem, and the Sheiks thereof, or Grand Body entitled to vote, cast at least one-fifth of the votes which all Grand Body are entitled to cast at the particular meeting. At any time, upon written request of any person or persons who have duly called a special meeting, it shall be the duty of any Temple Noble, Minister, or Officer able in the capacity to fix the date of the meeting, to be held not more than sixty days after receipt of the request, and to give due notice thereof. If any head from the Chambers shall neglect or refuse to fix the date of the meeting and give notice thereof, the person or persons calling the meeting may do so.

Business transacted at all special meetings shall be confined to the objects stated in the call and matters germane thereto, unless all Grand Body entitled to vote are present and consent. Written notice of a special meeting of Grand Body stating the time and place and object thereof, shall be given to each member of the Grand Body entitled to vote at least 30 days before such meeting, unless a greater period of notice is required by law in a particular case. Section 5. Quorum: A majority of the outstanding certificates of the Temple entitled to vote, represented in person or by proxy, shall constitute a quorum at a meeting of Grand Body. If less than a majority of the outstanding certificates entitled to vote is represented at a meeting, a majority of the certificates represented may adjourn the meeting from time to time without further notice. At such an adjourned meeting at which a quorum shall be presented or represented, any business may be transacted which might have been transacted at the meeting as originally noticed. The Grand Body present at a duly organized meeting may continue to transact business until adjournment, notwithstanding the withdrawal of enough Grand Body to leave less than a quorum. Section 6. Proxies: Each Chamber entitled to vote at a meeting of Grand Body, or to express consent or dissent to Temple action in writing without a meeting may authorize another person or persons to act for him by proxy, but no such proxy shall be voted or acted upon after three years from its date, unless the proxy provides for a longer period. A duly executed proxy shall be irrevocable if it states that it is irrevocable and if, and only as long as it is coupled with an interest sufficient in law to support an irrevocable power. A proxy may be made irrevocable regardless of whether the interest with which it is coupled is an interest in the Murakush Imperial Trust itself or an interest in the Temple generally. All proxies shall be filed with the M.I.T.A. Treasurer of the meeting before being voted upon. Section 7. Notice of Meetings: Whenever Grand Body are required or permitted to take any action at a meeting, a written notice of the meeting shall be given which shall state the place, date and hour of the meeting. And in the case of a special meeting, the purpose or purposes for which the meeting is called, unless otherwise provided by law. Written notice of any meeting shall be given not less than ten nor more than sixty days before the date of the meeting to each Member of the Grand Body entitled to vote at such meeting. Section 8. Consent in Lieu of Meetings: Any action required to be taken at any annual or special meeting of Grand Body or any action which may be taken at any annual or special meeting of such Grand Body, may be taken without a meeting, without prior notice and without a vote, if consent in writing, setting forth the action so taken, shall be signed by the holders of outstanding primary certificate having not less than the minimum number of votes that would be necessary to authorize or take such action at a meeting at which all certificates entitled to vote thereon were present and voted. Prompt notice of the taking of the Temple action without a meeting by less than unanimous written consent shall be given to that Grand Body who has not consented in writing.

Section 9 List of Grand Body: The M.I.T.A. Temple who has charge of the M.I.T.A. Book of Commerce shall prepare and make, at least ten days before every meeting of Grand Body, a complete list of the Grand Body entitled to vote at the meeting, arranged in alphabetical order, and showing the current geographical location of each member of the Grand Body and the number of Trust Certificates registered in the Nomen Substantivum of each. No certificate of secured interest note upon which any installment is due and unpaid shall be voted at any meeting. The list shall be open to the examination of any member of the Grand Body, for any purpose germane to the meeting, during ordinary business hours, for a period of at least ten days prior to the meeting, either at a place within the city where the meeting is to be Held, which place shall be specified in the notice of the meeting, or, if not so specified, at the place where the meeting is to be Held. The list shall also be produced and kept at the time and place of the meeting during the whole time thereof, and may be inspected by any SIN holder who is present. ARTICLE 4 – Kaliph, & The Chamber of Nobles, Ministers, Officers

Section 1. The Kaliph: The Kaliph shall be present at all meetings of the Grand Body. Nobles, Ministers, Officers, and The Kaliph shall see that all orders and resolutions of the “Chambers of” are carried into effect, subject, however, to the right of the Nobles, Minister, & Officers, to delegate any specific powers, except such as may be by the nature of their position within the Temple exclusively conferred on The Kaliph, to any other manager Ministers, Nobles, & Officers of the Temple. The Kaliph shall have sole authority execute exclusively all Negotiations, Treaties, & Agreements with any foreign entities security, securities, (negotiable) instruments and other contracts requiring a seal, under the seal of the Temple, upon consultation with the “Chambers of” . They shall be a certified official member of all Chambers, committees, groups, organizations, and entities of the M.I.T.A. Section 2. The business and affairs of this Temple shall be managed by the Chamber of Nobles, 8 in number, The Chamber of Ministers 8 in number, The Chamber of Officers 8 in number. All “Chambers of” shall have a Sheik as the Head of “The Chambers of”. The Kaliphs, Chamber of Nobles, Chamber of Ministers, & Chamber of Officers must be Organs of the M.I.T.A. Grand Body in the Temple. They shall be elected by the Grand Body at the annual meeting of Grand Body of the Temple, and each director shall be elected for the term of three years, and until his successor shall be elected and shall qualify or until his earlier resignation or removal. Section 3. Regular Meetings: Regular meetings of the Chambers shall be Held without notice, at least quarterly, at the registered office of the Temple, or at such other time and place as shall be determined by the Chamber. Section 4. Special Meetings: Special Meetings of the Chambers may be called by The Kaliph’ on two days notice to each Sheik of “The Chamber of”, either personally or by mail, fax or by email; special meetings shall be called by the Sheik Temple Operator, Director, Manager, & Financier in like manner and on like notice on the written request of a majority of the Nobles, Ministers, & Officers.

Section 5. Quorum: A majority of the total number of Nobles, Ministers, & Officers shall constitute a quorum for the transaction of business. Section 6. Consent in Lieu of Meeting: Any action required or permitted to be taken at any meeting of the Chamber of Nobles, Chamber of Ministers, & Chamber of Officers or of any committee thereof, may be taken without a meeting if all members of the Chamber of committee, as the case may be, consent thereto in writing, and the writing or writings are filed with the minutes of proceedings of the Chamber or committee. The Chamber of Nobles, The Chamber of Ministers, & The Chamber of Officers may hold its meetings, and have an office or offices, outside of this Dominion. Section 7. Conference Telephone: The Kaliph, one or more Nobles, Ministers, & Officers may participate in a meeting of the Chamber or a committee of the Chamber or of the Grand Body, by means of conference telephone or similar communications equipment by means of which all organs, & persons participating in the meeting can; participation in this manner shall constitute presence in person at such meeting. Section 8. Compensation: Chamber of Nobles, Chamber of Ministers, & Chamber of Officers as such, shall not receive any stated salary for their services, but by resolution of the Chamber, a fixed sum and expenses of attendance at each regular or special meeting of the Chamber PROVIDED, that nothing therein contained shall be construed to preclude any director, operator, manager, & financier from serving the Temple in any other capacity and receiving compensation therefore. Section 9. Removal: The Kaliph, any Noble, Minister, and Officer, or the entire “Chamber of” may be removed, with or without cause, by the holders of a majority of the superior certificates entitled to vote at an election of Chamber of Nobles, Chamber of Ministers, & Chamber of Officers except that when cumulative voting is permitted, if less than the entire Chamber is to be removed, no Noble, Minister, Officer may be removed without cause if the votes cast against his removal would be sufficient to elect him if then cumulatively voted at an election of the entire Grand Body of the Chamber of Nobles, Chamber of Ministers, & Chamber of Officers or, if there be classes of Nobles, Ministers, managers, & Officers at an election of the class of Chamber of Nobles, Chamber of Ministers, & Chamber of Officers of which he/she is a part. ARTICLE 5 – Nobles, Ministers, Officers Section 1. The Sheiks of the Temple shall be chosen by the Chamber of Nobles, Ministers, and Officers, shall be a Sultan, Prime Minister, and Sheik Executive Officer. The Chamber of Nobles, Ministers, & Officers may also choose one or more Officers as they deem necessary to create and such other Officers as it shall deem necessary. Any number of offices may be held by the same person if deemed necessary by the “Chambers of”’. Section 2. Salaries: Compensation of all managers and agents of the Temple shall be fixed by the Chamber of Officers. Section 3. Term of Office: The Kaliph, Nobles, Ministers, & Officers of the Temple shall hold positions for 3 years and until their

successors are chosen and have qualified. Any manager or agent elected or appointed by the “Chambers of” may be removed by the Chamber of Nobles, Ministers, and Officers whenever in its judgment the best interest of the Temple will be served thereby. Section 4. Sultan: The Sultan shall attend all sessions of the “Chambers of”. Sultan shall be the Sultan of the Temple. They shall have the general and active duty to manage the business of the Temple, subject, however, to the right of the Chamber of Nobles to delegate any specific powers, except such as may be by Laws of Nature exclusively conferred on the Sultan, to any other Nobles of the Temple. They shall have the general power and duties of supervision and management usually vested in the position of Sultan of the Temple. Other Noble Positions: Hajib-Keeper of The Door-Awakner Amer-Commander-Leader Seyaraha Wa Khateed Al'Majlis-Pilot & Speaker Of The Parliament-Navigator Qazi- Magistrate-Executor Shariff-Noble Man-Enforcer Section 6. Wazir Al'Rais-Prime Minister: The Wazir Al'Rais- shall attend all sessions of the Chamber of Ministers, and all meetings of the Grand Body and act as clerk thereof, and record all the votes of the Temple and the minutes of all its transactions in a book to be kept for that purpose, and shall perform like duties for all committees of the “Chambers of” required. They shall give, or cause to be given, notice of all meetings of the Grand body and of the Chamber of Ministers, and shall perform such other duties as may be prescribed by the Chamber of Nobles, and under whose supervision Wazir-Minister-Implementer Sutrah-Shield-Protector Section 7. Rasm- Sealer, Recorder-Keeper: The Rasm shall have custody of Temple funds and securities and shall keep full and accurate accounts of receipts and disbursements in books belonging to the Temple, and shall keep the monies of the Temple in separate account to the source of the Temple. They shall disburse the funds of The Temple as may be ordered by the “Chamber of Officers”, taking proper vouchers for Such disbursements, and shall render to the Nobles, Ministers, & Officers at the Regular meetings of the “Chambers of”, or whenever they may require it, an account of all his/her transactions as Rasm of the financial Condition of the Temple. They shall be. They shall keep in safe custody the seal of the Temple, and when authorized by the Chamber, affix the same to any instrument requiring it. Wali-Advisor Investigator Mufti-Man at Arms-Troop ARTICLE 6 -- Vacancies Section 1. Any vacancy occurring in any office of the Temple by death, resignation, removal, or otherwise, shall be filled by the Chamber of

Nobles, Ministers, Officers, & Vacancies and newly created Sheikships resulting from any increase in the authorized number of Nobles, Ministers, & Officers may be filled by a majority of the Nobles, Ministers, managers, & Officers then in office, although not less than a quorum, or by a Sole remaining director. If at any time, by reason of death or resignation or other cause, the Temple should have no Nobles, Ministers, managers, & Officers in position, then any Manager or any M.I.T.A. Grand body, or an executor, administrator, trustee or Guardian of an M.I.T.A. Grand Body or other fiduciary agent entrusted with like responsibility for the person, may call a special Meeting of Grand Body in accordance with the provisions of these By-Laws. If there is any vacancy at any time, with a Sheik temple position, The Kaliph shall fulfill the vacant positions, and may appoint such a position to one qualified by the laws of nature. Section 2. Resignations Effective at Future Date: When one or more Nobles, Ministers, & Officers shall resign from the “Chambers of”, effective at a future date, a majority of the Nobles, Ministers & Officers then in office, including those who have so resigned, shall have power to fill such vacancy or vacancies, the vote thereon to take effect when such resignation or resignations shall become Effective. ARTICLE 7– Temple Records Section 1. Any M.I.T.A. Trust holder in due course of record, in person or by representative, or other agent, shall, upon written demand under oath stating the purpose thereof, have the right during the usual hours for business to inspect for any proper purpose the Temple's M.I.T.A. Trust ledger, a list of its Grand Body, and its other books and records, and to make copies or extracts therefore. A proper purpose shall mean a purpose reasonably related to such person's interest as an M.I.T.A. Trust holder. In every instance where a representative or other agent shall be the person who seeks the right to inspection, the demand under oath shall be accompanied by a power of attorney or such other writing which authorizes the representative or other agent to so act on behalf of The M.I.T.A. Trust holder. The demand under oath shall be directed to the Temple at its registered office in this territory or at its principal place of business. M.I.T.A. shall also create & destroy entities at will & discretion, to store, house, secure, & protect all records of M.I.T.A.

ARTICLE 8 – Trust Certificates: Superior Certificates, Re-turns, ect.

Section 1. Superior-Inferior Certificates of the Temple shall be numbered and registered in the SIN ledger and transfer books of the Temple as they are issued. They shall bear the Temple Seal and shall be signed by The Kaliph. Primary Trust Superior Certificates are accompanied with voting rights, & exclusively available to “Man or Woman” and/or Murakush (Aboriginal Indigenous) Organ-Cells of The M.I.T.A. Trust Inferior Certificates are exclusively available to non-Organ-Cells of The M.I.T.A., & non-Aboriginal Indigenous peoples Section 2. Transfers: Transfers of certificates shall be made on the books of the Temple upon surrender of the certificates therefore, endorsed by the person named in the certificate or by a representative, lawfully constituted in writing. No transfer shall be made which is

inconsistent with Natural Law. Primary Security Interest Notes/Superior Certificates cannot be transferred to Non-Moorish Aboriginal Indigenous Peoples/Natural Persons. (Man or Woman) Section 3. Lost Certificate: The Temple may issue a new Certificate of Trust in the place of any certificate theretofore signed by it, alleged To have been lost, stolen or destroyed, and the Temple may require the owner of the lost, stolen or destroyed certificate, or his lawful/legal representative to give the Temple a bond sufficient to indemnify it against any claim that may be made against it on account of the alleged Loss, 'theft or destruction of any such certificate or the issuance of such new certificate. Section 4. Record Date: In order that the Temple may determine the Grand Body entitled to notice of or to vote at any meeting of Grand Body or any adjournment thereof, or the express consent to Temple action in writing without a meeting, or entitled to receive Payment of any Re-Turn or other distribution or allotment of any rights, or entitled to exercise any rights in respect of any change, conversion or exchange of SIN or for the purpose of any other lawful action, the Chamber of Officers may fix, in advance, a record date, which shall not be more Than sixty nor less than ten days before the date of such meeting, nor more Than sixty days prior to any other action. If no record date is fixed: § (a) The record date for determining Grand Body entitled to notice of or to vote at a meeting of Grand Body shall be at the close of business on the next day preceding the day on which notice is given, or if notice is waived, at the close of business on the net day preceding the day on which the meeting is held. § (b) The record date for determining GRAND BODY entitled to express Consent to Temple action in writing without a meeting, when no prior action by the Chamber of Nobles, Ministers, & or Officers is necessary, shall be the day on which The first written consent is expressed. § (c) The record date for determining GRAND BODY for any other purpose Shall be at the close of business on the day in which the Chamber of Nobles adopt the resolution relating thereto. § (d) A determination of GRAND BODY of record entitled to notice of or to vote at a meeting of GRAND BODY shall apply to any adjournment of the meeting; provided, however, that the Chamber of Nobles may fix a new Record date for the adjourned meeting. Section 5. Re-Turns: The Chamber of Officers may declare and pay Re-Turns upon the outstanding certificates of the Temple from time to time And to such extent as they deem advisable, in the manner and upon the terms And conditions provided by the Laws of Nature and the Certificate of the Temple. Section 6. Reserves: Before payment of any Re-Turn there may be set aside out of the net profits of the Temple such sum or sums as the Officers, from time to time, in their absolute discretion, think proper as a reserve fund to meet contingencies, or for equalizing Re-Turns, or for Repairing or maintaining any property of the Temple, or for such

other Purpose as the Officers shall think conducive to the interests of the Temple and the Officers may abolish any such reserve in the manner in which it was created. ARTICLE 9 – Ministries

Section 1. Ministers: Ministers to hold rank and position within the Murakush Caliphate of Amexem Shall be appointed by the Murakush Imperial Nobility Order of the Murakush Caliphate of Amexem., and must be at least 25 Years of Age, Male or Female to qualify for Title & Position of Minister. Ministers Shall be charged with the duty and obligations of Ministering to the members & non members of the Murakush Caliphate of Amexem, and shall be charged with the duty & obligation of the administration for each Ministry of the Murakush Caliphate of Amexem. Section 2. Ministries: All Ministries shall be charged with the duty and obligation to administer the Ecclesiastical Governmental functions of the Murakush Caliphate of Amexem. The Ministries of the Murakush Caliphate of Amexem shall be: a) Ethereal Ministry b) Law Ministry c) Political Ministry d) Security Ministry e) Commerce Ministry f) Education Ministry g) Health Ministry h) Entertainment Ministry i) Agricultural Ministry j) Fashion Ministry k) Housing Ministry l) Transportation Ministry m) Communication Ministry n) Energy Ministry o) Technology Ministry ARTICLE 10 – Entities

Section 1: The Murakush Caliphate of Amexem hereby creates the foregoing entities for the commercial interest of the Murakush Caliphate of Amexem shall be: a) Murakush Law Firm LLC. b) Moorish American Party c) Murakush Imperial Royal Guards LLC. d) Murakush Investment Firm LLC. e) Murakush Science University Inc f) Imhotep LLC. g) Last Generation Media LLC. h) Kush Krops LLC. i) True Culture LLC. j) Master Builders LLC. k) Ethereal Motors LLC. l) Ra Technology LLC. m) 9 Ether Energy LLC. n) Murakush Express LLC. o) Murakush Imperial Properties LLC.

Section 2: These separately created entities (owned by the Murakush Caliphate of Amexem ) shall be charged with the duties and obligations of securing the commercial interest of the Murakush Caliphate of Amexem ARTICLE 11— Jurisdictions

Sections 1: Kaliphates – Each Kaliphate shall be established for the Ecclesiastical & Civil Jurisdictional protection of all members of the Murakush Caliphate of Amexem. Each Kaliphate shall have the supreme jurisdictional authority to execute law in accordance with the Laws of the Murakush Caliphate of Amexem. Each Kaliphate shall have a Vice Kaliph. Each Kaliphate shall have a Sultanate. Section 2: Sultanates – Each Sultanate shall be established under the Authority of the Kaliphate, and shall be charged with the Responsibility and duties of executing all official laws, and business of the Murakush Caliphate of Amexem. Each Sultanate shall have a Vice Sultan. Each Sultanate shall have an Amerate. Section 3: Amerate – Each Amerate shall be established under the Authority of the Sultanate, and shall be charged with the duties and responsibilities of administering services & safety functions for all members of the Murakush Caliphate of Amexem. Each Amerate shall have a Vice Amer. Each Amerate shall have a Murakush Caliphate to service each community of the Amerate. ARTICLE 12– Membership (Nobles, Ministers, Officers, Nationals & Citizens)

Section 1: Nobles – Nobles of the Murakush Caliphate of Amexem shall be responsible for all Men, Women, and Children who are members of the Murakush Caliphate of Amexem. Nobles must ensure that all Ecclesiastical and Civil Governmental Functions are executed & carried our properly. Nobles shall have the same unalienable rights of every man, woman and child who is a member of the Murakush Caliphate of Amexem. Nobles also have the right to Life, right to maintain Property, Liberty and pursuit of Happiness, and shall be exempt from unreasonable search and seizures. Noble is the highest Honor bestowed upon a man, woman, or child within the Murakush Society. Section 2: Ministers - Ministers of the Murakush Caliphate of Amexem shall be responsible for the administration of Ecclesiastical and Civil Governmental functions and shall have the same unalienable rights of every man, woman and child who is a member of the Murakush Caliphate of Amexem. Ministers shall also have the right to Life, right to maintain property, Liberty and pursuit of Happiness, and shall be exempt from unreasonable search and seizures. Section 3: Officers - Officers of the Murakush Caliphate shall be responsible for the execution of Ecclesiastical Governmental Functions and shall have the same unalienable Rights of every man, woman and child who is a member of the Murakush Caliphate of Amexem. Officers shall also have the right to Life, right to maintain Property, Liberty and pursuit of Happiness, and shall be exempt from unreasonable search and seizures.

Section 4: Nationals – Nationals of the Murakush Caliphate of Amexem shall be responsible for the commercial vitality of the Murakush Caliphate of Amexem and shall have the same unalienable Rights of every man, woman and child who is a member of the Murakush Caliphate of Amexem. Nationals shall also have the right to Life, right to maintain Property, Liberty and pursuit of Happiness, and shall be exempt from unreasonable search and seizures. Section 5: Citizens – Citizens of the Murakush Caliphate of Amexem shall be responsible for the commercial strength of the Murakush Caliphate of Amexem and shall have the same unalienable Rights of every man, woman and child who is a member of the Murakush Caliphate of Amexem. Citizens shall also have the right to Life, right to maintain Property, Liberty and pursuit of Happiness, and shall be exempt from unreasonable search and seizures. ARTICLE 13 – Tribunal & Courts

Section 1: The Murakush Caliphate of Amexem hereby creates and Authorizes the Murakush Imperial Court For Justice a subsidiary compartment of the Murakush Imperial Court For Justice. Section 2: The Murakush Imperial Court for Justice shall have Original and Supreme, Personam, and Subject Matter Jurisdiction over any matter of controversy arising out of any matter involving any Member of the Murakush Caliphate of Amexem. ARTICLE 14 – Miscellaneous Provisions Section 1. Checks: All checks or demands for money and notes of the Temple shall be signed by such manager or managers as the Chamber of Officers may from time to time designate. Section 2. Fiscal Year: The fiscal year shall begin on the first day of the Spring Season. Section 3. Notice: Whenever written notice is required to be given to any person, it may be given to such person, either personally or by sending a copy thereof through the mail, by fax, or by e-mail, charges prepaid, to His/Her mailing address appearing on the books of the Temple, or supplied by him to the Temple for the purpose of notice. If the notice is sent by mail, fax or by email, it shall be deemed to have been given to the Person entitled thereto when deposited in the postal mail, shipping service, faxed or with a telegraph office for transmission to such person. Such notice shall specify the place, day and hour of the meeting and, in the case of a Special Meeting of M.I.T.A. Trust Holders in Due Course, the general nature of the business to be transacted.

Section 4. Waiver of Notice: Whenever any written notice is required by The Laws of the Murakush Society, or by the Certificate or the Laws of this Temple a waiver Thereof in writing, signed by the person or persons entitled to such Notice, whether before or after the time stated therein, shall be deemed Equivalent to the giving of such notice. Except in the case of a Special Meeting of Grand Body, neither the business to be transacted at nor the purpose of the meeting need be

specified in the waiver of notice of such Meeting. attendance of a person either in person or by proxy, at any meeting shall constitute a waiver of notice of such meeting, except where a person attends a meeting for the express purpose of objecting to the transaction of any business because the meeting was not lawfully called or convened.

Section 5. Disallowed Compensation: Any payments made to a Member, or Contractor of the Temple, such as a salary, commission, bonus, interest, rent, travel or entertainment expense incurred by him. Which shall be disallowed in whole or in part., as a necessary expense, be reimbursed by such a member, or contractor to the Temple to the full extent of such disallowance. It shall be the duty of the Nobles, Ministers, & Officers as a Chamber, to enforce payment of each such amount disallowed. In lieu of payment by the member or contractor, subject to the determination of the Nobles, Ministers, & Officers proportionate amounts may be withheld from His future compensation payments until the amount owed to the Temple Has been recovered. Section 6. Resignations: Any director, operator, financier or other member may resign at anytime, such resignation to be in writing, and to take effect from the time of its receipt by the Temple, unless some time be fixed in the resignation and then from that date. The acceptance of a resignation shall not be required to make it effective. Section 7. Conflict of Interest: Any matter or situation involving any member of the Murakush Caliphate of Amexem, or the Murakush Caliphate of Amexem itself, that is in the nature of a conflict of interest with the intentions and interest in the Murakush Caliphate of Amexem must be brought to the Qazi of the Murakush Caliphate of Amexem, in which case the Qazi shall make findings and rulings on such matters. Section 8. Dissolution: Upon any time wherein which the Murakush Caliphate of Amexem is to be dissolved. A Grand Body meeting shall be held to determine all outstanding MITA Trust Certificate due for redemption, and all remaining business be brought to a close at such meeting, which shall be determined by the Grand Body. ARTICLE 15 – Annual Provisions

Section 1. The Sheik Temple Director and Chamber of Nobles, and Chamber of Ministers, and Chamber of Officers, The Sheik Temple Managers and Chamber of Temple Managers shall present at each annual meeting a full and complete statement of the business and affairs of The Temple for the preceding year. Such statement shall be prepared and presented in whatever manner the Chamber of Nobles, the Chamber of Ministers, the Chamber of Officers shall deem advisable and need not be verified by a certified public accountant.

ARTICLE 16 -- Amendments Section 1. These By-Laws may be amended or repealed by the vote of Grand Body entitled to cast at least a majority of the votes which all Chambers in the Grand Body are entitled to cast thereon, at any regular or Special Meeting of the Grand Body, duly convened after notice to the Grand Body of that purpose.

ALWAYS IN HONOR!

Kaliph Shyaam Mutota Kushimir El – El Sanguine Amerate, Mauritius Islands Sultanate, North Amexem Khalifates,