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Taken from KeelyNet BBS (214) 324-3501
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files on KeelyNet except where noted!
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January 30,1994
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13THAMEN.ASC
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--------------------------------------------------------------------
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This file shared with KeelyNet courtesy of Double Helix BBS.
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--------------------------------------------------------------------
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From: TODD ROURKE Date : 10-10-93 (14:40)
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To : ALL Number: 9520 [59] Law
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Subj: MISSING 13TH 1/13 Status: Public
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--------------------------------------------------------------------
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The Missing 13th Amendment: "TITLES OF NOBILITY" AND "HONOR"
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David Dodge, Researcher
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Alfred Adask, Editor
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Reprinted with permission from the AntiShyster, POB 540786,
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Dallas, Texas 75354, annual subscription $25.00.
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|
In the winter of 1983, archival research expert David Dodge, and
|
||
|
former Baltimore police investigator Tom Dunn, were searching for
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||
|
evidence of government corruption in public records stored in the
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Belfast Library on the coast of Maine. By chance, they discovered
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the library's oldest authentic copy of the Constitution of the
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|
United States (printed in 1825). Both men were stunned to see this
|
||
|
document included a 13th Amendment that no longer appears on current
|
||
|
copies of the Constitution. Moreover, after studying the
|
||
|
Amendment's language and historical context, they realized the
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||
|
principle intent of this "missing" 13th Amendment was to prohibit
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|
lawyers from serving in government.
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So began a seven year, nationwide search for the truth surrounding
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||
|
the most bizarre Constitutional puzzle in American history -- the
|
||
|
unlawful removal of a ratified Amendment from the Constitution of
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||
|
the United States. Since 1983, Dodge and Dunn have uncovered
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||
|
additional copies of the Constitution with the "missing" 13th
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|
Amendment printed in at least eighteen separate publications by ten
|
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|
different states and territories over four decades from 1822 to
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|
1860.
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|
|
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|
In June of this year, Dodge uncovered the evidence that this missing
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||
|
13th Amendment had indeed been lawfully ratified by the state of
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|
Virginia and was therefore an authentic Amendment to the American
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||
|
Constitution. If the evidence is correct and no logical errors have
|
||
|
been made, a 13th Amendment restricting lawyers from serving in
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|
government was ratified in 1819 and removed from our Constitution
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during the tumult of the Civil War.
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Since the Amendment was never lawfully repealed, it is still the Law
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Page 1
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today. The implications are enormous.
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|
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|
The story of this "missing" Amendment is complex and at times
|
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|
confusing because the political issues and vocabulary of the
|
||
|
American Revolution were different from our own. However, there are
|
||
|
essentially two issues: What does the Amendment mean? and, Was the
|
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|
Amendment ratified? Before we consider the issue of ratification, we
|
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|
should first understand the Amendment's meaning and consequent
|
||
|
current relevance.
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||
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|
||
|
MEANING of the 13th Amendment
|
||
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|
||
|
The "missing" 13th Amendment to the Constitution of the United
|
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|
States reads as follows:
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|
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|
"If any citizen of the United States shall accept, claim,
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||
|
receive, or retain any title of nobility or honour, or shall
|
||
|
without the consent of Congress, accept and retain any present,
|
||
|
pension, office, or emolument of any kind whatever, from any
|
||
|
emperor, king, prince, or foreign power, such person shall cease
|
||
|
to be a citizen of the United States, and shall be incapable of
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||
|
holding any office of trust or profit under them, or either of
|
||
|
them." [Emphasis added.}
|
||
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|
||
|
At the first reading, the meaning of this 13th Amendment (also
|
||
|
called the "title of nobility" Amendment) seems obscure,
|
||
|
unimportant. The references to "nobility", "honour", "emperor",
|
||
|
"king", and "prince" lead us to dismiss this amendment as a petty
|
||
|
post-revolution act of spite directed against the British monarchy.
|
||
|
But in our modern world of Lady Di and Prince Charles, anti-royalist
|
||
|
sentiments seem so archaic and quaint, that the Amendment can be
|
||
|
ignored.
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||
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|
Not so.
|
||
|
|
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|
Consider some evidence of its historical significance: First,
|
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|
"titles of nobility" were prohibited in both Article VI of the
|
||
|
Articles of Confederation (1777) and in Article I, Sect. 9 of the
|
||
|
Constitution of the United States (1778); Second, although already
|
||
|
prohibited by the Constitution, an additional "title of nobility"
|
||
|
amendment was proposed in 1789, again in 1810, and according to
|
||
|
Dodge, finally ratified in 1819. Clearly, the founding fathers saw
|
||
|
such a serious threat in "titles of nobility" and "honors" that
|
||
|
anyone receiving them would forfeit their citizenship. Since the
|
||
|
government prohibited "titles of nobility" several times over four
|
||
|
decades, and went through the amending process (even though "titles
|
||
|
of nobility" were already prohibited by the Constitution), it's
|
||
|
obvious that the Amendment carried much more significance for our
|
||
|
founding fathers than is readily apparent today.
|
||
|
|
||
|
HISTORICAL CONTEXT
|
||
|
|
||
|
To understand the meaning of this "missing" 13th Amendment, we must
|
||
|
understand its historical context -- the era surrounding the
|
||
|
American Revolution.
|
||
|
|
||
|
We tend to regard the notion of "Democracy" as benign, harmless, and
|
||
|
politically unremarkable. But at the time of the American
|
||
|
Revolution, King George III and the other monarchies of Europe saw
|
||
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|
||
|
Page 2
|
||
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|
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|
||
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|
||
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|
||
|
|
||
|
Democracy as an unnatural, ungodly ideological threat, every bit as
|
||
|
dangerously radical as Communism was once regarded by modern Western
|
||
|
nations. Just as the 1917 Communist Revolution in Russia spawned
|
||
|
other revolutions around the world, the American Revolution provided
|
||
|
an example and incentive for people all over the world to overthrow
|
||
|
their European monarchies.
|
||
|
|
||
|
Even though the Treaty of Paris ended the Revolutionary War in 1783,
|
||
|
the simple fact of our existence threatened the monarchies. The
|
||
|
United States stood as a heroic role model for other nations, that
|
||
|
inspired them to also struggle against oppressive monarchies. The
|
||
|
French Revolution (1789-1799) and the Polish national uprising
|
||
|
(1794) were in part encouraged by the American Revolution. Though
|
||
|
we stood like a beacon of hope for most of the world, the monarchies
|
||
|
regarded the United States as a political typhoid Mary, the
|
||
|
principle source of radical democracy that was destroying monarchies
|
||
|
around the world. The monarchies must have realized that if the
|
||
|
principle source of that infection could be destroyed, the rest of
|
||
|
the world might avoid the contagion and the monarchies would be
|
||
|
saved.
|
||
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|
||
|
Their survival at stake, the monarchies south to destroy or subvert
|
||
|
the American system of government. Knowing they couldn't destroy us
|
||
|
militarily, they resorted to more covert methods of political
|
||
|
subversion, employing spies and secret agents skilled in bribery and
|
||
|
legal deception -- it was, perhaps, the first "cold war". Since
|
||
|
governments run on money, politicians run for money, and money is
|
||
|
the usual enticement to commit treason, much of the monarchy's
|
||
|
counter-revolutionary efforts emanated from English banks.
|
||
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|
||
|
DON'T BANK ON IT
|
||
|
(Modern Banking System)
|
||
|
|
||
|
The essence of banking was once explained by Sir Josiah Stamp, a
|
||
|
former president of the Bank of England:
|
||
|
|
||
|
"The modern banking system manufactures money out of nothing. The
|
||
|
process is perhaps the most astounding piece of sleight of hand that
|
||
|
was ever invented. Banking was conceived in inequity and born in
|
||
|
sin... Bankers own the earth. Take it away from them but leave
|
||
|
them the power to create money, and, with a flick of a pen, they
|
||
|
will create enough money to buy it back again... Take this great
|
||
|
power away form them and all great fortunes like mine will
|
||
|
disappear, for then this would be a better and happier world to live
|
||
|
in... But, if you want to continue to be the slaves of bankers and
|
||
|
pay the cost of your own slavery, then let bankers continue to
|
||
|
create money and control credit." The last great abuse of our
|
||
|
banking system caused the depression of the 1930's. Today's abuses
|
||
|
may cause another. Current S&L and bank scandals illustrate the on-
|
||
|
going relationships between banks, lawyers, politicians, and
|
||
|
government agencies (look at the current BCCI bank scandal,
|
||
|
involving lawyer Clark Clifford, politician Jimmy Carter, the
|
||
|
Federal Reserve, the FDIC, and even the CIA). These scandals are
|
||
|
the direct result of years of law-breaking by an alliance of bankers
|
||
|
and lawyers using their influence and money to corrupt the political
|
||
|
process and rob the public. (Think you're not being robbed? Guess
|
||
|
who's going to pay the bill for the excesses of the S&L's, taxpayer?
|
||
|
You are.)
|
||
|
|
||
|
|
||
|
Page 3
|
||
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|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
The systematic robbery of productive individuals by parasitic
|
||
|
bankers and lawyers is not a recent phenomenon. This abuse is a
|
||
|
human tradition that predates the Bible and spread from Europe to
|
||
|
America despite early colonial prohibitions.
|
||
|
|
||
|
When the first United States Bank was chartered by Congress in 1790,
|
||
|
there were only three state banks in existence. At one time, banks
|
||
|
were prohibited by law in most states because many of the early
|
||
|
settlers were all too familiar with the practices of the European
|
||
|
goldsmith banks.
|
||
|
|
||
|
Goldsmith banks were safe-houses used to store client's gold.
|
||
|
In exchange for the deposited gold, customers were issued notes
|
||
|
(paper money) which were redeemable in gold. The goldsmith bankers
|
||
|
quickly succumbed to the temptation to issue "extra" notes,
|
||
|
(unbacked by gold). Why? Because the "extra" notes enriched the
|
||
|
bankers by allowing them to buy property with notes for gold that
|
||
|
they did not own, gold that did not even exist.
|
||
|
|
||
|
Colonists knew that bankers occasionally printed too much paper
|
||
|
money, found themselves over-leveraged, and caused a "run on the
|
||
|
bank". If the bankers lacked sufficient gold to meet the demand,
|
||
|
the paper money became worthless and common citizens left holding
|
||
|
the paper were ruined. Although over-leveraged bankers were
|
||
|
sometime hung, the bankers continued printing extra money to
|
||
|
increase their fortunes at the expense of the productive members of
|
||
|
society. (The practice continues to this day, and offers
|
||
|
"sweetheart" loans to bank insiders, and even provides the
|
||
|
foundation for deficit spending and our federal government's
|
||
|
unbridled growth.)
|
||
|
|
||
|
PAPER MONEY
|
||
|
|
||
|
If the colonists forgot the lessons of goldsmith bankers, the
|
||
|
American Revolution refreshed their memories. To finance the war,
|
||
|
Congress authorized the printing of continental bills of credit in
|
||
|
an amount not to exceed $200,000,000. The States issued another
|
||
|
$200,000,000 in paper notes. Ultimately, the value of the paper
|
||
|
money fell so low that they were soon traded on speculation from
|
||
|
5000 to 1000 paper bills for one coin.
|
||
|
|
||
|
It's often suggested that our Constitution's prohibition against a
|
||
|
paper economy -- "No State shall... make any Thing but gold and
|
||
|
silver Coin a tender in Payment of Debts" -- was a tool of the
|
||
|
wealthy to be worked to the disadvantage of all others. But only in
|
||
|
a "paper" economy can money reproduce itself and increase the claims
|
||
|
of the wealthy at the expense of the productive.
|
||
|
|
||
|
"Paper money," said Pelatiah Webster, "polluted the equity of our
|
||
|
laws, turned them into engines of oppression, corrupted the justice
|
||
|
of our public administration, destroyed the fortunes of thousands
|
||
|
who had confidence in it, enervated the trade, husbandry, and
|
||
|
manufactures of our country, and went far to destroy the morality of
|
||
|
our people."
|
||
|
|
||
|
CONSPIRACIES
|
||
|
|
||
|
A few examples of the attempts by the monarchies and banks that
|
||
|
almost succeeded in destroying the United States:
|
||
|
|
||
|
Page 4
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
According to the Tennessee Laws (1715-1320, vol. II, p. 774), in the
|
||
|
1794 Jay Treaty, the United States agreed to pay 600,000 pounds
|
||
|
sterling to King George III, as reparations for the American
|
||
|
revolution. The Senate ratified the treaty in secret session and
|
||
|
ordered that it not be published. When Benjamin Franklin's grandson
|
||
|
published it anyway, the exposure and resulting public up-roar so
|
||
|
angered the Congress that it passed the Alien and Sedition Acts
|
||
|
(1798) so federal judges could prosecute editors and publishers for
|
||
|
reporting the truth about the government.
|
||
|
|
||
|
Since we had won the Revolutionary War, why would our Senators agree
|
||
|
to pay reparations to the loser? And why would they agree to pay
|
||
|
600,000 pounds sterling, eleven years after the war ended? It
|
||
|
doesn't make sense, especially in light of Senate's secrecy and
|
||
|
later fury over being exposed, unless we assume our Senators had
|
||
|
been bribed to serve the British monarchy and betray the American
|
||
|
people. That's subversion.
|
||
|
|
||
|
The United States Bank had been opposed by the Jeffersonians
|
||
|
from the beginning, but the Federalists (the pro-monarchy party)
|
||
|
won-out in its establishment. The initial capitalization was
|
||
|
$10,000,000 -- 80% of which would be owned by foreign bankers.
|
||
|
Since the bank was authorized to lend up to $20,000,000 (double its
|
||
|
paid in capital), it was a profitable deal for both the government
|
||
|
and the bankers since they could lend, and collect interest on,
|
||
|
$10,000,000 that didn't exist.
|
||
|
|
||
|
However, the European bankers outfoxed the government and by 1796,
|
||
|
the government owed the bank $6,200,000 and was forced to sell its
|
||
|
shares. (By 1802, our government owned no stock in the United
|
||
|
States Bank.)
|
||
|
|
||
|
The sheer power of the banks and their ability to influence
|
||
|
representative government by economic manipulation and outright
|
||
|
bribery was exposed in 1811, when the people discovered that
|
||
|
european banking interests owned 80% of the bank. Congress
|
||
|
therefore refused to renew the bank's charter. This led to the
|
||
|
withdrawal of $7,000,000 in specie by european investors, which in
|
||
|
turn, precipitated an economic recession, and the War of 1812.
|
||
|
|
||
|
That's destruction.
|
||
|
|
||
|
There are undoubtedly other examples of the monarchy's efforts
|
||
|
to subvert or destroy the United States; some are common knowledge,
|
||
|
others remain to be disclosed to the public. For example, David
|
||
|
Dodge discovered a book called "2 VA LAW" in the Library of Congress
|
||
|
Law Library. According to Dodge, "This is an un-catalogued book in
|
||
|
the rare book section that reveals a plan to overthrow the
|
||
|
constitutional government by secret agreements engineered by the
|
||
|
lawyers. That is one of the reasons why this amendment was ratified
|
||
|
by Virginia and the notification ~lost in the mail.' There is no
|
||
|
public record that this book exists."
|
||
|
|
||
|
That may sound surprising, but according to The Gazette (5/10/91),
|
||
|
"the Library of Congress has 349,402 un-catalogued rare books and
|
||
|
13.9 million un-catalogued rare manuscripts." There may be secrets
|
||
|
buried in that mass of documents even more astonishing than a
|
||
|
missing Constitutional Amendment.
|
||
|
|
||
|
|
||
|
Page 5
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
TITLES OF NOBILITY
|
||
|
|
||
|
In seeking to rule the world and destroy the United States, bankers
|
||
|
committed many crimes. Foremost among these crimes were fraud,
|
||
|
conversion, and plain old theft. To escape prosecution for their
|
||
|
crimes, the bankers did the same thing any career criminal does.
|
||
|
They hired and formed alliances with the best lawyers and judges
|
||
|
money could buy. These alliances, originally forged in Europe
|
||
|
(particularly in Great Britain), spread to the colonies, and later
|
||
|
into the newly formed United States of America.
|
||
|
|
||
|
Despite their criminal foundation, these alliances generated wealth,
|
||
|
and ultimately, respectability. Like any modern member of organized
|
||
|
crime, English bankers and lawyers wanted to be admired as
|
||
|
"legitimate businessmen". As their criminal fortunes grew so did
|
||
|
their usefulness, so the British monarchy legitimized these thieves
|
||
|
by granting them "titles of nobility".
|
||
|
|
||
|
Historically, the British peerage system referred to knights as
|
||
|
"Squires" and to those who bore the knight's shields as "Esquires".
|
||
|
As lances, shields, and physical violence gave way to the more
|
||
|
civilized means of theft, the pen grew mightier (and more
|
||
|
profitable) than the sword, and the clever wielders of those pens
|
||
|
(bankers and lawyers) came to hold titles of nobility. The most
|
||
|
common title was "Esquire" (used, even today, by some lawyers).
|
||
|
|
||
|
INTERNATIONAL BAR ASSOCIATION
|
||
|
|
||
|
In Colonial America, attorneys trained attorneys but most held no
|
||
|
"title of nobility" or "honor". There was no requirement that one
|
||
|
be a lawyer to hold the position of district attorney, attorney
|
||
|
general, or judge; a citizen's "counsel of choice" was not
|
||
|
restricted to a lawyer; there were no state or national bar
|
||
|
associations. The only organization that certified lawyers was the
|
||
|
International Bar Association (IBA), chartered by the King of
|
||
|
England, headquartered in London, and closely associated with the
|
||
|
international banking system. Lawyers admitted to the IBA received
|
||
|
the rank "Esquire" -- a "title of nobility".
|
||
|
|
||
|
"Esquire" was the principle title of nobility which the 13th
|
||
|
Amendment sought to prohibit from the United States. Why? Because
|
||
|
the loyalty of "Esquire" lawyers was suspect. Bankers and lawyers
|
||
|
with an "Esquire" behind their names were agents of the monarchy,
|
||
|
members of an organization whose principle purposes were political,
|
||
|
not economic, and regarded with the same wariness that some people
|
||
|
today reserve for members of the KGB or the CIA.
|
||
|
|
||
|
Article 1, Sect. 9 of the Constitution sought to prohibit the
|
||
|
International Bar Association (or any other agency that granted
|
||
|
titles of nobility) from operating in America. But the Constitution
|
||
|
neglected to specify a penalty, so the prohibition was ignored, and
|
||
|
agents of the monarchy continued to infiltrate and influence the
|
||
|
government (as in the Jay Treaty and the US Bank charter incidents).
|
||
|
Therefore, a "title of nobility" amendment that specified a penalty
|
||
|
(loss of citizenship) was proposed in 1789, and again in 1810. The
|
||
|
meaning of the amendment is seen in its intent to prohibit persons
|
||
|
having titles of nobility and loyalties foreign governments and
|
||
|
bankers from voting, holding public office, or using their skills to
|
||
|
subvert the government.
|
||
|
|
||
|
Page 6
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
HONOR
|
||
|
|
||
|
The missing Amendment is referred to as the "title of nobility"
|
||
|
Amendment, but the second prohibition against "honour" (honor), may
|
||
|
be more significant.
|
||
|
|
||
|
According to David Dodge, Tom Dunn, and Webster's Dictionary, the
|
||
|
archaic definition of "honor" (as used when the 13th Amendment was
|
||
|
ratified) meant anyone "obtaining or having an advantage or
|
||
|
privilege over another". A contemporary example of an "honor"
|
||
|
granted to only a few Americans is the privilege of being a judge:
|
||
|
Lawyers can be judges and exercise the attendant privileges and
|
||
|
powers; non-lawyers cannot.
|
||
|
|
||
|
By prohibiting "honors", the missing Amendment prohibits any
|
||
|
advantage or privilege that would grant some citizens an unequal
|
||
|
opportunity to achieve or exercise political power. Therefore, the
|
||
|
second meaning (intent) of the 13th Amendment was to ensure
|
||
|
political equality among all American citizens, by prohibiting
|
||
|
anyone, even government officials, from claiming or exercising a
|
||
|
special privilege or power (an "honor") over other citizens.
|
||
|
|
||
|
If this interpretation is correct, "honor" would be the key concept
|
||
|
in the 13th Amendment. Why? Because, while "titles of nobility"
|
||
|
may no longer apply in today's political system, the concept of
|
||
|
"honor" remains relevant.
|
||
|
|
||
|
For example, anyone who had a specific "immunity" from lawsuits
|
||
|
which were not afforded to all citizens, would be enjoying a
|
||
|
separate privilege, an "honor", and would therefore forfeit his
|
||
|
right to vote or hold public office. Think of the "immunities" from
|
||
|
lawsuits that our judges, lawyers, politicians, and bureaucrats
|
||
|
currently enjoy. As another example, think of all the "special
|
||
|
interest" legislation our government passes: "special interests"
|
||
|
are simply euphemisms for "special privileges" (honors).
|
||
|
|
||
|
WHAT IF?
|
||
|
(Implications if Restored)
|
||
|
|
||
|
If the missing 13th Amendment were restored, "special interests" and
|
||
|
"immunities" might be rendered unconstitutional. The prohibition
|
||
|
against "honors" (privileges) would compel the entire government to
|
||
|
operate under the same laws as the citizens of this nation. Without
|
||
|
their current personal immunities (honors), our judges and I.R.S.
|
||
|
agents would be unable to abuse common citizens without fear of
|
||
|
legal liability. If this 13th Amendment were restored, our entire
|
||
|
government would have to conduct itself according to the same
|
||
|
standards of decency, respect, law, and liability as the rest of the
|
||
|
nation. If this Amendment and the term "honor" were applied today,
|
||
|
our government's ability to systematically coerce and abuse the
|
||
|
public would be all but eliminated.
|
||
|
|
||
|
Imagine.
|
||
|
|
||
|
Imagine!
|
||
|
|
||
|
A government without special privileges or immunities. How could we
|
||
|
describe it? It would be ... almost like ... a government of the
|
||
|
people ... by the people ... for the people!
|
||
|
|
||
|
Page 7
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
Imagine: a government ... whose members were truly accountable to
|
||
|
the public; a government that could not systematically exploit its
|
||
|
own people!
|
||
|
|
||
|
It's unheard of ... it's never been done before. Not ever in the
|
||
|
entire history of the world.
|
||
|
|
||
|
Bear in mind that Senator George Mitchell of Maine and the National
|
||
|
Archives concede this 13th Amendment was proposed by Congress in
|
||
|
1810. However, they explain that there were seventeen states when
|
||
|
Congress proposed the "title of nobility" Amendment; that
|
||
|
ratification required the support of thirteen states, but since only
|
||
|
twelve states supported the Amendment, it was not ratified. The
|
||
|
Government Printing Office agrees; it currently prints copies of the
|
||
|
Constitution of the United States which include the "title of
|
||
|
nobility" Amendment as proposed, but un-ratified.
|
||
|
|
||
|
Even if this 13th Amendment were never ratified, even if Dodge and
|
||
|
Dunn's research or reasoning is flawed or incomplete, it would still
|
||
|
be an extraordinary story.
|
||
|
|
||
|
Can you imagine, can you understand how close we came to having a
|
||
|
political paradise, right here on Earth? Do you realize what an
|
||
|
extraordinary gift our forebears tried to bequeath us? And how
|
||
|
close we came?
|
||
|
|
||
|
One vote. One state's vote.
|
||
|
|
||
|
The federal government concedes that twelve states voted to ratify
|
||
|
this Amendment between 1810 and 1812. But they argue that
|
||
|
ratification require thirteen states, so the Amendment lays
|
||
|
stillborn in history, unratified for lack of a just one more state's
|
||
|
support.
|
||
|
|
||
|
One vote.
|
||
|
|
||
|
David Dodge, however, says one more state did ratify, and he claims
|
||
|
he has the evidence to prove it.
|
||
|
|
||
|
PARADISE LOST, RATIFICATION FOUND
|
||
|
|
||
|
In 1789, the House of Representatives compiled a list of possible
|
||
|
Constitutional Amendments, some of which would ultimately become our
|
||
|
Bill of Rights. The House proposed seventeen; the Senate reduced
|
||
|
the list to twelve. During this process that Senator Tristrain
|
||
|
Dalton (Mass.) proposed an Amendment seeking to prohibit and provide
|
||
|
a penalty for any American accepting a "title of Nobility" (RG 46
|
||
|
Records of the U.S. Senate). Although it wasn't passed, this was
|
||
|
the first time a "title of nobility" amendment was proposed.
|
||
|
|
||
|
Twenty years later, in January, 1810, Senator Reed proposed another
|
||
|
"Title of Nobility" Amendment (History of Congress, Proceedings of
|
||
|
the Senate, p. 529-530). On April 27, 1810, the Senate voted to
|
||
|
pass this 13th Amendment by a vote of 26 to 1; the House resolved in
|
||
|
the affirmative 87 to 3; and the following resolve was sent to the
|
||
|
States for ratification:
|
||
|
|
||
|
"If any citizen of the United States shall Accept, claim, receive or
|
||
|
retain any title of nobility or honour, or shall, without the
|
||
|
|
||
|
Page 8
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
consent of Congress, accept and retain any present, pension, office
|
||
|
or emolument of any kind whatever, from any emperor, king, prince or
|
||
|
foreign power, such person shall cease to be a citizen of the United
|
||
|
States, and shall be incapable of holding any office of trust or
|
||
|
profit under them, or either of them."
|
||
|
|
||
|
The Constitution requires three-quarters of the states to ratify a
|
||
|
proposed amendment before it may be added to the Constitution. When
|
||
|
Congress proposed the "Title of Nobility" Amendment in 1810, there
|
||
|
were seventeen states, thirteen of which would have to ratify for
|
||
|
the Amendment to be adopted. According to the National Archives,
|
||
|
the following is a list of the twelve states that ratified, and
|
||
|
their dates of ratification:
|
||
|
|
||
|
Maryland, Dec. 25, 1810
|
||
|
Kentucky, Jan. 31, 1811
|
||
|
Ohio, Jan. 31, 1811
|
||
|
Delaware, Feb. 2, 1811
|
||
|
Pennsylvania, Feb. 6, 1811
|
||
|
New Jersey, Feb. 13, 1811
|
||
|
Vermont, Oct. 24, 1811
|
||
|
Tennessee, Nov. 21, 1811
|
||
|
Georgia, Dec. 13, 1811
|
||
|
North Carolina, Dec. 23, 1811
|
||
|
Massachusetts, Feb. 27, 1812
|
||
|
New Hampshire, Dec. 10, 1812
|
||
|
|
||
|
Before a thirteenth state could ratify, the War of 1812 broke out
|
||
|
with England. By the time the war ended in 1814, the British had
|
||
|
burned the Capitol, the Library of Congress, and most of the records
|
||
|
of the first 38 years of government. Whether there was a connection
|
||
|
between the proposed "title of nobility" amendment and the War of
|
||
|
1812 is not known. However, the momentum to ratify the proposed
|
||
|
Amendment was lost in the tumult of war.
|
||
|
|
||
|
Then, four years later, on December 31, 1817, the House of
|
||
|
Representatives resolved that President Monroe inquire into the
|
||
|
status of this Amendment. In a letter dated February 6, 1818,
|
||
|
President Monroe reported to the House that the Secretary of State
|
||
|
Adams had written to the governors of Virginia, South Carolina and
|
||
|
Connecticut to tell them that the proposed Amendment had been
|
||
|
ratified by twelve States and rejected by two (New York and Rhode
|
||
|
Island), and asked the governors to notify him of their
|
||
|
legislature's position. (House Document No. 76)
|
||
|
|
||
|
(This, and other letters written by the President and the
|
||
|
Secretary of State during the month of February, 1818, note
|
||
|
only that the proposed Amendment had not yet been ratified.
|
||
|
However, these letters would later become crucial because,
|
||
|
in the absence of additional information they would be
|
||
|
interpreted to mean the amendment was never ratified).
|
||
|
|
||
|
On February 28, 1818, Secretary of State Adams reported the
|
||
|
rejection of the Amendment by South Carolina. [House Doc. No.
|
||
|
129]. There are no further entries regarding the ratification of
|
||
|
the 13th Amendment in the Journals of Congress; whether Virginia
|
||
|
ratified is neither confirmed nor denied. Likewise, a search
|
||
|
through the executive papers of Governor Preston of Virginia does
|
||
|
not reveal any correspondence from Secretary of State Adams.
|
||
|
|
||
|
Page 9
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
(However, there is a journal entry in the Virginia House that the
|
||
|
Governor presented the House with an official letter and documents
|
||
|
from Washington within a time frame that conceivably includes
|
||
|
receipt of Adams' letter.)
|
||
|
|
||
|
Again, no evidence of ratification; none of denial.
|
||
|
|
||
|
However, on March 10, 1819, the Virginia legislature passed Act No.
|
||
|
280 (Virginia Archives of Richmond, "misc.' file, p. 299 for micro-
|
||
|
film): "Be it enacted by the General Assembly, that there shall be
|
||
|
published an edition of the Laws of this Commonwealth in which shall
|
||
|
be contained the following matters, that is to say: the Constitution
|
||
|
of the united States and the amendments thereto..." This act was the
|
||
|
specific legislated instructions on what was, by law, to be included
|
||
|
in the re-publication (a special edition) of the Virginia Civil
|
||
|
Code. The Virginia Legislature had already agreed that all Acts
|
||
|
were to go into effect on the same day -- the day that the Act to
|
||
|
re-publish the Civil Code was enacted. Therefore, the 13th
|
||
|
Amendment's official date of ratification would be the date of re-
|
||
|
publication of the Virginia Civil Code: March 12, 1819.
|
||
|
|
||
|
The Delegates knew Virginia was the last of the 13 States that were
|
||
|
necessary for the ratification of the 13th Amendment. They also
|
||
|
knew there were powerful forces allied against this ratification so
|
||
|
they took extraordinary measures to make sure that it was published
|
||
|
in sufficient quantity (4,000 copies were ordered, almost triple
|
||
|
their usual order), and instructed the printer to send a copy to
|
||
|
President James Monroe as well as James Madison and Thomas
|
||
|
Jefferson.
|
||
|
|
||
|
(The printer, Thomas Ritchie, was bonded. He was required to be
|
||
|
extremely accurate in his research and his printing, or he would
|
||
|
forfeit his bond.)
|
||
|
|
||
|
In this fashion, Virginia announced the ratification: by
|
||
|
publication and dissemination of the Thirteenth Amendment of the
|
||
|
Constitution.
|
||
|
|
||
|
There is question as to whether Virginia ever formally notified
|
||
|
the Secretary of State that they had ratified this 13th Amendment.
|
||
|
Some have argued that because such notification was not received (or
|
||
|
at least, not recorded), the Amendment was therefore not legally
|
||
|
ratified. However, printing by a legislature is prima facie
|
||
|
evidence of ratification.
|
||
|
|
||
|
Further, there is no Constitutional requirement that the Secretary
|
||
|
of State, or anyone else, be officially notified to complete the
|
||
|
ratification process. The Constitution only requires that three-
|
||
|
fourths of the states ratify for an Amendment to be added to the
|
||
|
Constitution. If three-quarters of the states ratify, the Amendment
|
||
|
is passed. Period. The Constitution is otherwise silent on what
|
||
|
procedure should be used to announce, confirm, or communicate the
|
||
|
ratification of amendments.
|
||
|
|
||
|
Knowing they were the last state necessary to ratify the Amendment,
|
||
|
the Virginians had every right announce their own and the nation's
|
||
|
ratification of the Amendment by publishing it on a special edition
|
||
|
of the Constitution, and so they did.
|
||
|
|
||
|
|
||
|
Page 10
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
Word of Virginia's 1819 ratification spread throughout the States
|
||
|
and both Rhode Island and Kentucky published the new Amendment in
|
||
|
1822. Ohio first published in 1824. Main ordered 10,000 copies of
|
||
|
the Constitution with the 13th Amendment to be printed for use in
|
||
|
the schools in 1825, and again in 1831 for their Census Edition.
|
||
|
Indiana Revised Laws of 1831 published the 13th Article on p. 20.
|
||
|
Northwestern Territories published in 1833. Ohio published in 1831
|
||
|
and 1833. Then came the Wisconsin Territory in 1839; Iowa Territory
|
||
|
in 1843; Ohio again, in 1848; Kansas Statutes in 1855; and Nebraska
|
||
|
Territory six times in a row from 1855 to 1860.
|
||
|
|
||
|
So far, David Dodge has identified eleven different states or
|
||
|
territories that printed the Amendment in twenty separate
|
||
|
publications over forty-one years. And more editions including this
|
||
|
13th Amendment are sure to be discovered. Clearly, Dodge is onto
|
||
|
something.
|
||
|
|
||
|
You might be able to convince some of the people, or maybe even all
|
||
|
of them, for a little while, that this 13th Amendment was never
|
||
|
ratified. Maybe you can show them that the ten legislatures which
|
||
|
ordered it published eighteen times we've discovered (so far)
|
||
|
consisted of ignorant politicians who don't know their amendments
|
||
|
from their ... ahh, articles. You might even be able to convince
|
||
|
the public that our forefathers never meant to "outlaw" public
|
||
|
servants who pushed people around, accepted bribes or special favors
|
||
|
to "look the other way." Maybe. But before you do, there's an
|
||
|
awful lot of evidence to be explained.
|
||
|
|
||
|
THE AMENDMENT DISAPPEARS
|
||
|
|
||
|
In 1829, the following note appears on p. 23, Vol. 1 of the New York
|
||
|
Revised Statutes:
|
||
|
|
||
|
"In the edition of the Laws of the U.S. before referred to,
|
||
|
there is an amendment printed as article 13, prohibiting
|
||
|
citizens from accepting titles of nobility or honor, or
|
||
|
presents, offices, &c. from foreign nations. But, by a
|
||
|
message of the president of the United States of the 4th of
|
||
|
February, 1818, in answer to a resolution of the house of
|
||
|
representatives, it appears that this amendment had been
|
||
|
ratified only by 12 states, and therefore had not been adopted.
|
||
|
See Vol. IV of the printed papers of the 1st session of the 15th
|
||
|
congress, No. 76." In 1854, a similar note appeared in the
|
||
|
Oregon Statutes. Both notes refer to the Laws of the United
|
||
|
States, 1st vol. p. 73 (or 74).
|
||
|
|
||
|
It's not yet clear whether the 13th Amendment was published in Laws
|
||
|
of the United States, 1st Vol., prematurely, by accident, in
|
||
|
anticipation of Virginia's ratification, or as part of a plot to
|
||
|
discredit the Amendment by making is appear that only twelve States
|
||
|
had ratified. Whether the Laws of the United States Vol. 1
|
||
|
(carrying the 13th Amendment) was re-called or made-up is unknown.
|
||
|
In fact, it's not even clear that the specified volume was actually
|
||
|
printed -- the Law Library of the Library of Congress has no record
|
||
|
of its existence.
|
||
|
|
||
|
However, because the notes authors reported no further references to
|
||
|
the 13th Amendment after the Presidential letter of February, 1818,
|
||
|
they apparently assumed the ratification process had ended in
|
||
|
|
||
|
Page 11
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
failure at that time. If so, they neglected to seek information on
|
||
|
the Amendment after 1818, or at the state level, and therefore
|
||
|
missed the evidence of Virginia's ratification. This opinion --
|
||
|
assuming that the Presidential letter of February, 1818, was the
|
||
|
last word on the Amendment -- has persisted to this day.
|
||
|
|
||
|
In 1849, Virginia decided to revise the 1819 Civil Code of Virginia
|
||
|
(which had contained the 13th Amendment for 30 years). It was at
|
||
|
that time that one of the code's revisers (a lawyer named Patton)
|
||
|
wrote to the Secretary of the Navy, William B. Preston, asking if
|
||
|
this Amendment had been ratified or appeared by mistake. Preston
|
||
|
wrote to J. M. Clayton, the Secretary of State, who replied that
|
||
|
this Amendment was not ratified by a sufficient number of States.
|
||
|
This conclusion was based upon the information that Secretary of
|
||
|
State J.Q. Adams had provided the House of Representatives in 1818,
|
||
|
before Virginia's ratification in 1819. (Even today, the
|
||
|
Congressional Research Service tells anyone asking about this 13th
|
||
|
Amendment this same story: that only twelve states, not the
|
||
|
requisite thirteen, had ratified.) However, despite Clayton's
|
||
|
opinion, the Amendment continued to be published in various states
|
||
|
and territories for at least another eleven years (the last known
|
||
|
publication was in the Nebraska territory in 1860).
|
||
|
|
||
|
Once again the 13th Amendment was caught in the riptides of American
|
||
|
politics. South Carolina seceded from the Union in December of
|
||
|
1860, signalling the onset of the Civil War. In March, 1861,
|
||
|
President Abraham Lincoln was inaugurated.
|
||
|
|
||
|
Later in 1861, another proposed amendment, also numbered thirteen,
|
||
|
was signed by President Lincoln. This was the only proposed
|
||
|
amendment that was ever signed by a president. That resolve to
|
||
|
amend read:
|
||
|
|
||
|
"ARTICLE THIRTEEN, No amendment shall be made to the
|
||
|
Constitution which will authorize or give to Congress the
|
||
|
power to abolish or interfere, within any State, with the
|
||
|
domestic institutions thereof, including that of persons held
|
||
|
to labor or service by the laws of said State."
|
||
|
|
||
|
(In other words, President Lincoln had signed a resolve that would
|
||
|
have permitted slavery, and upheld states' rights.) Only one State,
|
||
|
Illinois, ratified this proposed amendment before the Civil War
|
||
|
broke out in 1861.
|
||
|
|
||
|
In the tumult of 1865, the original 13th Amendment was finally
|
||
|
removed from our Constitution. On January 31, another 13th
|
||
|
Amendment (which prohibited slavery in Sect. 1, and ended states'
|
||
|
rights in Sect. 2) was proposed. On April 9, the Civil War ended
|
||
|
with General Lee's surrender. On April 14, President Lincoln (who,
|
||
|
in 1861, had signed the proposed Amendment that would have allowed
|
||
|
slavery and states rights) was assassinated. On December 6, the
|
||
|
"new" 13th Amendment loudly prohibiting slavery (and quietly
|
||
|
surrendering states rights to the federal government) was ratified,
|
||
|
replacing and effectively erasing the original 13th Amendment that
|
||
|
had prohibited "titles of nobility" and "honors".
|
||
|
|
||
|
SIGNIFICANCE OF REMOVAL
|
||
|
|
||
|
To create the present oligarchy (rule by lawyers) which we now
|
||
|
|
||
|
Page 12
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
endure, the lawyers first had to remove the 13th "titles of
|
||
|
nobility" Amendment that might otherwise have kept them in check.
|
||
|
In fact, it was not until after the Civil War and after the
|
||
|
disappearance of this 13th Amendment, that American bar associations
|
||
|
began to appear and exercise political power.
|
||
|
|
||
|
Since the unlawful deletion of the 13th Amendment, the newly
|
||
|
developing bar associations began working diligently to create a
|
||
|
system wherein lawyers took on a title of privilege and nobility as
|
||
|
"Esquires" and received the "honor" of offices and positions (like
|
||
|
district attorney or judge) that only lawyers may now hold. By
|
||
|
virtue of these titles, honors, and special privileges, lawyers have
|
||
|
assumed political and economic advantages over the majority of U.S.
|
||
|
citizens. Through these privileges, they have nearly established a
|
||
|
two-tiered citizenship in this nation where a majority may vote, but
|
||
|
only a minority (lawyers) may run for political office. This two-
|
||
|
tiered citizenship is clearly contrary to Americans' political
|
||
|
interests, the nation's economic welfare, and the Constitution's
|
||
|
egalitarian spirit.
|
||
|
|
||
|
The significance of this missing 13th Amendment and its deletion
|
||
|
from the Constitution is this: Since the amendment was never
|
||
|
lawfully nullified, it is still in full force and effect and is the
|
||
|
Law of the land. If public support could be awakened, this missing
|
||
|
Amendment might provide a legal basis to challenge many existing
|
||
|
laws and court decisions previously made by lawyers who were
|
||
|
unconstitutionally elected or appointed to their positions of power;
|
||
|
it might even mean the removal of lawyers from our current
|
||
|
government system.
|
||
|
|
||
|
At the very least, this missing 13th Amendment demonstrates that two
|
||
|
centuries ago, lawyers were recognized as enemies of the people and
|
||
|
nation. Some things never change.
|
||
|
|
||
|
THOSE WHO CANNOT RECALL HISTORY ....
|
||
|
Heed warnings of Founding Fathers
|
||
|
|
||
|
In his farewell address, George Washington warned of "... change by
|
||
|
usurpation; for through this, in one instance, may be the instru-
|
||
|
ment of good, it is the customary weapon by which free governments
|
||
|
are destroyed."
|
||
|
|
||
|
In 1788, Thomas Jefferson proposed that we have a Declaration of
|
||
|
Rights similar to Virginia's. Three of his suggestions were
|
||
|
"freedom of commerce against monopolies, trial by jury in all cases"
|
||
|
and "no suspensions of the habeas corpus."
|
||
|
|
||
|
No doubt Washington's warning and Jefferson's ideas were dis- missed
|
||
|
as redundant by those who knew the law. Who would have dreamed our
|
||
|
legal system would become a monopoly against freedom when that was
|
||
|
one of the primary causes for the rebellion against King George III?
|
||
|
|
||
|
Yet, the denial of trial by jury is now commonplace in our courts,
|
||
|
and habeas corpus, for crimes against the state, suspended. (By
|
||
|
crimes against the state, I refer to "political crimes" where there
|
||
|
is no injured party and the corpus delicti [evidence] is equally
|
||
|
imaginary.)
|
||
|
|
||
|
The authority to create monopolies was judge-made law by Supreme
|
||
|
|
||
|
Page 13
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
Court Justice John Marshall, et al during the early 1800's. Judges
|
||
|
(and lawyers) granted to themselves the power to declare the acts of
|
||
|
the People "un-Constitutional", waited until their decision was
|
||
|
grandfathered, and then granted themselves a monopoly by creating
|
||
|
the bar associations.
|
||
|
|
||
|
Although Article VI of the U.S. Constitution mandates that executive
|
||
|
orders and treaties are binding upon the states ("... and the Judges
|
||
|
in every State shall be bound thereby, any Thing in the Constitution
|
||
|
or Laws of any State to the Contrary notwithstanding."), the supreme
|
||
|
Court has held that the Bill of Rights is not binding upon the
|
||
|
states, and thereby resurrected many of the complaints enumerated in
|
||
|
the Declaration of Independence, exactly as Thomas Jefferson foresaw
|
||
|
in "Notes on the State of Virginia", Query 17, p. 161, 1784:
|
||
|
|
||
|
"Our rulers will become corrupt, our people careless... the time for
|
||
|
fixing every essential right on a legal basis is [now] while our
|
||
|
rulers are honest, and ourselves united. From the conclusion of
|
||
|
this war we shall be going downhill. It will not then be necessary
|
||
|
to resort every moment to the people for support. They will be
|
||
|
forgotten, therefore, and their rights disregarded. They will
|
||
|
forget themselves, but in the sole faculty of making money, and will
|
||
|
never think of uniting to effect a due respect for their rights.
|
||
|
The shackles, therefore, which shall not be knocked off at the
|
||
|
conclusion of this war, will remain on us long, will be made heavier
|
||
|
and heavier, till our rights shall revive or expire in a
|
||
|
convulsion."
|
||
|
|
||
|
We await the inevitable convulsion.
|
||
|
|
||
|
Only two questions remain: Will we fight to revive our rights? Or
|
||
|
will we meekly submit as our last remaining rights expire,
|
||
|
surrendered to the courts, and perhaps to a "new world order"?
|
||
|
|
||
|
MORE EDITIONS FOUND
|
||
|
|
||
|
As we go to press, I've received information from a researcher in
|
||
|
Indiana, and another in Dallas, who have found five more editions of
|
||
|
statutes that include the Constitution and the missing 13th
|
||
|
Amendment.
|
||
|
|
||
|
These editions were printed by Ohio, 1819; Connecticut (one of the
|
||
|
states that voted against ratifying the Amendment), 1835; Kansas,
|
||
|
1861; and the Colorado Territory, 1865 and 1867.
|
||
|
|
||
|
These finds are important because: 1) they offer independent
|
||
|
confirmation of Dodge's claims; and 2) they extend the known dates
|
||
|
of publication from Nebraska 1860 (Dodge's most recent find), to
|
||
|
Colorado in 1867.
|
||
|
|
||
|
The most intriguing discovery was the 1867 Colorado Territory
|
||
|
edition which includes both the "missing" 13th Amendment and the
|
||
|
current 13th Amendment (freeing the slaves), on the same page. The
|
||
|
current 13th Amendment is listed as the 14th Amendment in the 1867
|
||
|
Colorado edition.
|
||
|
|
||
|
This investigation has followed a labyrinthine path that started
|
||
|
with the questions about how our courts evolved from a temple of the
|
||
|
Bill of Rights to the current star chamber and whether this
|
||
|
|
||
|
Page 14
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
situation had anything to do with retiring chief Justice Burger's
|
||
|
warning that we were "about to lose our constitution". My seven
|
||
|
year investigation has been fruitful beyond belief; the information
|
||
|
on the missing 13th Amendment is only a "drop in the bucket" of the
|
||
|
information I have discovered. Still, the research continues, and
|
||
|
by definition, is never truly complete.
|
||
|
|
||
|
If you will, please check your state's archives and libraries to
|
||
|
review any copies of the Constitution printed prior to the Civil
|
||
|
War, or any books containing prints of the Constitution before 1870.
|
||
|
If you locate anything related to this project we would appreciate
|
||
|
hearing from you so we may properly fulfill this effort of research.
|
||
|
Please send your comments or discoveries to:
|
||
|
|
||
|
*******************************************************************
|
||
|
|
||
|
ARGUMENTS
|
||
|
|
||
|
Imagine a nation which prohibited at least some lawyers from serving
|
||
|
in government. Imagine a government prohibited from writing laws
|
||
|
granting "honors" (special privileges, immunities, or advantages) to
|
||
|
individuals, groups, or government officials. Imagine a government
|
||
|
that could only write laws that applied to everyone, even
|
||
|
themselves, equally.
|
||
|
|
||
|
It's never been done before. Not once.
|
||
|
|
||
|
But it has been tried: In 1810 the Congress of the United States
|
||
|
proposed a 13th Amendment to the Constitution that might have given
|
||
|
us just that sort of equality and political paradise.
|
||
|
|
||
|
The story begins (again) in 1983, when David Dodge and Tom Dunn
|
||
|
discovered an 1825 edition of the Maine Civil Code which contained
|
||
|
the U.S. Constitution and a 13th Amendment which no longer appears
|
||
|
on the Constitution:
|
||
|
|
||
|
If any citizen of the United States shall accept, claim, receive, or
|
||
|
retain any title of nobility or honor, or shall without the consent
|
||
|
of Congress, accept and retain any present, pension, office, or
|
||
|
emolument of any kind whatever, from any emperor, king, prince, or
|
||
|
foreign power, such person shall cease to be a citizen of the United
|
||
|
States, and shall be incapable of holding any office of trust or
|
||
|
profit under them, or either of them. {Emphasis added]
|
||
|
|
||
|
As outlined in the August AntiShyster, this Amendment would have
|
||
|
restricted at least some lawyers from serving in government, and
|
||
|
would prohibit legislators from passing any special interest legis-
|
||
|
lation, tax breaks, or special immunities for anyone, not even
|
||
|
themselves. It might have guaranteed a level of political equality
|
||
|
in this nation that most people can't even imagine.
|
||
|
|
||
|
Since 1983, researchers have uncovered evidence that:
|
||
|
|
||
|
1) The 13th Amendment prohibiting "titles of nobility" and
|
||
|
"honors" appeared in at least 30 editions of the Constitution
|
||
|
of the United States which were printed by at least 14 states
|
||
|
or territories between 1819 and 1867; and
|
||
|
2) This amendment quietly disappeared from the Constitution near
|
||
|
the end of the Civil War.
|
||
|
|
||
|
Page 15
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
Either this Amendment:
|
||
|
|
||
|
1) Was unratified and mistakenly published for almost 50 years;
|
||
|
or
|
||
|
2) Was ratified in 1819, and then illegally removed from the
|
||
|
Constitution by 1867.
|
||
|
|
||
|
If this 13th Amendment was unratified and mistakenly published, the
|
||
|
story has remained unnoticed in American history for over a century.
|
||
|
If so, it's at least a good story -- an extraordinary historical
|
||
|
anecdote.
|
||
|
|
||
|
On the other hand, if Dodge is right and the Amendment was truly
|
||
|
ratified, an Amendment has been subverted from our Constitution. If
|
||
|
so, this "missing" Amendment would still be the Law, and this story
|
||
|
could be one of the most important stories in American History.
|
||
|
|
||
|
Whatever the answer, it's certain that something extraordinary
|
||
|
happened to our Constitution between 1819 and 1867.
|
||
|
|
||
|
PROS AND CONS
|
||
|
(for Ratification)
|
||
|
|
||
|
Of course, there are two sides to this issue. David Dodge, the
|
||
|
principal researcher, argues that this 13th Amendment was ratified
|
||
|
in 1819 and then subverted from the Constitution near the end of the
|
||
|
Civil War. U.S. Senator George Mitchell of Maine, and Mr. Dane
|
||
|
Hartgrove (Acting Assistant Chief, Civil Reference Branch of the
|
||
|
National Archives) have argued that the Amendment was never properly
|
||
|
ratified and only published in error.
|
||
|
|
||
|
There is some agreement. Both sides agree the Amendment was
|
||
|
proposed by Congress in 1810. Both sides also agree that the
|
||
|
proposed Amendment required the support of at least thirteen states
|
||
|
to be ratified. Both sides agree that between 1810 and 1812 twelve
|
||
|
states voted to support ratification.
|
||
|
|
||
|
The pivotal issue is whether Virginia ratified or rejected the
|
||
|
proposed Amendment. Dodge contends Virginia voted to support the
|
||
|
Amendment in 1819, and so the Amendment was truly ratified and
|
||
|
should still be a part of our Constitution. Senator Mitchell and
|
||
|
Mr. Hartgrove disagree, arguing that Virginia did not ratify.
|
||
|
|
||
|
Unfortunately, several decades of Virginia's legislative journals
|
||
|
were misplaced or destroyed (possibly during the Civil War; possibly
|
||
|
during the 1930's). Consequently, neither side has found absolute
|
||
|
proof that the Virginia legislature voted for (or against)
|
||
|
ratification.
|
||
|
|
||
|
A series of letters exchanged in 1991 between David Dodge, Sen.
|
||
|
Mitchell, and Mr. Hartgrove illuminate the various points of
|
||
|
disagreement.
|
||
|
|
||
|
After Dodge's initial report of a "missing" Amendment in the 1825
|
||
|
Maine Civil Code, Sen. Mitchell explained that this edition was a
|
||
|
one-time publishing error: "The Maine Legislature mistakenly
|
||
|
printed the proposed Amendment in the Maine Constitution as having
|
||
|
been adopted. As you know, this was a mistake, as it was not
|
||
|
ratified." Further, "All editions of the Maine Constitution printed
|
||
|
|
||
|
Page 16
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
after 1820 [sic] exclude the proposed amendment; only the originals
|
||
|
contain this error."
|
||
|
|
||
|
Dodge dug deeper, found other editions (there are 30, to date) of
|
||
|
state and territorial civil codes that contained the missing
|
||
|
Amendment, and thereby demonstrated that the Maine publication was
|
||
|
not a "one-time" publishing error.
|
||
|
|
||
|
YES VIRGINIA, THERE IS A RATIFICATION
|
||
|
|
||
|
After examining Dodge's evidence of multiple publications of the
|
||
|
"missing" Amendment, Sen. Mitchell and Mr. Hartgrove conceded the
|
||
|
Amendment had been published by several states and was ratified by
|
||
|
twelve of the seventeen states in the Union in 1810. However,
|
||
|
because the Constitution requires that three-quarters of the states
|
||
|
vote to ratify an Amendment, Mitchell and Hartgrove insisted that
|
||
|
the 13th Amendment was published in error because it was passed by
|
||
|
only twelve, not thirteen States.
|
||
|
|
||
|
Dodge investigated which seventeen states were in the Union at the
|
||
|
time the Amendment was proposed, which states had ratified, which
|
||
|
states had rejected the amendment, and determined that the issue
|
||
|
hung on whether one last state (Virginia) had or had not, voted to
|
||
|
ratify.
|
||
|
|
||
|
After several years of searching the Virginia state archive, Dodge
|
||
|
made a crucial discovery: In Spring of 1991, he found a misplaced
|
||
|
copy of the 1819 Virginia Civil Code which included the "missing"
|
||
|
13th Amendment.
|
||
|
|
||
|
Dodge notes that, curiously, "There is no public record that shows
|
||
|
this book [the 1819 Virginia Civil Code] exists. It is not
|
||
|
catalogued as a holding of the Library of Congress nor is it in the
|
||
|
National Union Catalogue. Neither the state law library nor the law
|
||
|
school in Portland were able to find any trace that this book exists
|
||
|
in any of their computer programs."*1*
|
||
|
|
||
|
Dodge sent photo-copies of the 1819 Virginia Civil Code to Sen.
|
||
|
Mitchell and Mr. Hartgrove, and explained that, "Under legislative
|
||
|
construction, it is considered prima facie evidence that what is
|
||
|
published as the official acts of the legislature are the official
|
||
|
acts." By publishing the Amendment as ratified in an official
|
||
|
publication, Virginia demonstrated:
|
||
|
|
||
|
1) that they knew they were the last state whose vote was
|
||
|
necessary to ratify this 13th Amendment;
|
||
|
2) that they had voted to ratify the Amendment; and
|
||
|
3) that they were publishing the Amendment in a special
|
||
|
edition of their Civil Code as an official notice to the
|
||
|
world that the Amendment had indeed been ratified.
|
||
|
|
||
|
Dodge concluded, "Unless there is competing evidence to the
|
||
|
contrary, it must be held that the Constitution of the United States
|
||
|
was officially amended to exclude from its body of citizens any who
|
||
|
accepted or claimed a title of nobility or accepted any special
|
||
|
favors. Foremost in this category of ex-citizens are bankers and
|
||
|
lawyers."
|
||
|
|
||
|
|
||
|
|
||
|
Page 17
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
RATIONALES
|
||
|
(for Ratification)
|
||
|
|
||
|
Undeterred, Sen. Mitchell wrote that, "Article XIII did not receive
|
||
|
the three-fourths vote required from the states within the time
|
||
|
limit to be ratified." (Although his language is imprecise, Sen.
|
||
|
Mitchell seems to concede that although the Amendment had failed to
|
||
|
satisfy the "time limit", the required three-quarters of the states
|
||
|
did vote to ratify.)
|
||
|
|
||
|
Dodge replies: "Contrary to your assertion.., there was no time
|
||
|
limit for amendment ratification in 1811. Any time limit is now
|
||
|
established by Congress in the Resolves for proposed amendments."
|
||
|
|
||
|
In fact, ratification time limits didn't start until 1917, when
|
||
|
Sect. 3 of the Eighteenth Amendment stated that, "This Article shall
|
||
|
be inoperative unless it shall have been ratified within seven years
|
||
|
from the date of submission ... to the States by Congress." A
|
||
|
similar time limit is now included on other proposed Amendments, but
|
||
|
there was no specified time limit when the 13th Amendment was
|
||
|
proposed in 1810 or ratified in 1819.
|
||
|
|
||
|
Sen. Mitchell remained determined to find some rationale, somewhere,
|
||
|
that would defeat Dodge's persistence. Although Sen. Mitchell
|
||
|
implicitly conceded that his "published by error" and "time limit"
|
||
|
arguments were invalid, he continued to grope for reasons to dispute
|
||
|
the ratification:
|
||
|
|
||
|
"... regardless of whether the state of Virginia did ratify the
|
||
|
proposed Thirteenth Amendment... on March 12, 1819, this
|
||
|
approval would not have been sufficient to amend the
|
||
|
Constitution. In 1819, there were twenty-one states in the
|
||
|
United States and any amendment would have required approval of
|
||
|
sixteen states to amend the Constitution. According to your
|
||
|
own research, Virginia would have only been the thirteenth
|
||
|
state to approve the proposed amendment."
|
||
|
|
||
|
Dodge replies:
|
||
|
|
||
|
"Article V [amendment procedures] of the Constitution is silent
|
||
|
on the question of whether or not the framers meant three-
|
||
|
fourths of the states at the time the proposed amendment is
|
||
|
submitted to the states for ratification, or three-fourths of
|
||
|
the states that exist at some future point in time. Since
|
||
|
only the existing states were involved in the debate and vote
|
||
|
of Congress on the Resolve proposing an Amendment, it is
|
||
|
reasonable that ratification be limited to those States that
|
||
|
took an active part in the Amendment process."
|
||
|
|
||
|
Dodge demonstrated this rationale by pointing out that,
|
||
|
|
||
|
"President Monroe had his Secretary of State... [ask the]
|
||
|
governors of Virginia, South Carolina, and Connecticut, in
|
||
|
January, 1818, as to the status of the amendment in their
|
||
|
respective states. The four new states (Louisiana, Indiana,
|
||
|
Mississippi, and Illinois) that were added to the union
|
||
|
between 1810 and 1818 were not even considered."
|
||
|
|
||
|
From a modern perspective, it seems strange that not all states
|
||
|
|
||
|
Page 18
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
|
||
|
would be included in the ratification process. But bear in mind
|
||
|
that our perspective is based on life in a stable nation that's
|
||
|
added only five new states in this century -- about one every
|
||
|
eighteen years. However, between 1803 and 1821 (when the 13th
|
||
|
Amendment ratification drama unfolded), they added eight states --
|
||
|
almost one new state every two years.
|
||
|
|
||
|
This rapid national growth undoubtedly fostered national attitudes
|
||
|
different from our own. The government had to be filled with the
|
||
|
euphoria of a growing Republic that expected to quickly add new
|
||
|
states all the way to the Pacific Ocean and the Isthmus of Panama.
|
||
|
The government would not willingly compromise or complicate that
|
||
|
growth potential with procedural obstacles; to involve every new
|
||
|
state in each on-going ratification could inadvertently slow the
|
||
|
nation's growth.
|
||
|
|
||
|
For example, if a territory petitioned to join the Union while an
|
||
|
Amendment was being considered, its access to statehood might depend
|
||
|
on whether the territory expected to ratify or reject a proposed
|
||
|
amendment. If the territory was expected to ratify the proposed
|
||
|
Amendment government, officials who favored the Amendment might try
|
||
|
to accelerate the territory's entry into the Union. On the other
|
||
|
hand, those opposed to the Amendment might try to slow or even deny
|
||
|
a particular territory's statehood. These complications could
|
||
|
unnecessarily slow the entry of new states into the nation, or
|
||
|
restrict the nation's ability to pass new Amendments. Neither
|
||
|
possibility could appeal to politicians.
|
||
|
|
||
|
Whatever the reason, the House of Representatives resolved to ask
|
||
|
only Connecticut, South Carolina, and Virginia for their decision
|
||
|
on ratifying the 13th Amendment -- they did not ask for the
|
||
|
decisions of the four new states. Since the new states had
|
||
|
Representatives in the House who did not protest when the resolve
|
||
|
was passed, it's apparent that even the new states agreed that they
|
||
|
should not be included in the ratification process.
|
||
|
|
||
|
In 1818, the President, the House of Representatives, the Secretary
|
||
|
of State, the four "new" states, and the seventeen "old" states, all
|
||
|
clearly believed that the support of just thirteen states was
|
||
|
required to ratify the 13th Amendment. That being so, Virginia's
|
||
|
vote to ratify was legally sufficient to ratify the "missing'
|
||
|
Amendment in 1819 (and would still be so today).
|
||
|
|
||
|
INSULT TO INJURY
|
||
|
|
||
|
Apparently persuaded by Dodge's various arguments and proofs that
|
||
|
the "missing" 13th Amendment had satisfied the Constitutional
|
||
|
requirements for ratification, Mr. Hartgrove (National Archives)
|
||
|
wrote back that Virginia had nevertheless failed to satisfy the
|
||
|
bureaucracy's procedural requirements for ratification:
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"Under current legal provisions, the Archivist of the United States
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is empowered to certify that he has in his custody the correct
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number of state certificates of ratification of a proposed constitu-
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tional amendment to constitute its ratification by the United States
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of America as a whole. In the nineteenth century, that function was
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performed by the Secretary of State. Clearly, the Secretary of State
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never received a certificate of ratification of the title of
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nobility amendment from the Commonwealth of Virginia, which is why
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Page 19
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that amendment failed to become the Thirteenth Amendment to the
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United States Constitution."
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This is an extraordinary admission.
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Mr. Hartgrove implicitly concedes that the 13th Amendment was
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ratified by Virginia and satisfied the Constitution's ratification
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requirements. However, Hartgrove then insists that the ratification
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|
was nevertheless justly denied because the Secretary of State was
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|
not properly notified with a "certificate of ratification". In
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|
other words, the government's last, best argument that the 13th
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|
Amendment was not ratified boils down to this:
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Though the Amendment satisfied Constitutional requirement for
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|
ratification, it is nonetheless missing from our Constitution simply
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|
because a single, official sheet of paper is missing in Washington.
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|
Mr. Hartgrove implies that despite the fact that three-quarters of
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|
the States in the Union voted to ratify an Amendment, the will of
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|
the legislators and the people of this nation should be denied
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|
because somebody screwed up and lost a single "certificate of
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|
ratification". This "certificate" may be missing because either
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|
1) Virginia failed to file a proper notice; or
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|
2) the notice was "lost in the mail; or
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|
3) the notice was lost, unrecorded, misplaced, or intentionally
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|
destroyed, by some bureaucrat in Washington D.C.
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|
This final excuse insults every American's political rights, but
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|
Mr. Hartgrove nevertheless offers a glimmer of hope: If the
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|
National Archives "received a certificate of ratification of the
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title of nobility amendment from the Commonwealth of Virginia, we
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|
would inform Congress and await further developments." In other
|
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|
words, the issue of whether this 13th Amendment was ratified and is,
|
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|
or is not, a legitimate Amendment to the U.S. Constitution, is not
|
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|
merely a historical curiosity -- the ratification issue is still
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|
live.*2*
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|
But most importantly, Hartgrove implies that the only remaining
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|
argument against the 13th Amendment's ratification is a procedural
|
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|
error involving the absence of a "certificate of ratification".
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|
Dodge countered Hartgrove's procedure argument by citing some of the
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|
ratification procedures recorded for other states when the 13th
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|
Amendment was being considered. He notes that according to the
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|
Journal of the House of Representatives. 11th Congress, 2nd
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|
Session, at p. 241, a "letter" (not a "certificate of ratification")
|
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|
from the Governor of Ohio announcing Ohio's ratification was
|
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|
submitted not to the Secretary of State but rather to the House of
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|
Representatives where it "was read and ordered to lie on the table."
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|
Likewise, "The Kentucky ratification was also returned to the House,
|
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|
while Maryland's earlier ratification is not listed as having been
|
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|
return to Congress."
|
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|
The House Journal implies that since Ohio and Kentucky were not
|
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|
required to notify the Secretary of State of their ratification
|
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|
decisions, there was likewise no requirement that Virginia file a
|
||
|
"certificate of ratification" with the Secretary of State. Again,
|
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|
despite arguments to the contrary, it appears that the "missing"
|
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Page 20
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|
Amendment was Constitutionally ratified and should not be denied
|
||
|
because of some possible procedural error.
|
||
|
|
||
|
QUICK, MEN! TO THE ARCHIVES!
|
||
|
|
||
|
Each of Sen. Mitchell's and Mr. Hartgrove's arguments against
|
||
|
ratification have been overcome or badly weakened. Still, some of
|
||
|
the evidence supporting ratification is inferential; some of the
|
||
|
conclusions are only implied. But it's no wonder that there's such
|
||
|
an austere sprinkling of hard evidence surrounding this 13th Amend-
|
||
|
ment: According to The Gazette (5/10/91), the Library of Congress
|
||
|
has 349,402 un-catalogued rare books and 13.9 million un-catalogued
|
||
|
rare manuscripts. The evidence of ratification seems tantalizingly
|
||
|
close but remains buried in those masses of un-catalogued documents,
|
||
|
waiting to be found. It will take some luck and some volunteers to
|
||
|
uncover the final proof.
|
||
|
|
||
|
We have an Amendment that looks like a duck, walks like a duck, and
|
||
|
quacks like a duck. But because we have been unable to find the
|
||
|
eggshell from which it hatched in 1819, Sen. Mitchell and Mr. Hart-
|
||
|
grove insist we can't ... quite ... absolutely prove it's a duck,
|
||
|
and therefore, the government is under no obligation to concede it's
|
||
|
a duck.
|
||
|
|
||
|
Maybe so.
|
||
|
|
||
|
But if we can't prove it's a duck, they can't prove it's not. If
|
||
|
the proof of ratification is not quite conclusive, the evidence
|
||
|
against ratification is almost nonexistent, largely a function of
|
||
|
the government's refusal to acknowledge the proof.
|
||
|
|
||
|
We are left in the peculiar position of boys facing bullies in the
|
||
|
schoolyard. We show them proof that they should again include the
|
||
|
"missing" 13th Amendment on the Constitution; they sneer and jeer
|
||
|
and taunt us with cries of "make us".
|
||
|
|
||
|
Perhaps we shall.
|
||
|
|
||
|
The debate goes on. The mystery continues to unfold. The
|
||
|
answer lies buried in the archives.
|
||
|
|
||
|
If you are close to a state archive or large library anywhere in the
|
||
|
USA, please search for editions of the U.S. Constitution printed
|
||
|
between 1819 and 1870. If you find more evidence of the "missing"
|
||
|
13th Amendment please contact David Dodge, POB 985, Taos, New
|
||
|
Mexico, 87571.
|
||
|
|
||
|
1) It's worth noting that Rick Donaldson, another researcher,
|
||
|
uncovered certified copies of the 1865 and 1867 editions of
|
||
|
the Colorado Civil Codes which also contain the missing
|
||
|
Amendment. Although these editions were stored in the
|
||
|
Colorado state archive, their existence was previously un-
|
||
|
catalogued and unknown to the Colorado archivists.
|
||
|
|
||
|
2) If there's insufficient evidence that Virginia did ratify in
|
||
|
1819 (there is no evidence that Virginia did not), this
|
||
|
raises a fantastic possibility. Since there was no time
|
||
|
limit specified when the Amendment was proposed, and since
|
||
|
the government clearly believed only Virginia's vote remained
|
||
|
|
||
|
Page 21
|
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||
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|
||
|
|
||
|
|
||
|
to be counted in the ratification issue, the current state
|
||
|
legislature of Virginia could theoretically vote to ratify
|
||
|
the Amendment, send the necessary certificates to Washington,
|
||
|
and thereby add the Amendment to the Constitution.
|
||
|
--------------------------------------------------------------------
|
||
|
|
||
|
If you have comments or other information relating to such topics
|
||
|
as this paper covers, please upload to KeelyNet or send to the
|
||
|
Vangard Sciences address as listed on the first page.
|
||
|
Thank you for your consideration, interest and support.
|
||
|
|
||
|
Jerry W. Decker.........Ron Barker...........Chuck Henderson
|
||
|
Vangard Sciences/KeelyNet
|
||
|
|
||
|
--------------------------------------------------------------------
|
||
|
If we can be of service, you may contact
|
||
|
Jerry at (214) 324-8741 or Ron at (214) 242-9346
|
||
|
--------------------------------------------------------------------
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Page 22
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