I am Having Trouble This Morning with A Few Definitions
The first definition I am having trouble with is Treason. In Article 3 Section 3 Treason is defined as:
Treason against the United States, shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.
The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture except during the life of the person attained.
The reason I ask is because of an Indian treaty I found dated October 7, 1861. It is apparent an Indian Tribe took up arms against the United States and gave the enemies of the United States aid and comfort.
That same treaty in Article 2 and Article 5 specify that they are no longer under the authority of the United States but under the authority of another sovereign government.
The next definition I am having trouble with is "INSUFFICIENT" in the legal sense. Black’s Law dictionary defines it as: “Not sufficient; inadequate to some need, purpose, or use; wanting in needful value, ability, or fitness; incompetent; unfit, as insufficient food; insufficient means. It is the antonym of "sufficient."”
The reason I ask is because of a treaty dated July 19, 1866 which states in its preamble, “Whereas existing treaties between the United States and (Name Withheld so as not to seem I am openly attacking them in case Congress is looking) are deemed to be insufficient, the said contracting parties agree as follows, viz:”
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Here is my burning question concerning the two treaties. Can a tribe which commits treason for FIVE years (1861 – 1866) against the United States, and then is given amnesty by the United States for their actions in the same treaty of 1866 which states, “Whereas existing treaties between the United States and (Name Withheld) are deemed to be insufficient, the said contracting parties agree as follows, viz:”
Can this Tribe actually believe all of their previous treaties with the Untied States are in full force after the 1866 Treaty plainly says the existing treaties are INSUFFICIENT?
Congress must begin asking themselves about this tribe and their claims to treaties prior to 1866 that they agree to in 1866 are “insufficient” as treaties.