Slavery not only has a physical structure but it also has a mental structure. Unfortunately, the mindset of virtually all Blacks extends to the plantation itself and the custodial rights and obligations of the “slavemaster”. We only have, at the very least, a physical definition of slavery. This definition is within Black’s Law Dictionary:
Although the Thirteenth Amendment of the U.S. Constitution fails to mention “badge of slavery”, it is mentioned but not properly and exhaustively defined in Black’s Law Dictionary:
1. Strictly, a legal disability suffered by a slave, such as the inability to vote or to own property. 2. Broadly, any act of racial discrimination –public or private– that Congress can prohibit under the 13th Amendment.
When the Thirteenth Amendment was ratified in 1865, it was the clear intent of Congress to ban all forms of racial discrimination –public and private. There was no need for either the Fourteenth Amendment (state action) or the Fifteenth Amendment (right to vote). Those constitutional amendments have had the effect, if not the intent, of undermining the Thirteenth Amendment.
The “Founding Fathers” saw no need to incorporate a citizenship clause in the U.S. Constitution. At the time, every white man wore a “badge of citizenship”. The doctrines of jus soli and jus sanguinis were of no moment in ascertaining citizenship. White maleness did the trick.
Since citizenship arises out of a political philosophy, the Fourteenth and Fifteenth amendments had to be dismantled before the ink had dried on those documents. For example, the Civil Rights Act of 1866 was unknown in the civil rights law until 1968. It is amazing that this law was hidden in “plain view” for over a century.
In the meantime, the U.S. Supreme Court invalidated the Civil Rights Act of 1875 in the Civil Rights Cases (1883) even though it mentioned that Congress could not only invalidate slavery but also all “badges of slavery”. Hypocritically, the “High Court” chose to narrow the construction of the Thirteenth Amendment. This construction limited its enforcement.
This was a signal to “civil rights” lawyers that they should only rely on the Fourteenth Amendment and the Fifteenth Amendment to end Jim Crow. Civil rights lawyers have been engaged in judicial “ping pong” since 1883. The Ninth Circuit Court of Appeals told civil rights lawyers in Cato v. United States that they should consider employing the Thirteenth Amendment, for example, to secure reparations.
Through my questioning of law enforcement agents from the New York Police Department about the unlawful and unsolicited seizure of some “members” of the “Central Park 7″, these agents admitted that they employed the prohibition against an unlawful assembly to seize these youth. These “stop, frisk, question and arrest” arose out of the state’s slave code.
They simply observed at least three Black and Latino youth peacefully assembled outside the park. These arrests were illegal ab initio. Justice Thomas Galligan refused to enforce the Thirteenth Amendment because the arrests were based on “badges of slavery”.
In the Marla Hanson complaint, Marla Hanson had been slashed in the face and a white person later observed two Black males running through Hell’s Kitchen. He called “911” to report two Black males simply running through his neighborhood. This was a crime in his “book”. Members of the NYPD would later seize those males without probable cause. It was also a crime in the NYPD “handbook”.
When Hanson returned to a local bar with a slashed and bloody face, she told the bartender that “white” Steve had slashed her without referring to his race. The bartender knew “white” Steve. The police would later determine that “Black” Steve knew “white” Steve but not the bartender.
Hanson would later accuse “Black” Steve of slashing her face. “White” Steve was only “guilty” of solicitation. “Black” Steve wore a “badge of slavery”. Black” Steve would not only do hard labor in New York’s prison system but he would also die in prison. No Negro had a right to slash the face of a white woman.
John White is a homeowner in Suffolk County, NY. Late at night in August 2006, a white mob threatened to rape his wife and kill his son. White killed one of the white trespassers. The police arrested White and, afterwards, he was prosecuted and convicted of manslaughter and wrongfully sent to prison.
An intermediate appellate court ruled that White had an obligation to dial “911” and wait for the police. This jury instruction was wrong. White had failed to dial 911 or to wait for the police. It is forbidden for a Black person to use any semblance of force against a white person. There is no right of self-defense in New York in favor of a Black person and against a white person. This is a “badge of slavery”. The conviction was affirmed.
New York has two sets of books and it operates a dual system of justice. Like Florida, New York has a “Stand Your Ground” law which only favors whites. It is silent but deadly for Blacks. Moreover, no prosecutor is going to indict a white person for homicide if he or she harbors any fear of a Black person.
On February 2, 2012, P.O. Richard haste followed Ramarley Graham into his home. Haste observed no weapon and he lacked a warrant of any kind. No weapon was found in the home. Under New York law, this is second-degree murder. A Bronx grand jury only indicted Haste for manslaughter.
A “justice” in the Bronx County Supreme Court dismissed the indictment on May 15, 2013 on allegedly, flawed, grand jury instructions. The “justice” believed that the grand jury should have considered any information that those police officers may have transmitted to Haste. When Haste trespassed into Graham’s home, warrantless, he observed no gun. Haste had made a mistake which is no defense under the law.
This mistake did not justify Haste taking Graham’s life, however. Although Graham may not have been in possession of a gun, he was wearing a” badge of slavery”. This “badge of slavery” was sufficient for a white cop, acting under state law, to take the life of any Black person.
A police officer fatally shot a Black policeman, Omar Edwards, in the back with impunity in Harlem. He was also wearing a “badge of slavery”. This prompted the NYPD and the local district attorney’s office to engage in a cover-up. This required the local district attorney’s office to engage in a cover-up.
There is no relevant statute of limitations in New York. An independent, political party and not a “civil rights” organization is needed to address “badges of slavery”. The governor can appoint a special prosecutor. He can ignore a civil rights organization but he must consider the petition of a political party.
O.J. Simpson is like Audie Murphy. Both were given a chest full of badges. Murphy earned his badges during World War Two. Simpson acquired his badges under the laws of intestate succession. Murphy wore badges of honor. Simpson wears “badges of slavery” but he suffers from hallucinations.
Now, he is looking at the world from behind bars. At his self-help trial, the defense lawyer failed to enter a plea of insanity. This constitutes ineffective assistance of counsel which violates the Sixth Amendment of the U.S. Constitution. Simpson should be headed home soon. I hope that he has learned a valuable lesson about the “badges of slavery”.
Tawana Brawley is the victim of “involuntary servitude” in violation of the Thirteenth Amendment of the U.S. Constitution because judicial officers, acting under color of law, filed false instruments against her in both New York and Virginia. White supremacy must win at all costs.
The filing of a false instrument in New York is a felony but a district attorney or a prosecutor can exercise prosecutorial discretion and immunize the suspects. It is still a felony, however. Blacks refuse to establish a political party and put their own in charge of the district attorney’s office. This would shrink the prison-industrial complex.
Bouvier Law Dictionary defines “badge of slavery” as follows:
A persistent condition that evokes the past burden of slavery. A badge of slavery is any burden or disability, whether it originates in law or social custom that was associated or persists to limit the freedom of a person whose ancestors were in slavery.
Bouvier Law Dictionary defines “involuntary servitude” as follows:
Employment that is physically or legally coerced. Involuntary servitude occurs when a victim is forced to work for a person or entity by the use of threat of physical restraint or physical injury, including the use of threat or coercion through law or the legal process, or the use of fear of such means …. (Emphasis supplied)
The requirement of involuntary servitude from another is a crime in the United States, unless the requirement is pursuant to a lawful sentence of the person for a crime for which such service is a legal punishment. The Federal offense allows imprisonment for life if the servitude involves kidnapping or the death of the victim. (Emphasis supplied)
It is well-settled that the executive branch of either the federal government or any state government refuses to enforce laws in favor of Blacks and against whites. This is in line with Dred Scott. The United States Supreme Court gives this spin to all civil rights laws. Slavery is the sum of its parts. Therefore, slavery is the denominator and the numerator is the “badges of slavery”.
I spent my legal career practicing law as a “private attorney general” since Blacks refuse to establish their own political party and elect Blacks as heads of district attorneys’ offices to exercise prosecutorial discretion in favor of innocent Blacks or Blacks who act with legal justification. Nonetheless, a “private attorney general” is no substitute for an independent, political party.
It took the Liberty Party and, afterwards, the Free Soil Party to break the chains of chattel slavery. The “plea bargain” did not extend to “forty acres and a mule”. Blacks must sit at the bargaining table instead of white abolitionists. This can only happen through a Black-led and Black-financed political party. Bargaining is the sine qua non of capitalism.