Was the United States a Corporation in 1871? Debunking the Myth
The persistent claim that the United States became a corporation in 1871 has sparked debate and controversy. This essay aims to dispel the myth by examining the historical evidence and legal documents that refute this assertion. Whether you are a researcher, a critic, or simply curious, this article provides a comprehensive look at the historical context and legal implications.
Context of the Claims
Claims that the United States is a corporation have been circulating with increasing frequency. The range of responses indicates that some have engaged in extensive research, while others are simply repeating unverified information. It is important to critically analyze the sources, as unverified claims can be misleading. I urge readers to verify information by reading the actual documents cited, rather than relying on second-hand information or emotionally-driven reactions.
Historical Evidence: The Treaty of Paris 1783
The claim that the United States is a corporation finds some support in historical documents, particularly in the Treaty of Paris signed in 1783. According to this document, Prince George III referred to the United States of America (USA) as his kingdom, while the term 'said United States' (U.S.) was used to denote the corporation. This distinction is crucial for understanding the legal statuses involved.
According to The Avalon Project at Yale Law School, the Treaty of Paris mentions the 'United States of America,' capitalized, as a country, while 'said United States,' not capitalized, refers to a corporation. This creates a clear distinction between the political entity and the corporate body.
Evidence from Legal Documents
1. Treaty of 1782: The Treaty of 1782 (also known as the Peace Treaty between the United States and Britain) denotes a corporate entity as 'said United States' signs. This term is used differently than 'United States' in the 1783 Treaty, indicating a distinction in legal status.
2. Treaty of 1778: This treaty is interesting as it marks the first use of the phrase 'said United States.' The treaty's content indicates a corporate borrowing from the French, suggesting the beginning of a corporate entity separate from the political entity.
3. The Preamble of the U.S. Constitution: In the U.S. Constitution, the phrase 'We the People of the United States U.S... and our Posterity do ordain and establish this Constitution for the United States of America USA' clearly delineates between the political entity (We the People) and the corporate entity (United States of America).
Historical Understanding and Legal Precedents
Understanding the historical context requires a multi-faceted approach. The Treaty of Paris 1783 shows a distinct use of language to differentiate between the country and the corporate entity. This differentiation was likely made to clarify the terms of the treaty and the legal status of the entity in question.
The language used in the U.S. Constitution further reinforces this distinction. The preamble and office of the President (Section 2) explicitly mention the 'United States of America USA,' highlighting the recognition of the corporate entity.
Conclusion
The claim that the United States became a corporation in 1871 does not hold water when examined in light of historical documents and legal precedents. The use of different terms to denote the political entity (United States of America) and the corporate entity (said United States) in treaties and the Constitution clearly indicates a distinct legal status for each.
As citizens and legal researchers, it is crucial to verify claims through primary sources. The Treaty of Paris 1783 and the language in the U.S. Constitution provide the necessary evidence to refute the claim that the United States became a corporation in 1871.