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Titles of Nobility Amendment

A
Compilation
of
Documents
and
Papers
Relating to
the Ratification
of

The Titles of Nobility Amendment


ARTICLE XIII
to the

Constitution of the United States-of America


by
Brian H. March
April 28, 1995
Albuquerque, New- Mexico

Titles of Nobility Amendment

DEDICATION
To David M. Dodge (a.k.a. Columbo), a man for whom I have the utmost respect; To Thomas
Dunn, without his encouragement and strength, I don't think that I could have continued. I thank
them, from the bottom of my heart, for allowing me the privilege of knowing them, learning from
them, discovering with them, and having the adventure of my life.
To my parents, Arnold H. and Betty J. March; if it were not for them I would not be. I love you
Mom and Dad, Thank You for being there for me.
To my wife, Victoria B. March, without her loving patience, understanding, grammatical help
and sacrifices, this project could not have been started, or completed. To Velma Grigg, without
her enthusiasm, I would probably not have started this project in the first place. To Gary Hunt,
Outpost of Freedom, who, in the final analysis helped to reorganize and put the final touches on
my pride and joy.
And, Finally, to the American People who will have the intestinal fortitude to take these truths
and use them to restore the Republican form of government that was given us just 219 years ago.

Titles of Nobility Amendment

CONTENTS
Part

Description (# of pages)

1.

INTRODUCTION (2 page)

H.

ARTICLE XIII (1 page)

111.

AFFIDAVIT of authenticity of recordable documents (2 pages)

IV.

RECORDABLE DOCUMENTS
National Archives Document; Exhibits A- I thru A- 10 (10 pages, sealed)
Exhibits XA-2 thru XA- 10 (9 pages)
Exhibits B- I thru B-9 (9 pages)
Exhibits C- I thru C-51 (51 pages)

V. GOVERNMENT CLAIMS & RESPONSES, Regarding various aspects of the ratification of


the Titles of Nobility Amendment (12 pages)
VI.

DISCUSSION DOCUMENTS 27 documents (64 pages)

VII.

FOR YOUR CONSIDERATION... (1 page)

Titles of Nobility Amendment


1. INTRODUCTION
WITH BRIEF
EXPLANATION OF DOCUMENTS
Since 1991, when David and Thomas accepted me into this research project, I have had the honor
of working with them on this most intriguing story.
My intention, with these writings and documents, is to make a very complex subject more easily
understood. Anyone who obtains this information will, hopefully, gain a basic understanding of
the subject. The result should be:
A) a concrete foundation to work from,
B) a good understanding of what to expect from government representatives, and how to respond
to their arguments,
C) an understanding of the fact that the Amendment was ratified, on or before, March 12, 1819,
D) that it was widely accepted as such, and not in error, as some government representatives
might suggest,
E) a good understanding of the real meaning of this "enforcer" to the Constitution.
The reader will understand that over the last four years, 99% of the responses received from
representatives of the United States Government have lacked credibility. There is an
overwhelming amount of documentary evidence on the ratification procedure, ratification of,
acceptance and meaning of this amendment. From the beginning of the letter writing in 1991, to
date, the government representatives who insist this amendment was not ratified, have seemed
unable to find even one Circular from the President of the United States, the Congress or the
Secretary of State, to the Governors of the Several States and/or Territories stating, 'This
amendment was published erroneously." They are unable to explain why it was not ratified. Of
course, we are speaking of the players of that era, 1813 - 1825. We have checked the journals of
the President, Congress and the Secretary of State and have found nothing, not a Circular or
letter.
If you wanted to change the course of history, contrary to a lawful enactment, what would be the
means by which you could accomplish that task? You could wait until the players of the
enactment died, or destroy or bum any records of its existence, and pretend that it doesn't exist
for a few generations, until it is gone and forgotten. All of these methods were employed to try
and erase the ratification of the Titles of Nobility Amendment. We have much more
documentation that is not addressed here, which will be addressed in subsequent works. The
means by which the "demise of the Titles of Nobility Amendment" was almost accomplished will
be addressed in much greater detail, later.

Titles of Nobility Amendment


This project was put together with the purpose of providing a means by which anyone can learn
how to assert the Law of the Land. There is no guarantee that courts will honor the law, (which is
all that should be honored), but without the evidence being submitted, there is no possibility that
they will.

The first affidavit, along with the documents identified within the affidavit, provide Prima facie
evidence of the foundation upon which the ratification was based. Most states have published the
Titles of Nobility Amendment somewhere during the period of 1818 to 1876. Most states, in
their "Rules of Evidence", also provide that any publication by state or federal government may
be entered into the record.
It is suggested that you go to your law library and find the statutes, codes, acts and/or laws from
that period (1818 -- 1876) and review them. Generally, the United States Constitution is the first
entry in the book. It is followed by the amendments to the Constitution, and here is where you
may find the Titles of Nobility Amendment. It may only appear for a year, or two, so you should
review all of the years indicated. Use the included list of states/territories (D-25) as a guide.
Make copies of the frontispiece of the book, as well as the amendments, which should be added
to the documents mentioned above.
This package (Affidavit, Exhibits and copy of your states version of the Titles of Nobility
Amendment) can be submitted as evidence in court, or recorded in the public records. Certified
copies of the public records can then be entered into the court record. You may need to attach
them to a motion, petition or judicial notice, depending on the "rules of evidence".
I hope that you will understand the significance of what you are reading. If the Law of the Land is
asserted in every courtroom in the country, it will not be long before it is again recognized as
fundamental to the preservation of our Liberty.
Remember, "Just because something is not officially recognized does not mean it doesn't exist.
"Nothing need be said to illustrate the importance of the prohibition of titles of nobility [titles of
honor]. This may truly be denominated the cornerstone of republican government; for so long as
they are excluded there can never be serious danger that the government will be any other than
that of the people.
Alexander Hamilton - FP #84

Titles of Nobility Amendment

II.

ARTICLE XIII

If any citizen of the United States shall accept, claim, 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 whatsoever., 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.

(Note.- The 13th article of amendments to the Constitution was proposed at the second session of the
eleventh Congress.)
(Note: Virginia provided the final ratification which adopted the Titles of Nobility Amendment as the
13th article of amendment to the Constitution, on, or before, March 12, 1819)

Affidavit
I, Brian H. March, hereby deposes and states the following
facts, that:

1.

That f have, along with David Dodge and Thomas Dunn,


extended many hours of research in the matter of the
ratification of the Titles of Nobility Amendment to the
Constitution of the United States of America;

2. That said Amendment was ratified and recognized as the


Thirteenth Amendnrent to the Constitution of the United States
of Ameriea for over 56 years;

3. That conclusive proof of these facts are attached hereto,


and identified as follows:
a. Exhibits A-1 thru A-10, which are identified as true and
conect copies of documents on file with the National Archives
and Records Administration, an entity of the United States
government, whieh documents set forth the requirements
required to ratifr said fitles of Nobility Amendment, as per
Article V of the Constitution of the United States of Anerica;
firrther, said docurnents establish, uneguivocallp that only the
ratification by Virginia was necessary to complete the
ratification process and establish said fitles of Nobility
Amendment as a part of the Constitution of the United States
of America and the law of the land;
b. Exhibits XA-z thru XA-10, and identifred as copies of
those documents eertified as true and correct and identified as
Exhibits A-1 thru A-10, these copies being of the same
document* although clearer and more legible;
c. Erhibits B-1 thru B-9, which are identifred as a cover
letter and copies frour various law books, as identified in the
:- cover letter, said letter being a certifrcation as to the
authenticity of the subsequent copies, executed by Thomas D.
Burney, Rare Law Book Librarian, Law Library' Library of
Congress , with particular emphasis on Exhibit B2' which
confrrms that ratification, by Virginia, of the Titles of Nobilif
Amendment:

Affidavit of Brien ilarch

Pagn

ofZ Prgct

_t

d. Exhibit C-l thru C-46, which are identified as an

affidavit confirrning the authenticity of the copies from various


law books, as identified in the affidavit, said affidavit being a
certification as to the authenticity of the subsequent copies,
executed by Deborah M. Kozerski, Law Librarian, University of
New Mexico, Albuquerqrre, New Mexico;
4. That the above docunents provide conclusive proof of the
Ratifrcation of the Titles of Nobility Arrrendment' on or before
March 12, 1819, and that, as such, said Amendment was, is, and
will continue to be, the Law of the Land;
5. That there is no record of repeal of said Titles of Nobility

Amendment.
6. That the attached documents are prima facie proof of
same.

7.

That I am prepared to testifu, in a court of law, to the truth


of the statements made herein, should I be ealled to do so.

I, Brian H. March, certifu that the above statements and facts


are truqr and correct to the best of my belief and knowledge, on
this / 2 day of /4o,u
, the year of our Lord, Nineteen
hundred and ninety--'
,

-3-T

CERTIFIED CORRECT

elo 4845 Los Serranos Court, N.W.


Albuquerqlre, New Mexico
Witnesseth:

dated:

dated:

s l'xl9s

(Valid only if all signatures are in blue ink)


Affidavit of Brian March

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'$gport Book, Volume

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page 15.

the house of reoresentatives


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to a resolution of the house of representatives


of the 31st of d.ecT last requesting information of the
number of states vrhich had ratifiect the lbth article of
the amendments to the constitution of the united. states,
r transnit to the bouse a deiailed reoort frour the secreiary 6f state, shich coniains all the informatlon that has
been received. Lrpcn that sr:bject. trTo tiine will be losi in
communicati-ng to ihe Eouse the anssers of the governors of
tbe srates of South Carolina arra Virginia, to the enquiries
stated. by the secretary of siaie to have been recently
addressed to then, when tney are re.ceived. at ihai d.epartment.
Ilashington february 4. 1818 (.signed)
Pursuant

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EXHIBIT V4 -

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ltrorlroe

Report Book, Volume

The Presid.ent

3, pages 14, 15.

of the United.

States

Department

of State 3d february

of state, to whom was refered a resolu_


tion of the house of reoxeseniatives of the glst of d.ecember
last requesting informatlon of the nr:mber of statel rhlc\
have ratifled' the thirteenth article of the amendnents to- the
constitutlon of the united. states, :Droposed. at the second.
session of the elevenih congress, has the honor respeetfully
to report to the lSresideni, that it appears, by authentic
documents, on file in the office of the d.epart:nent oi. staie,
that the said. article was ratified Bv 1. Maryland., on the ebth of d.ecember, 1g10.
2. Kentucky, on the BIst of january, 1g11.
Ohior orl the 31st of january, 1g11.
4. Delaware, on the Znd of febru&rJlr 1g11.
Pennsylvaniar. on the 6th of february, 1g11.
6. New Jersey, on the lgth.of february, 1g11.
7. Verngrtfr: on the A4th of bctober, 1g11.
.9. Tennessee, on
the Zlst of november, 1g11.
o
Georgia, on the lgth of d.ecember, 1g11.
10. Ilorth Carolina, on the ?3d of d.ecember, 1g11.
11. Ma.ssachusetis, on .the Z?th of febnrary, J.LLA.
te. New l{aupshire, otr the 10th of decernber, Ig1e.
The secretary

a.

That

EXHIBIT Yn-G

2That it frrrther appears, by authentic documents, also


on file,

that the sald article sras rejected By 13. New Yorkr 9n the L?th-of march, 1814.
L4. Rhode Island, on the Lbth of seotember, 1814.
Tbat 15. It was submitted. to the legislature of the state
of .Connecticut at l{ay session, 1811; but that,
as late as the 22na of April, l-813, accord.ing to
a letter of that date from gover:lor Srnithr Do
flnal d.eclsion had taken place tbereon: that ln
pursuance of the resolution of the house of repreis
sentaiives in conformity to whieh thi.s
"eport
mad.e, the secrerary of state addressed a
letter
to the governor of Conneeticut, and enclosed to
h!m, at the same tirne, a copy of the proposed arnend.ment to the ccnstitution, requesti.ng information as
to any fi.rial oeclsion in relation to it, and tha!
the answer to saio.lerter, unCer d.ate oi the z}tt'J
ul-tirno was acconpanied by a copy oi resolutions of
the general assembly of that comr0ony.'ea1th, declaring that the amendraent was not ratlfied..
That 16, 0n the egth of .november, 1811. a report was made
by a comnii;iee of the senate of South Carolina,
recommend.ing the ad.option of the amendatory article,
which reoort vas agreed tor and- orCered. to be sent
to the house of representatives, irr which hou-se a
renort was also mad.e on the subjeet on tbe 7th of
d.ecember, 1813, reconmending the rejection of tbe
said. article, but which rerrort does not appear to
have been d.efinitively acted" upon by that housei
That the secretary of state add.ressed. to the govesnor of South Carolina a letter, wi-th a copy of tbe
amendment, of a like tenor to that rvhich he add.reesed to the governor of Connecticut, to which he has
not hitherto recelved. any ansrier.
And. tibat L?. A similar letter accompanied. also by a copy of the
amend.ment was written by the secretary of state to
the governor of Virginia, from whom, up to this
=
period., ac anrsuer has been r ecei-ved, at the department of siate, on the subject.
All which is respeeifully submltted.

Itressages and. Papers of the Presldents, 1?89-L89?r


Rlcbardson, Volurne II, pafe 29.

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by Janes
:

D.

February 27, 1818.


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of Representatives of the Unlted States:


I communicate herewitb to the House of Representatives a
copy of a letter from the governor of the State of South
Carolina to the Secretary of State, together rvlth extracts
from the journals of proceed.ings ia both branehes of the
legislature of that Cornmoawealth, relatlve to a proposed
amend.meut of the Constitution, which letter and. extracts are
connected wlth the subject of rny cornmunlcation to the House
of tbe 6th lnsiani.

To the House

t"

JAUES

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THE LIBRARY OF CONGRESS


WASIIINGTON, D.C. 205{0
n

OFFICE OF THE I"AW LIBRARIAN

oFFICE (202) 707-5065

FAX

September 30, 1993

(202)707-t8?o

To:

Brihn Il.
David M.

March
Dodge

Tom Dunn

Dear Sirs:
This is to certify that r.-am,the Rare Law Book Librarian,
Library of congress, and in that capacity r made for you three
(each) true copies of the Llst below:

l. 0utside cover of Acts of Asserobly, 1818-r9 (office Law)


Z. Cover page of "Acts Passed at a General Assenbly of the
Commonwealth of Virglnia. . . (Dated lg I9) .
3. Page 50 (fron above), starts with, "four freeholders
sub j ect to such J-evy, . . . "
4. Page 62 (fron above), starts with, "An act, relating
into one the severa1...tr
5. Page 63 (fron above), starts sith, "ecutive may appoint
for Ehat purpose. It. . , "
6 . 0utside cover of , ttJustice of the peace r tt "potter r rl
KFN 7920.P69 1929. "

. Inside page (f rorn no. 6) , tt... Justice of the Peace,


By Eenry Potte!,...
1828. "
8. Next page (fron no. 6), starts wlth, ttunLted states of
Auerica. ft
9. Inside the book (from no. 6), starts with, "lhe ConstitutLoa of the UnLted States of Auer'ica.r'
10. Page 4O4 (fron no. 6), starts with, "such majority, then
f rom che persons..tt and euds with, ttthe last artlcle lras
proposed et the second session of Eleventh Congress and
was ratlf led. rr
7

I hope this ls of help to you all,


truth, in our past.

ln your quesr ro ftnd the


S

incerely,

ah,-,a2.
Thonas D. Buruey
EXHIBIT B-I

Rare Law Eook LLbrarian


Law Library

Ll.brary of

Congress

Washiugtonr DC

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lrrs been llirl corrtrrry to lnw I attrl, ot the rlnre time. it rlroll bc
la.rful ln rrrynrrl a earliorari to caure tlre reconl of :uch hvv to
jrrrixlici,un
bc crrtilied intu (lre firperior court of taw traving
'ro-cirtified.
ovcr ruch coua{y Wlrrrr ruch rtconl shall be
lha
ruperiur cuurt shall pruceerl. without tlelr.v; to reyenl? or allirm
the orrler'laying the rerrl levy. ll to ilrcm nrry rcrm right.
lVhenever such ntpnselra.r
arul crrliocoti rholl be grrntrrl. it
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corrrt ol' thc countyr sithout rveiting tha
6nal rlecirion thereof. ot erry timr, to rescinrl the'orrler lrying the
raid levy.'anrl to procerrl lbrthwith rgairr lo:lay the eouirrv'levy
eccunliirg tu hw.'rrnrl ?o carrse thc renre to lxi cullected in tht'
manner hercin Itefnre provitlerl.-ln like mEnn?ri. if rhc ordbi
afirrer:ritl lle rryer'r'rl ljv the superior eourt, lhe couuty courf nray
proccerl, at tn.v tinre ullr,rrnnlr. lo lry the lcvy nc.t,iling to lari. .
Ilr all etrlrcr. irr rvhich nor counly lcvv sftall bc lairl after tl1..1un.
tultn ul' ruch crrultlv court. the rhcrill'or collector slrull be alllwe{
Iie nr,rntlrs, fronr tlrr. tinrr,: uf suclr lev-v, lirr cnllcrlirrg' rrrtl EG.
corrrrlirrg tlrcrelirr. ![ nny slrr.ri{l'nr iultr:ctor .hull. ainnv time.
cultcct:rnv rnoney levirrl ir rforesrirl, arrl suclr leyt' nhalI be oftrrrcanlg're.eirrrlerl or rcrerr(.rl in llre nialrner albrcrrirl. such
rlrerilf or colleclor shall firrthryillr rcturn thc monr.v. so collecled,
to the pcrson or persrrns from whom it rlrall havc irr.en rcceised :
and. irr fuilure thereol, lre lnrl lris securitier, hir onrl their crrcutoru arrrl arlnrinirtratrrrr. slrall he liablc lo ttrc same r?covery rnd'
rlumnges, ar ir lrrtrvirlcrl in ctsr: ol' hir failure Io pay uther rnorrey
duu I'rotn lrirn a.,r colluclrrr ol' trir cnunly lryie,r.
$ l-;. 'l'lris rct rhall cnrnnrcnre rurl lie in firrce from rntl after
tlrc first rlay of Jnlrrrar.y eiglrtcr:rr ltuttrlrerl attrl lwnnty i ercetrt ro
luur:llthertirf rs lullruiiz.er tlre jtt,lgr.* ol'the suirr:rioico,rrtt rri leto.i srrr il sr,t,,,r'r/drns lrrrl "r7li,,rafi tn cnri'nct tn crroueoul
coultl-y l,.v_r. anrl '.rs rclatcs to llre Porfer of tlrc cuuoty courtr;
lnrl t[rt: rlutv of tlrc rlrcrill',rr collr:ctrir r'rrnrtcrtnrnt tlrtrcdn. rrhich
rhull .,ru,r,i..n"o anrl bc irr l'ul'c fi'rrtn rnd after tlrc pusing

(:rtx!a'E"nl.

)K-+

I,Il

An rct,

Llecembcr tlrc
taven.
,{n uct, to p
lution of the
third, qnc th6r.
An act. for
. the Northenr '
Frirfur, Beror
.Scrrtland. Pr
' .{ n act. for
the boundr of
Prrced in onc
'An act. firr
rrn Neck, in t
enrl eiglrly-6r.
An rct, cor

or thc

An rctt lo n
to eonvev to t
right nf ilris C
tlre rivet'0hio.
.

thir

Comrnonr
twentY-rccond
AnLct, frrr
titv of territrrr
gri:s arremblc

rr.r,r. theretoT'fticloratirrn of riglrts mrdc bv tlre repreicnlativer of tlre good


I q11-',i.or
lrl'l..t
Od..a

mcnt. Pura

lrd eighty-nin
An tct. cun,
into rn indcP

'dl

D" ft.'2"F5 EXHIBIT B-3

Aqrce

to tlrc Unitcd
drrd and eight
An act,tuth.
rrnite witlr cor
running I linr

,rnnelel hq tha Gpntal.{s.rcm6lrr, 'l'lrat tlrere rhrll be


publirlrcrl arr erlitiorr'ol' the tarrs of tlri,r Cririrrrrunrvealth, in rhiclr
ihall br eontainnrl tlrt f,rllosirr: mlttun. that ir to sot:
'Ftrc constitutiorr of tlrc tliircd Slutcr, lnd thc irnenrlrncntr
arrhr
cai*rire

Evh;b;* "o-

l{eck.

teYe?] hunr.lrerl
f,p 16?, CoDi

nratirkrorrhr l. Ih il
bt' b b prt{rnl

'
r'r&-

Decctr

tceu liunrlrirl

rr*

peonte of virginia, rr-serrrblerl irr'fult onij l'rr.q conrention, sirich


rJghts rl.o pertuio to them, nnrl thcir porteritv, qr tlre barir rnd '
luilnrlalton of government.
rr rrh _'Ilre conrtitution or lbrm -of government^agreerl.tor and rcrolv.-;
cr-i'rln
$ttr. to r'irs*l ad upon, by the rlrlegrtcr a.nrl.r-prercntativiJof thc reveral cooo.':
'rri.-^-ri^-l
Lil'
r ,'...1
' ttrt
Vi-i-il
.t
onrl corponrtlons ol.
^r vlfBtntt.
t
prertnt
onlinince, !.to enrblc tlie-prertnt
An
Atr onlininctr
tlie
mrgirtnte!
mrgir_tnte!
rnd ollicrn toi.r
',r_t.il .J-olhrelrrr&rl.Jo,h.,
.L
r
...
t2
,
,.
^ir.
^
^r pnc.
of jurticcl and for rcttling
the
;;;Ub..--- ctxrlinue the rdrninirtration
i
ttrude
rrf
prnt'cerlincr.in
ral
er:ruinrl rorl othcr c!rc& ttill thei
6!nre crur be nrote rrrrl:l.y prrrritlerl for. Tlrc rirth tcctiotr oult
I'uascrl July tlrirtle s"-.v.r,i.irr hundred end teventy.ri:,

Femeil

ninetl<ir.
A lc'rolutior:
rv into ef,ltct

tlrr:reol.

t:tr'\t''r''tt,l,,l',Y,;l;ilf,'..l.ili;.ilf.:::,i'ii#ii'rlli::i::ii

rcp

ectr of the pr:


Lhir Commotrr
cnteetr lrundrc
An rct, lo r
crrtrin rctr of

seventecn hunr

'

'

An rct, fot
tsccn tlrir Str:

clrtrio com
p'u.pour. Pr

bv

hoodred.

Arr rctt cosc

d. Pcc4obert

ty.oaa' ,,

L.r

... r.-.

r!-

iroierc:tbe.i,lie urtitr', in'.,lrici, i!:e -cr?!':ll lii;;.i 311;i1i,l*:aqbii"ired


ccie. clr?ruil.I ci:rs:iur ll:r::r acc-oruin? to thlil' rubjec!
!I :il,r"
'nli:e:', '.v:ii,c'.:: iB:::".:nc'-: TJ it:e ii::re oI rhci: c:::s*g ;:.5p;.noEe
c.:l:ic..:i::.r'i,,'. l'::q tii:re ci' iire e3::3::on o-[ e:cil pccvi:icu- o che
i::rv. rtnri tu nralis:ucir itriet xo(,i: cf es:icneLlori .:t::ti reierence,
L lte :irail tie:ru Dr,rllr'.': lre :;all.cause'io.be nrade Dc()!te:- mul5! .;:::l ::oi3s ,ri :ile cunie:iis ci *:lch .;p.ciiou.':'.nd e i'uil r;:r[ comlo i:1,: "f i:rric co'.ic: a::ri l:e :iruii C:s:,c lle rroof
;F i,a:': ir':du:
si:,:e:-. r:tr i:e ':':l'--iuii'; c:i::::i::::i. 'ju';i::: ii::: :'.:i:iir':r:n::. ij: ,:i:::ll !i: nac :'.tooiaa nr:?
rvir-rr iirr: :r3iri'ub::.:.!irrr rri'i!re i:ec.Jli;e. 0f ;toi? cl::i::J iO
ile liiu.;e.J ;n
":rrliiu-,,.
r.cris: i.i6
,.,ira o,' ;r:s:'e cic:'iii'or' :tssi:;,rr,rs. ,r, i.,.1 ;,, ihe iii:tiriir.;,; ,rt *e
u":::.s: :;o:'ti:.: : :::;l itu. .'.':ir ll..t ,:liili.; ''li' :..isi.j:..ii:;-. ucresaiu.
:i::r[ ,-.: lii'.,rrr:.J.ltv ii:c 1:l:'.::i-.-,:- ^ ,.1;x!{ri.lli.li:.: c;;:lenj;::cn irrc ! lreri L'omO?::t"t:O::.
iir:L. :?i..':.c!.:. .,, 're p;riri rlrl! r.)i :i:: prr!ii; i:..::rsr::.,,-. L-pr:n :is licrv 1;- t"er-: :i=ii
c:'.'liicl,:: i!:ui '.itc la',v3 ;1i.i,'"iiliti i::';a tee:l c::e;''.:ii; c:::::ti::r:tl. !:< :lttur=tttiqci.
:l;c ihai le :lii: :itern cor.:.rcrll- lr.:i:icrl. :!:1.,, :lr:,rii'le :.:.:::;-ej
ii gg;.'ie:c: i:l ine ilt!.c rt.i:.'.i:..".' a:i ii:1.: ,rc:.-'i ;,,,1s.
5. -i::ri ivi:::'i:s trlronas nit<J[:igi::::i: 3s,,::ee,l to unrigr::lle r1':e
oi' iilc .iilfEffi,
ilr:,::r:,,':s a;;;:.p.rl.i.-:.::d ic d,esu'jiicl;',lc
t.
ii.sc: ;c ri:e i'-::crrtiva. ii,c :j:,: use oi' tir: Connuc.lri:':it::. -(bsr
./tho,asud
coFits thcreq(',..ril ci'irrti;i. bnrintl und 'i=iierffi
ilccesli'.1-:c :::a pr:ce r:r:i:: l:,:ilLl'.; ii;i'e:cir cirrrr'.;;,ife ii.agsir:tlI
cnoies.rri1g1.sf i r::.: ':o i)e ci.:iir-:rt,j o:: r)c b,::":t.c :i:e li;-:i gliv ,ri
Dec::r:bet.:::J.''.!ie le:iciue. (ru iJr' ,.rei.uce ii:e i,r'-.i tiilZ,ri.l,ratiurt
;
/

r
-'t-

'.^rr^5:

r ilj 9t''.1 l:)'.lj'.1:'


)(jo.:: I -iiiti r)il

rnon I
trr
.r. '-ntrot.-/r _._..;-r.t

l-r'
,-..1.r^.4

t )

,t6-

-a

lr..,rnrrt,'

^ft,:.
"/ urev-.

.-l:s

.ics;.

--i"r

.l
'

llro
talg

:3,.'.i.!:oo.
a-a6qP'rrt rrtJg.

encclci. Th::t ile isecu:ire :i:lii


.' 3e .it ilze.t.jo:z.funltr
!
i

it

..:.

.'-'.:r.sc. il:e.v rre irerail,v rurhod;:d ::,nd ie.iu;iad:io

Lf

be Dcty er:i:: i::sur


coaii:c!'#.ih ;lre lir'.Xl-**uu"

..'jsaid'iiiomasiiic[ie,l.ccthet[eiice:Y..'itFe.seicti3lti:ous;,nd.
oi tue ccde athresairi.'r.t iile iirir::s. aot,i'oc ihe prics ai'ore..;..cc.pies
.:
it"t:aic.-1T'leg'.he:eid copis ii::i[ be rece.iviil, is shii[ bq .i.\e
::.::ciary'of .rhe E.ecc-iiuaio'rer:li:r ierrccies :;eieui.; ia.il:ec0!ncil
..J

.)< t

;rc

f1.i"'0.', i;. 'i;;:;,;'t'h-" i;i:;;';lupo'i*o't'qi*,.1" Et-..; u:C ic iisrr:buie ihe resic:e. cr.i{r rntn-y thei:eciirs-mio be

0r] )ui:

irrp:li,

!$i Sor:lr? :lci.i..;

vgr :o iig
rart
l9g

-.
b\

Eccttrc.copia;bril

"e:lt-i
-rr

-ior

ar li:i oi

iire
s: 33'J Or3se:i:

- /

Edistnbu:'tr'

da:*sa.cr, in :ae rIta,tne:'. fuiio:nxx ;-E','e cogiesf to.' ihe cler.k of


:tce-irou.re oi :!re Generr.i. -{:sarr,bir. ioc r're useloi tbe saii.
resuqc::relT i-'iOC
0i-ine judge:.oithe
6se't io gaCI
i-'ioc Co.Pi
eacr oi-ihe
coure ,
locses. reSDqC::"elT
;-tocs85.
Ju.U933.ot Lte coult
p( 10oe3.ls- Iecera!. couri. rcd juiienoc cc&r'.s ol chai:celT ;-onet
Sopi rq each- o f ihe j o ciges oi ;n*cou rcg ot' ih e Ulited S r.ates rasirie !, I .
i&in..this Staiet-+ne ccDr to ihe iieasiir'?i. siirlitoc. aotl regis- ., .
tbr cire'use oe'.hG depa:::ne::!: cee coi:r. io ihe prlsi-.
lerr-erc:r
!.
geec
andciiiecito oi ihe llieccr lunt!. a:ni lo ll..e occsirle:11
ind'dir.eern- oi rhe uoerti t1 puilic *o"ris.-ie,ca..locijie use ui
'.ieic coarg3 iEscec:i"eiv I oce .'.oor to''Lrorniu jelle$onl' james
lSOn- AnU Jame: -\iOfl:Ce. 93Cli :-r1Oa cOav io iiraiunennten- '

:::T3 7('lcrn
'j .- in :cii. ti rt
'
.--

,l gr.t

q r.rtF O
r, r v !, Y

'

'

;.

r.'.,

re{riace su
, illruiE it- ac
)o; i5 ,5i- E|

tlre'E*eitivi!t

.!

I, Bcnjoo.* l4otlmu bieh wetd by ttu dd o! dsmnllgg


Ifratidng
tlw republication
fot

of tla La.,e 0J llis Conmuwcalth,

n:tcd Jltardt l% 1819, ntpet'ntcnd,td, of tlrc nd publinlion, do


ccrttJy, tlwt the La,ws ynntcl b tnrr
frst oohmu, Irlrvc bcat

Fay

(v:tlh tlu eaptwn ol tla cnon, udtl, in


mqtnr) I"frd tlwn concctlg ymilcd.

e.zamined, anl,

?rrJully
'Iu tslle of

II

t.rvgi',

B. W. LEILE.
Riclmond, I8 t9.

ENBATIPrge 6*, I
- 68, t
116, t
181' I
20q, I

S,

J1

69,

line 18, for l;lctlmt4rcrd.f*&rd.

7, bcfore vord 6c, read,ltn rcnudgrbcof,


linc
lirre 9, f_or of tlufea, rerd d aVtttfu.

10, foq itv,trrilrc 4 rcef-prcaaa-to dc &


-3' lineword,
61r-lrrt
fw uar&ry1 rcl,@g.
220, lin9 14, beforc-te vord gfuir tdf,li-'of tb ,
225, c.68r I 1, Iine3, rftcr Earrilrnrrr,dd,Vo-sd..
272, 1 19, tine g, beforc lc hqp"ct, tailfivly.
277, 1 f, line 2, beiore rc$ilrlfirrld4ecrcdold.
31*, i - 8, line 43, rftcr " ior rcning n:ttrcbareot on tie bodyr'
63 inetad of 53 ceotl
q?5-' I 13, lino 8, for net *ightouragr rerd ncd t togl&our:*g.
s16, linc 3r for taad Oci, rerd hr& 6c.
376, I 3, fi,ne 12, for lu or *u f,ara, rui lu er the dln[ tp.ea
378r I 16r lines 5 end 6, for in uurrcdi orlly o*A
41q line 1, for eaa, rcrd da.
{3q t 67, line 7, omit vord tra,tl ttc end of tlrc Ene.
166, c. 119, I lr linc 10, bctweln the rordsjnrcnr, gF6b tctd or.
179, liqe 8, (from bortom,) for ogorrc4 reed oitcirud.
5+8' 9 1, line 8, ifter wukr<haifrrctd rqr'caar.
599, line 12, onit ryord anyrtt 6e beginniog of the line.

EXHIBIT

B-;

..'1'.

@bl'frsbf$eii

@obs

o' Itt

LAWS OF YIRGINIA:
lgro

.q COLLBCTIOJV OF ALL SUCE ACTE


ot ?tl

@B[qBRA& ABEtsUIIB&ED
OF A PUBUC AND nEnMANEllT NATUEE, Ag AnE NOW IN fORCE

WITE A GENEBAL INDEX.


i0 iotca 1r3 riE lltD,

.:.

TtrD CONSTITUTION OF TIIE UNITF:D. 91,{3,4;

1'ltB D}:CLA|TATION Or. RtGttTt.;


llo

TIIE CONSTITUTION OF VITTGINIA.

'...:

-.+
put$l,ant to aa act of thc Gatf'.ol Ssembly,a{illeil .. An &t
pooi{ilry tor llv rc.puhlicctbl of llu Lz;us of lhit &mwaucdllh"r,
?rs$d Jllatdt f9.18f9.
,r't'j

\;...,.'.:

YoLUME

I.

crF,)'
/6,
(e.gJ\r-i!

NICIIJ'IOJVI)

--:

PRrlrrED Bt. TtlolrAg nfrclllE,


tltfEr aro tlrt cortottl^Lil.

r8t

9.

EXHIBIT <6- 6

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\\--.

September l,

l9g3

AFFADAVIT

r hJec!n-Lt-!1: Kx gItH,
at the Lav Library,
- --- --,
UnivereJ.ty of Nev !1exrco, -1atl-l-:-LraerdAJ.buquerque, Neu llexico,
of legal age and of
sound mind, do solemrrly svear,/af f irm the f olloving:
On August 31, 1993,' I uitneesed Brlan H. llerch make tvo(2) true copiee
of the 16 books listed belor, vlth Article 13 es part of the Unlted
States Constitution, in each said book. I personaJ.Iy yent through
each of the 16 aforenentloned bookE and verlfled that each contai.ns

Article

r3 of the United States Constitution,


ArtLcl.e XIf I.

\\---

vhich reade as follors:

l3)

If any cLtlzen of the UnLted Steteg shsll accept, clah, receLve,


or retal'n, eny title of nobiltty or honorr or ehall, rithout the
conaent of congreetE, accept and reteln any preeent, penelon, office or
erolurent of any kind rhstever, fror any erperor, kJ.ng, prl"nce, or
foreLgn porer, guch person ehell ceaae to be a cl.tl.zen of the UnLted'
Statea, and ehsll be incepable of holdl.ng any offLce of trueit or
profit under ther, or either of ther.
The llet of booke 1s as follorel
1) Revieed Statutes of
Colorado--1868; 2) Revised LavE of Indlana--1831; 3) Revlsed Statutes
of Indiana--1838; 4) Lave of fove--lg3g-1g39; S) Stetutee of the
Territory of Kanees--1855; 6) Revlsed Laus of llieeouri--L823i 7l
Statutes of l'tlsEouri--1835; g) Lars of Nebraska--1857; 9) Lavs of
Nebraska--1859i L@) Laus of ilebraska--1860; ll) Lavs of the Terrltory
of Nebraska--1861, Lzl'BeneraI Stetutes of Nebraske--1873; 13)
Statutes of Ohlo--f831; 14) Pennsylvania Di.geet of Lars--1A24;
15) PubIic Lavs of the State of Rhode Island--1822; 16) The ConpJ.led
Lavs of tlyoming--1876.
DEte:

ldltnessed:

Dete:

Witnessed:

Date:

(\-

EXHIBIT c- \

***. !-L?Is

*/z=

TEE

REYISED STATIITES

COLORAD

O:

,I.s PIIiSED TA TEE

SEYENTH SESSION 0F TrrE LEGISITTIYE

tSSEltBty,

CONYENED ON TI]N SECO){D DAY OF DEC9]fBER, A. D.

atso,

1867.

TaD

.IT THE.S.I,ilS
SIO\ AND TEE PRIOR LIWS STILL IN FORCE.

ACTS OF A PUBLIC NATURE PISSED

IOOETUEE

SNS.

FITN

{IEE DECI.^N^TION OT'INDEPENDE.\CE, TEE COXSTITI'TION OF ITEE


UNITED sfAfEs, TEE OBGANIC ACT, A^{D TEE
AIIE.\DIIENTS TEEB ETO.

POBLISEED 8Y AVTEON TY,

.
P8IIITD BI

CENTBAL CITY:
DAYTD C.

COIIIB8 TT TEB
1868.

BSOIETEB OT'ICE.

n
cEXHIBIT

TEBRITORY OT' COLORADO,'f} o"'


-^
sEcBETABYtg

OtrtrICE,

I, Fnlxx ElLt, Secretary of Colorailo Territory, do hereby


certify that I heve delivereil to Drvro C. Cor,r,run, Public
Printer, truo end correct copies of all L.lws, Jorst Brsor,u.
TIoNs, and Msilonrar.s, together

with tbe Bevised aud Consol.

in my ofrce, passed at tbe Spysxru


Snssrox of the Legislative Aasombly of the Territory of Colo.
rado, begun at Golden City on the 2d day of December, A. D.
1867, and adjourned to Denver on the 9th day of December,
a. D. 1867.
iilatecl S[atutes, now on file

fn

testimony whereof,

[t.

s.]

have horeunto set my hand and

afrred the great seal of the Territory of Colorado.


Dono at Denver, this 22d clay of Janurry, in
tho ycar
Cred

of our Lord,

oae thousand eight hun-

ard sirty-eight.

FRANK SALL,
&naary of

Colnrad.o

Tenfnry.

EXHIBIT c - 3

TABIE

OT' CO}{TENTS.

EXHIBIT < -.f


ln

oct to coBDel thc Keencrs of ABctlon gtaDds 8Dd Co![.


Disslon Stableg or gta[ds, to tssop a record of tholr pro.
ceeallrgrL.......

D(.

IttDrtoB.l-TDTBEAf'U888,..............

...... n

Ar art coucemlng !ports of IoFltorlsl Odcers, ............. It


x. BILLS OF nYCE.INGE llrD PBOUISSOBY 1rOT89,............... E{
XL BUTCrFEgr...
...................... S
. YTT.
caPrTAti-....
...................... m

EIL crrarycEBy,...
.......,,,..........-. cl
rrv. SEATIEL }IOBTG:IGES,
......... IR
trY. cgllBcrrE3r...
.............,........ 10t
XYL couuor{-L.A'w,
.......,............ lt[
IYIL @^YIrEYTICEST................
.....,,...........,... 1(l
xTm. @BPOE^TIOIrS,
................... ll5
in lct llatrng to Bslhuds.Wacoo-Bo{dr.r.[d Ultrlle ColoF
pErjesr SrtDscrlptlons to StocE tssco of'Bonda to fry ltr.
terest irnd HndiDal by eno[t16s, Cltte. ot Towt'' inil for
otbe!Durpor,.:............,..
.,...:,......., lilf
{n act to a,moD.d ln sst to oDrbla Bos& Dltoh. f,antfioturr.
tng and, othor ComDanta to becomc Boiller Cbtlonro. anil
tbo soyeral act! sDDal8tory the!sto,..... ... .....-........'..... UF
An aotcatroIlhgCoqaryAoud4.
.............. L0

Atr ast amenatatorT of oD ast enutled rn ast tO snnd ilt


rct ta eDablo Boed, Dltob, rrqEfactur.lDr sDd oth6r Coo.
pades to booloe Ilbdlea Couprato,.......-..............-, ..,. fO
r q et concerDbg tlo iDoo4rorsuon of tlo lror-th

.vlT

^ileGto& fg
fu!ilorUDioD,.:...,...,...,......
....-.....a.t corrernlng th tncoryorltloa of IrsoDto |od Oafat
^!feuovsrSeletleq.......
..,,.............:.... Ut
xnL cos11s,......1'.
...,. ra
@(nflnEs,....
............,......... I!il
{! a6t to emcnel eectloq thtfry.tvo ot .$r rdt to
dsdro
-fu;;A;
9gug.ty llourdortes, aad loortd

Terrltory,...........

Cousty5is-ia

:.,..,......,......................,:;;.; l!|

A}TE5D}TT.YTS TO

TEE

COIiSTITUTION.

27

ABTICLE XII.
1. The electors shdl meet in their respective states aud vole
by ballot for presideat aud vice-president, one of whom, at
least, shall not be an ilhabitant of the same state as themselves I
they shall name in their ballots the person voted for as presiden't, and in distinc: ballots the persdn voted for as vice-irresident; and they shall make disiinct lists of all persons voted,
for as president, and of all persons voted for as vice-president,
and of the number of votes for each, which lists they shall sign
and certifv, s,nd traesnlit sealed to the seat of government "of
tho United States. di:ected to the president of the senate I the
president of the senate shall, ia thi presence of the senate and.
house of representariyes, open all the certifi.cates, and the votes
rhall theu be counted

: the'person

having the greatest number

\g ,f yotes for presideat shall be the president, if such nuuber be


a majority of the whoie number of electors appointed; and if
' no person have sucb majority, _then from the persons having
the highest numbers, not exceeding three, on the list of those
voted for as presidert, the house of representatives shall ohoosc
immediately, by ballot, the president. But in choosing the president, the votes shall be taken by states, the represeniation
from each state having one vote; a quorum for this purposo
gball consist of a member or members from two thirds ol tha
states, and a majoriqy of all the states shall be necessary to a
choice. And if the house of representatives shall not chooge a
president whenever ibe righi qf choice shall devolve upon them,
before the fourth da-i of l{arch follorving, then the vice-presii
dent shall ect as preiideut, as in the caseif the death or other
constitutional clisabil-it,r of the president.
2. The person heving tbe greatest number of votes as vicepresident,-shall be rice-presideut, if such number_be a majority
of the rrhole number of electors aopointed; and if no person
have a majority, thea from the trvo highest numberg in the list,
the senate shall ehoose the vice-president; a quorum for the
Durpose shall conskt of trvo thirds of the whole number of
i.oitotr,aud a majority of the whole number shall benecessary
to a choice.
3. But ao persor constitutionally ineligible to the ofrce of
president, slitt Ue eligible to thit of frce-prerident of tho
United States.

ANTICLE XIIL

'-

1. If any citizen of the United States shall accept, elaim, re,oive, or retein, auy title of nobility or honor, or shall, wiihout
the consent of congresq sccept and retain aDJr Present, pension,
oftce or erqolument of auy kind whatever, from xny mperor,

EXHIBIT

AIffND}fENlS TO TEE

?8

COITSTITUTIO.{.

king, prince, or foreign power, such person shall cease to bo a


citizan of the United States, and. shall be incapable of holding
ruy ofrcc of trust or pro{it under them, or either of them.

ARTICTE XIY.
1. Neither slavery or involuniary servitude. except as a Dunirhment for crime rihereof the pari-v shall haie been duly convioted, shall erist within the ll;iteil States, or any piaci subject to their jurisdiction.
- 2. Congresi shall have power to enforce this article by appro.
priate legislation.
[trot!.-TbaUthrrltcboltbctE.ldn

cf lbo lhlrd qr.r


UtlG rl th! rccoDd

EXHIBIT

\--

Dlrt thccoutlluliorrr.proDo..drlth.locold!.slo!,
iEt !illol o( th. cisbth olaitct! i std t!. l3ll rr'
l

th. l2tb .rttct.. rl thr

l.sllo! ol lha clcvtBtb

co!8xcs.

(-6

: i:t+:
-' .: ,

,"
,io....
r+.

_,

,;o$gf.;_..

"i - -'.d/i_:._;.r
:
:-

'soti

:{
,l
.;

TITE

RAYTSED LAIryS
ESDIEA$TAta
9t.

Ilii

WHICH A.R,E COMP.RISED


j
,,:

"-;

ALL

SUCH ACTS OF

A GM{ERAL I

NATUIib'iN,S ENP IN FORCE IN SAID STATE;

.-

.,;.n.-t

.
'

AIPTTED AID E$ACTED BY TEE .

I
4':

-.

lt

GEINERAL ASSEMBLY
'la'

:.

't.
AT TEEIB FNFTEEITE

'.?

..'...1

SESSION.

EXHIBIT C-7

,l

.1..

i-br

-t
i.:

E
'.;

Y1

'

'{r"

d't
.F

_a
,.a

cEssIoN oF N. W. TERBITORY.

if the House of Representatives shall not choose a Presidenf whenerer the right of choice shall devolve upol: them,

(\*

before the fourth day of tr{arch next following,then-the Yice.


Prresident shall act as President, as in the case of the deat!,
or other constitutional disabilityr of the President.
2. The person having tJre greatest number of votes as
Vice-President, shall be the Yice-Presidenf if such number
be a majority of the wbole number of electors appointed;
and if n6 penon have a majority t then from the two highest
nombers on the lis! the Senate shall choose the Vice-President: a quomm for the purpose shall consist of two-thirds
of the whole number of Senatorc, and a majority of the
wholi number shall be neeessary to a choice.

3. But no.person constitutionally ineligible to the office


of Presidenfltratt Ue eligible to that of Yice'President of
tbe uaited

states"

ARTT.LE

13.

If any citizen of the United States shall accepf claimt


Cilizeubip
fotfeiiedr pc. receive, or relain any title of nobility or honour, or shallt
without the consent of congress, accept antl retain any present, pension, office, or emolument of any kind whatever,
irom iny emperor, king, prince, or foreigrr powert such per'
son shail cea-.e to be a citizen of the United States, and

shall be incapable of holdiug any ofrce of trust or pro6t


under tlem, or either of them.

..-

,!1,

d,

ACT OF VIRGINIA.

'ff
tr

r,li
t
:,
, ll

An Act to aotborize tbe Delegates oftbis State in Congressr tgconrey


to tbe Uaitcd States in Congress arseobled, all the Rigbt of this Commoowcalth to tbe TerritorJr-liorth Westwaid of tbe ri-ver Ogro.
[rrssrn DEcEitsER 20] l7B3.J

l.

'4l

,'

EXHIBIT

&,',;

,t,

io the United States, of a portion of their respective claims

for the cornmon benefit of the LTnion:


2. And whereas this Commonwealth did, on the
dav of Jasuan'.

il the vear one thousand

ii"ta

Fi
-

:l

-J
.l

l,

I
*t,' ii,t
,

il:,: : '',,

l':

{l

'${

\'.--

heamble,

IVnnnras the Congress of the United States did' by

their act of the sixth day of September, in the year one


thousand seven hundred and eighty, recommend to the se'
veral states in the Union. having claims to waste and unap
propriated lands in the lVestern Countr,v, a liberal cession
si:cond

seven huudred

to tire Consress of the United States,

"i"Utt-*"".
""h
for the"
bdnefit'o? the said Statesl all right. title,

and

-c-laim,

which the said Commonrvealtlr had to-the territory NorttrlVest of the river Ohio, subject to the conditions anner'etl
to the said act of session:
3. And whereas the tlniteil States in Congress asserF
bledn have, by their Act of the thirteenth of September last,

TIIE

RtrYISE.D STATUT'ES
oI. TIl!

oF IrYDrAlrA,
"..:

STATE

:: .

ADOPTED

.{.\D EIfI,CTED BY TIIE GE.\EA.{L -TSSE}TBtY AT

TSEI&,

'.
T

WEN?Y-SEC Oa\D SESSIO:f

')'

. ,i
TO

.
\:

$1IICII .IRE PBETiXED

TEE DECL.{R.{TIOX OF I:SDSPESDENCE, THE COXS.I'ITUTION OF T"IrE U. 3.. TUE

CONSTITIj?Io,\ oF TgE sT:t?E oF I-\-DI.{}-.r,

,.,:{D SUIiDBT OTIIEB DOCE.UENTS CO]iSECTE-D


:

WITII IIIE POLITIC.I.L EIETORT

OF TE5

EXHIBIT c- q

TERBITORY I.ND STATE OF INDTANA.

'^.i

lllltlctDt

colllLtD'

-^nD IGBLISAAD

lt

AUTHORITY OF TI{E GENERAL -ASSEMBLY.

INDIANAPOLIS:

,t
DOU6I.l'S! & JOLL, Pll:{lERr,
1838.

Af ,

"i'

CESSION OT'lY. }\T. TERRITORY.

.it
.

t!^e Senarei

l9

otLhe Senate shall, in preeence.of


the Senate and House.blRepresentatives; open all'the certificates,.and rhe votes shbH then be counted: ihe persen havido
the great[rumber of votes lor President, shall bc. thg piesf,'
dint, if strr number be a majoritv of the rvhole number of
electors appointed; and if .no plr-son haie sucbmaj;t)r, it;
from th? persons having tho highest numb?rs, noi erceedisc

**
- gf

...

'

tl'S,,,,,,,,,,,,,,-Presitlent

tbree, on rhe list of those voted for-4s President,,the House oT.


Representatlve! shall choose irirrnediately;by ballot, the Pre' cident. But in'choosing the- President,
the iote shall be takeo
states, the represeniatio{ from eacF slale hdving cme votei
^- . bFquoruin
lor rliis purpose shall bonsist of a membir br mem:
..a
. bers frorn two-thirds'of..the:states, and' a'majority of all the
. etatesi ihatt ud necessary.to
I And if the House of Be" "troi.e.
Presidint, rvhenever the right
.'- presentatives shall not c}bose'a
of ehoice shall devolre upon them, beforb the fourth dav-of

March next follotving, ilien.the Vicd..President shall aJt

-a

as

P:esiilent, as,iri tbe cesb of thp death, oi'other constitutioBat


disability of the President.
_ Z. - The person having the groatest number of .uor.. as yice.
P_resident, shall be the Vibe -President, if such uuinber be a-

the whole-nur4ber of electors appoinred; and if qo .


.' persory have a majority, rhen from ihe two highesd numbers on. .
tle list, the Senate shall choose the Yicd'President: a ouorum
for the purpode shall .eonsist of t,wo.thirds of the wholl !um- ' berof Sinaiors,'and.i majoriti of thowhole number shall be.' '
lecessarv to a cho!ce.'
_ e. - But no person conititutilnaliy ineligi6le to the ofice of
!-re.sid-e1!, ;hall be eligible to lhar of .Vide President of Jhe .. ,'
niajo5ity-

,t

of

Uuited Stgtes.

t'

. ":
Ir-"ny cifrzes oi *,, li;ir.a.-s,","" strait-alcepi'claim,.'re-f1i'.ceyo.*.'
'
rclrca'.tc
.
'rrPnobility
.
tirlc
ih"ll,
or hoabr,.gt
rittroot,
,ir retain.any
"ri"",
'i
the consent dcongress, accept-and rofhin aly piesent, peirsion,

'tin"*'"t
't

of uoy ti;ita wlratevei, ii6ra


'.
"1.[-i,
"t"-"Iume'nt
ceise
ti, Ue.i'
or brqign power, sucb person shall ""y
Eing,'priuce,
citiieri of the UoitedStites, ancl shall be incapable of holdiue
- ..
glrsEl
them,
or yrvlt
uFlst
sll vr
profit under
either Uf
or sllllEl
Vl
of lgCUI.'
ny.qffico ctf trust
fiem. j'

ltt

.,
.'
. "t'

'tr' , '.t}

.l

l'CT'OF'YIRq.I'NIA.
-,
- . _' '.
rorutlrorije
suro9rtze ,.liu.r.g"iAr
o" ueregare! ot.
AL-t: p
of.iSlasrate'in
tt$i -larc 'rn (,ongrlt,
rf I .ref
congreu,

'i.t
io'r
fo Conyty

.rr'i
tO tDa

f,'nlrgl Sts!.r in Coogresr anyU94 all trlc rghr of rbrl CoEmolwealrh to O.


Tcnirory Dortb vcstsatd of tbc.rlvcr Oftio, ' .
v

.i .:
1 {frssro oecrllen

2Q

..

',

EXHIBIT <-

/o

THE STATUTE LAWS

o" TTt

TERRITORY OF IOWA,
\_

ENACTED AT TTIE FIRST SES.qION OF ,rEE LEGISLATTTE ASSEIIBLY


oF SAID TERRITORY, HELD AT BURLIIiGTO:$, A. D. r$E-'39,

EXHIBIT <* / /

t
I

L{
PUELIIEEID Bg IITTEOBITY.

&

SCHCOL CF LAIV

*:

K$rvspsrt

;l

-!

5-

DU BUQUE:

RUssEtL & BEEVES; PRIilTE8,S.


1839.

(\_

lts
i?<.;
!.

a?

I
i

CENTII'ICATB.

t
!

o1

l.

ltl

EXHIBIT C,

/;L

' "s'!'
tectebry
".!:!9**^".
d Tcnibry.

/i'

TABLE OF CONTENTS.
DECLARATION OF INDEPENDENCE,
CONSTITUTION OF THE UNITED STATES,
oRDINANCE OF CONGnESS, r78?,
ORGANIC LAW OF IO\YA,
ABATEITENT,

94

3l
at

AMENDMENTS AND JEOFAILS.


AP- q:NTICES AND SERVANTS,
A[.'. llsRATORS
6!\
I v ll9 !AND REFEREES,

43
47

t9

A'fY^dHMENTS,

52
59

BAIL,

. 6I
. . O4
- 65
67
7o
. . 7I
- 7I
13
- i6
89
- tgt

BANKING ASSOCIATIONS,
BTLLS OF EXCHANGE,
BLACKS AND ITULATTOES,

- -r 6tc.
BURLINGTON,
CONSTABLES,
coNsTRucTroN oF STATUTES,
COSTS AND FEES,
COUN'I'IES AND COUNTY SEATS,
COUNTY COMIIISSIONERS,
COURTS,
DEPOSITIONS.
DISTRICT PROSECUTORS,
DIYOBCES,
EDUCATION' ELECTIONS. -EXECUTIONS,
FERRIES,
FORCIBLE ENTRY AND DETAINE&
CAMING,
HALF EREEDTRACT,
HORSES.
INqORPORATIONS,'
INDTANS,
INS NE-PERSONS,
INTERES?,
ruRoRs.. IUS'fICES OF THE PEACE,
:AWS AND JOURNALS,
.EGTSLATIVE ASSEMBLY,
BOA'TSANDVESSELS,

8ONDS.

t6O

:
.
.
-

{l[, , tILitJAltS, fILLS AND lllLLERS,


UNOAS. OBPHANS. AND GUABDIANS, . ,
IE EXDAT AND INJUNCTIONS,.
'ARTITION,
.t
.'.

l?B

t79

t80-

lg5

tyt
2!ll8

217

t2t

c*
c'6
w;
N1
nt.

n6
tfit
- ..- t8i
'

\Ics,

IM

.
.
-

.IMITATION OF ACTIONS,

d_E_r

EXHIBIT

tu
. i'84.

385

&n'
-: - Sb

. . l3t
36
-tgit
. 3orD*.
- gsai:
:.'

.''.

c-/\,

23
of the_Senate shall, in the presence of the Senate
and louse of Represeotar.ires, open all the certificates,
and the votes shall then be counted; the person havine
presid_ent

the greatest number ol rores for president, shall be thE


president, if such number be a majority of the whoie number of electors- appointeJ: and if no person hare such
majorit.v, then from the persoos hlving the highest numbers, not exceeding three. on the list of those o"oted for as
president, the House of Representatives shall choose im-

mediately, by ballot, the-president. But in cboosiug tlro


presidentr-the yotes shall be taken by States, the rdpre-,
r tion from each State !:aving one i-ote; a quorum for
q\- lurpose shall consist of a ilember or members frorn
tr' --thirds of the Staies. and a majoritv of all the States

shall be necessarv to a choice. Anrl if the House of


Representatives shall not choose a president, wherrever
the rigbt of choice shall. decolve upon them, before the
turth-day of illarch nest following, then tbdvice president shall act as presidenr. as in thl case of the de;th or

EXHIBIT

other constitutional disability of the presidenl


2. The person haring the greatett number of rotes as
vice president, shall be the rice presicient, if such number
be a majority of the whole numtrer of electors appointed;
and if no person hare a majority, then from the lrro highest numbers on the list. the Senate shall choose the vlce

president:

quorum, for that purpose, shrll consist of

two-thirds of the whole n_umber of seuators, and a majmity


of the whole number shall bc neeessary to a choice.3. But no person constitutionall_"- inlligible to the ofrce
of president, shall be eligibie to that of iice presideot of

tbe Uoited

S[ates.

aRTTCLE

XIII.

If.any eitizen of the fnited States shall accept, claim, whcu citizcnreceive, or retain any title of nobility or honor, or shall,sbip.rhalttn
without the conseot of Congress, aCcept and retain any rorfcitcd.
pr6ent, pension, o6ce. or emolument df any Lind whateve.r, from any.emperor,-kiog, p.rinee, or foreigo power,
ru$ pepo.o shall cease to be a ciiizen of the Uniled St.t"s,
and shall be incapable or' hoiding any ofrce of trust oi
; ' under them, or either of them.

c-

/q

THE

STATUTES
THE

oF

0t KAI{SAS;

TERBTT0RY
, i

PASSED

Ar rE'E tt*;mi13itr"3"Kfh*Stll*1$.rytslt'

oNn rHousAND

'
ro wSrca

^n!

atFu<ll

'

TEE DECTARATION OF' I}IDEPE}IDENCE,


AIID

TIT

\-- CONSTITUTION OF' THE U. STATES,


.

a*o t""

.,

ACf, OF CONGRESS ORGNIZING SAID TERRITORY,


AI{D, OTHET

ACTS O:F- CONGR,ESS


r

EAYINC IIIT(EDIATg RELaTrotr tnERRlO.

PIIINTTD LT PUNSUT"\CB OF THE STATUTE

SIJCE CASE UADE A.TD PBOVIDED.

SIIAWNEE M. L. SCHOOL:
JOIIN T.._BRAD_Y, PUBLIC PRTNTER.
1855.

tt

I hereby certis $at'the printiil

in this voluus aro. tnrc '


-acb' contained
in the office of the Secretory of the Ter. *

ies of, ths, oricinal rolls on file


Ra:rsas, with the exception

l\

utcy of

of

eucb correctioa*

of

clerisal.

erott

by the act entitleil ('Au

aet
rod Eistske! rs'&re ruthorizbd to be maio
t
statalec
antl
legislative
anil
thaq
the
sriil
the
proceeilingFr
lctc
ccnerning
are <irneotly publisheil is the book entitled " The Statrrtes of the Tenilory
of Kasas:P-

sAD{tIEt.r-

LOWE,.
Soper{tzlendent.

Bsavrm Mr,xsrt

L^ason Scuool, I
Ocloberrl9iil. ).

J.

t
t

(*t?

EXHIBIT

c-/e

2g

AIIEr\DltENTs

ro rHE coNsTITL:TIoN.

r,h,rrcLE vrrr.
Exeessiye bail shall
1* b.- required, nor excessive fnes imposeil, nor cruel anil
unusual punishments inflicted,

The mumeration

in the

."*#;fit.lit

to deny or disparage others retained by rhe pcople.

right^s, shall nor be consrrued

..The- pqlers nor dele.gareu ,"^,11 lI:iH J"*. o, the constiturion, Dor pro-tribiterl
by it to these Suates, are reserved to thc States respeetively, or to'the
people.

ABTICLE XI.

-The iudicialpoqer of theUuitcd Stat..s shoil not be coostrued toextend to anv


Suit !n iow or equiry, ccmmenced or prosecuted against one of the United Strtei
by citizeru of auother Siate, or bv citizens or iiubjccts of anv foreign State.

ARTICLE XII.

- 1. The
dent aud
tt:
(
i

li
:i'
ti..r

tl
't

,l
,!.i

'.

i'

ii'ii

I
t

EXHIBIT

c-t 7

electon shall rneet in their respecrive Staies onil vote by ballot for hesiYice President, one o[ vhonr, ai lca;t, shall not be rn"inhabitaot of the
same Strte as them-.clves : rhev shrll nrme in rheir bollots thc nerson voted for
as Presid-ent, aorl iu disriucc ballors the person tored for as Yice^President ; anil
thcy shail rnake distinct lists of all pdrsons voted for rrs presitlent, and of all
Pjrsols votcd for as Vice Pre-.itlent. arid o[ the nuruber of votca for each, whicb
lists thr'y shall sign and certify, rud ransmit scaled to the sear of sovernment of
the united statcs, directed to the Presitlenr of the Senatc ; thc Pi'esidenr of the
Scnate shall, in the presence of the Senatc rnd Ironse of Reoi'esentatives. onen

allthecertificates.anrl thevotes shall then be counted: the^personhavingihe


greatest number o[ votes for Presirient, shall be the Presidc.nt, if such numbir be
a majoriqvof thewhole numberot elecrols nppointed; and if no pcrson have such
majqriq, then from the persons having the irQhest num,bers, uot'erceeding three,

on the list of those votid for r-r Prisitlcnt.ihe Elouse of Representrr,ti#s shali
choo-oe-immediately, bv ballot, ihe President. Bul in choosing ?he Presi,Ient, the
voces shalll:e takcn by States. the represcntatiou from ea,ch sriiehaving onevote;
& qlrorum for this pnrpose shall eonsist o[ r mcmlrcr or me:nbers from two-thirds
gi lhs states, aud r' majority of rll the states shall be necessary to a choice.
And if the House of Represeniatives shall not choosc a President ',r'henever the
right of choice shail derblve upon rhem, before rlie fourth dav of Jlmch following, then the Yice h'esident sda[ ner as Presideai, as in the case of thc ileath or
other eonstituiional disabilitv of the Presitlent.
The person-having the"greatest number of voies as Yice President, shall be
--.2.
vice President, if such number be a mnjoritv of the whole number of elecbors appoinbed; and if Do person have a ma.iority. then from ihe iwo highest numbe^rs
in the list, the -Senrie shall choose the Vice Presitient : a quoruD fJr thc purpose

ehall con-cist of two-thirds of the rvhoie number of Senators, anil a maj'ority of


the whole number shall be necessrrv to a ehoice.
'-.-3..- Bat no person constitutionalli ineligible to the offiee of Presirleat, shrll bo
eligible to ihat of Vice Pre-=idenb oi tbe United S;ates.

:I.RTICLE XTII.

ff

qny citizen of the United States shall accept, elaim, reeeire or retain any
title. of nobility or honor, or shall, vith,ouu the ionsent of Congiess,
anl.
retain any preseot, pensiou, office or emoluurent of any kinil whitever,"eeept
froir any
emperor, kiug, prince, or foreign po\rer, such person s[,ell mase to be a cirizeu of

TREATY OF

CESSIOI{.

29

the-United States,- and slall be incapable of holding any ofrce of truet or profit
under them, or eirher of them.
fNorn.-The 11th articieof the amendments to the constiturion was proposed.
at the second session of the- third Congress ; the Llth article, at the firsi sdssion
of the eighth Congress; andthe 13th irricie. ar thesecondsessiouof thc ehrenth
Congress.

TREATY OF CASSION.

Treaty between the united states of "iltnerica and the French Eepublic.
The President of the United States of America and the First Consul of the
French Republic, in the name of the French people, desiring to renove all source
of misunderstt nding relatire to objeets of disiussion meirioned in the second
anri fitth articles of the convcntion of the Sth Yendemaire, an g, (30 September,

\-

1800), relative to the rights clairaed by the L-nitetl States in virtue of the treatv

at ]Iadrid the 2Tth of Oct-ober. 1i05, betrveen his CathoUc l{aiestv


and the said United Str-tes, and willing io strengrhen the union and h'ien&"bip r:hicir
at the timc of the said convention ics happlly re-estrblished bctreen the two
nado-ns, have respeetir-ely named rheir pienipotentiaries, to rit: the Prr-siclent of
the Linited States of America, by anil *itU ile advice aorl consenr of the Senate
of the said States, Robert R. Livingston. minister plenipotentiary of the Uniteil
States, and James llonroe, minisiei plenipotentiary anr.i envo-v dxtrrordinary of
the sald States, near the government oi the'French Republic; ir,r.l the First ionsul, in the name of the French pcoplc, the French citiztin Brrrbe JlarLois. minisier
of the public treasury, who, aftel liaving respectivelyexchangcd thcir full pone6,
haye agl'eecl to the tollolnng arrrcles :
Ant.
Whcrcos, by thc a,rticlc the thirrl of the treaty eoncludcd nt St. Ildefonso, ihe 9tli Vendemaile. an 9. (1sr October, 1800), bitween the First Cousul
of the French Republic rnd hls Caiholic )fujesl-v, it wre rgreed as follows ., His
Catholic }Iajest,v pronuscs and enguges on his part io rctloceile tb the Frcnch
Republic, six months after the full and entire execution of the couilitions and
concluded

1.

atipulations herein relative


or province of Louisiana,

to his ro;;al highnt.:s, thc Duke of Prrma, the eolony.


with the sxme estcnt that it now has in rhc han& ot

Spoin, and that it hrd rrhen Francc possesseri ir ; and such as it shodd be after
tbc Featies subsequently entercd into betncen Spain and ot.her State-..t' t?nd,
u:hereas, in pursuance of the tieat,v, and particularly of the thinl artieie, tbo
French Republic has an incontestibl.: title to the domain and the possession of the
said terrirory; the First Consul of the French Republic dcsiring to give to the
Uniteil States r strong proof of his friendship, doth hercby cede to the Uuited
States, in the name of the French Republic, forevcr, antl in full sorereigut-r, tho
said territory, rith dl its rights ontl appurteucnces, as fully and in -rhe sane
manner ae they hrve been acquircd bythe French Republic in virtuc of the abovo"
mentioned treai;r, eoncluilcd, rvith his Catholic }Iajesty.
Anr. 9- In the eession mcdc by the preccdins rrticle are iocluileil the adircent islands belonging to Louisiaua', atl piubtic loti and Equrres, racant lands, ind
ell putlic buildingi, iortificrtions, lao",ins anil other edifices, rhich are notJri;

EXHIBITCGIIE
C-/

r .

C"f

) L- -J -tl)",i,1roro.

ryWrhr%::i;
OI

TEA

StCIfc of Wfssoror0s
REVISED AND DIGESTED

Of tHE

GE lTE

AA.! A S SE ITIB I.T.

IN T'TO TOLUMES.

EXHIBIT

WITH AN APPENDIX.
.dl
ea.4

Putlished accordiog to an act of the Geaeral Ar:enbly, parsid

glst February, lqg5.

ST. LOTJIS:
Printld by E. Cbarless, for the State,
r

8?5.

c-l o

r 'I

It
P
,

@owtgoufs"

I
i
i
.i

PAOE.

]LARATION OF INDEPENDENCE.

\-- fu

unntdmatrs d*claration

.4merica,

of the Thirte;n

Unired, Statcs

of

ARTICLES OF COr\FEDERATION,
licles of conferlerat_iut
-lrticles
corrferleratiut and,
and. perpetual
pe,etuar u,tr,ionrbetacen
unionrbetacen ilu
flu $aes
slaes of
of
pt^i- knt--s
n^", Rhade;tll'eu-Hamnshirpcu- tlamps h tre, Mn<srh,i.ori"
Jllas sat ht s etts Boy,
p roti_
^- ;-;--^--l
land and,
(te
rle nte
york, tr'Ao-JerscU
kmtat
ta I aO,
ts, VUn
rtte P
i.o ns,
f Latt
Cqn ntleclt
ecticw
cw t, A'2a:Niix Yo.k,
ni
- Pent
t!.L"!,lt D.elauarer. tllurylgn'|, Virginia, Abrti drotii,
S,iuth Caroli tw, and Geoig'ia,
6
colfsrrTuTroN oF THE UNITED STATES,
t4
lnrcndnvnts ev.roo
to the w16atau
corctihttion of the Unired, Sto,tes,
9B
TREATY OF CESSIOi\,
Treay kaucen the United Statu of Lmcrica and, tlv Frauh
Republic, concludcd on thirtieth of flpr;I, eighreen lwrdrred,

ail three,

co)iY&\TIOI{,
"4n ad b authoi=e
@Let;tutiotu

antl

31

tlw pgople

of trIissouri

state

territory ro

forn

{menrnunt, and, for tlv'admitrsion of


nrch stak into tlw Union on an eqrnl foiting uith tfu
o
staks- md to Inrohibil slaury in iertain territories,
"ii*it
35

ORDINA.\CE,

An ordia.rnce declaring the assent of the people of Dlissouri,

b,v their.representatives io coovention' asfumbled,


to-cer]
tain cooditions and provisions in the act of coogre.', .r trrt
si:th.of }I;rrch, onc- ttrousand eight hundred ioa trloty,

eatitled.

ST-{TE

&c.

CONSTITUTION,

. rlmeadrnents to tbe constitution,


.lqIFSIOi{
INTO THE UI{ION,

.\-

.,
,^

;;

65

Resolution.proridin.g for the ramis.ion of the state of Missouri,


oo-

a certain

condition,

public act, deilarins the assent of this state to the


lundarnental condition, contained in a resolution passed by
-fo.r
tb9
tb;*i
.cong1els- of the United S_tates, providing

^ solemo

mission

6l

of llissouri into the Union, dn . certiin condition. 6g


of ttre UniiedT;"tuE***t ;o

proclamation by the president

EXHIBIT c -ao

TREATY OF

CESSIOf.

3I

und if no person have a majorityr then from the trvo highest


numlrers on the list. the senate shall choose the vice-presidert: 'aquorum fcr the pul?ose siiall consist of two thirds
oi t:re rvlole number of senators, and a majority of the
wirole ntrmber shlll be necessary to a choice.

of

i.

Birt no persr)n constituiionolly ineligible to the office


to that of rice-presidert of

pr,:-.iJent. :h.rll be eligible

the LTrrited States.


Anrrcr,e 13.
citizen of the UniteLl Strtes shall accept, claim, J;"", 1,
receiuc, or rclrin an"r' title of nobility or ho.ror, or shallr,ioo.oected
'-' 'out the consent of congress. acceot and retain anyrvttD lDis
kind rvha[-lr",1l"llll r,
\ rL pension. offce. or em,ilument'of
foreiqn po\verrscc 9,_
cr-er, from an;- emperor, king, prilce, or "ny

If

an,v

srrch person shall cease to be a citizen of the United Statest -c.Me"f ,

and ihall be incapable of holtling any office of trust o;l'.tt"ctlj


prrrfit ulider them, or either of them.
f No,re.-The t I th article of the amendments to the constitution,
rrai proposed at the sec,;nd scssion of tlre tliitd congress: the llth
the l$th ararti,:i., it the first session ol tJre eighth congress:
"id
ticle, at tle second :ession of the eleventh congress.]

EXHIBIT C-2

+Eru!$trg oF cEsslonr
Trcaty betweeu the U. States of america and tbe Frelch republi".
Th" o...i3"nt of tlre Urrited Stltes of .{,merica. ona th"

30-lprilrl803
Desiru

of

firsr corisul of the French republic..in the namc oe tnefl',![liirt


Frcnch people. desirirrg to rernove all source of mis'rnder-air ro"r." of
stardilg relaiive to obiects of discussiorr me;rtioned irr the mistrnd?t'
second ina rilitr arriclci of the convcrtion of the sth Ven- l1i;:i:1#''
derni,rirc, an 9 (3 )th Septcmtrer.l S0C) rclative to the riqhts c.airrscrioo
elairned br the Uniied Stltes. irr virtueol' thc treiitv isn-of rhc.treaty
cluded
]ltlrir.l rhc zTth Octcber. l?95. bctrvce" hi.3[,tltJil,;
entlrolic "f
m.r.icst.r and rlte saiJ Uriitetl States, ald wiltir:e to 6,'i-o1"1,'stre:rgtlrenihe-union and flieridship whicir'at the timi ef li955fo.

thc sl.id cooventitn s'as happilv ic-e:,,abli:Led berrr'ecn -ro1 ,o


the ts'c narions, har'{ respectiyelv namc,J their plenipe.ii'c'iiu.o
tentiarit's1 to wit. thi-pr.:sident ol ihe United $1a1s5 qf the.unloo.
Americar'b,v and lith the adsicc and consent ol thc-scnate:[$t;lit'"'
ol the s.rid st;rtes, Robert il. Lir inqston, minister plenip+ F;;;rt;"*
tentiarv of tire Urriieil Statcs, a:rd James illonroe. minister

F
\--

cteniiurv and envoy eitraorrlinar;i o-f thc said statcs.


-he qolernrrc:)t ot' the Frc:rclr reprrblic; and the first

comull in t:re name of the French people. tlrtr Frcnclrcitl


zen Barbe Jlerbois. nrinistcr of tlrc rrublic tt'casurv, rvho,
;rfter hari13 ls.pectir-ci.r' cschargld iireir lullporvcis, lraue
agreed io

tIc

to!l >wiirg articl:s:

THE
-t
ts.

'

REVISED STATUTtrS
OF THE

sTATE OF MF$SOURr,
BEYISED AND DICESTED

oNE

B.r TEE EICBTTI CENERIL ASSE'dBLT

THOUSAIID ETOHT rrUXOreo

DURTNO TIIF:

altD TIIIRTT-FOUR, .iND O:fE

Tr{ousaND ErcHT EuNDRED AND TEIRTT-nVE,-

EXHIBIT
TOCaTlllt wltu

TITE CONSTITUTIONS OF }ITSSOURT

A\1) 08 .IIIU U}.IT?;D STAr:

j.

t'=

.'{

PET.TTED ASD PUBLISgED UNDERTTIE DrlEc-T

IO

N OF TEE SUp.Iar!r T E$D E!rT

PPOI:lTED BT TItE CEIiERAL fSEUBLT

ST. LOUIS.
'l
-,rf

ratsre't,

r? Ttr! it,iu.t

,', r . . . . . . . . - .'. .. I . .

I 835.

POT-

t rt,a.,

?EAT PUBPOSE.

C'27,

-f

;t 'ri

Pursuant tdthe sAct concerningthe Ilerised Statutesr" passed

on the

gl.st,

of

Ifarcit, 1835, tlre unrlersigned, a comnrittee appointedto superiltead .he poblicdtion cf the Revised statutes, does hereby certify, that'the te.xt of-tbe:Eevised
Statutesr'contained in this volurre, has been exarlrined and compared by him, v'ith
the transcrigl from the original.titls, furnished bv the Secretary if Stare, of the acts
'passed by the eiq[t]r
general

l}th, 1835.

'i,f

EXHIBIT

.-.

uirai"lly, and directed to be published is the Revised . .

Statutes; and thaithis volume was printed under the authbrity,confer-ad


Oclpber

..
.

C,23

by.law.

.'-

'
-

l9

CONSTITUTION. OF

THE UNITED STATEIS..

ARTI CLE IX.

- The enumeration in t}re constitution, of certain rights,


-?'---' sball aot be construcd
deny or disparage orhers reraiaed by the p"opi".

ARTICLE

lc

X.

powers not detegated to the llnited states by the eonstitution, nor pro2
..,Th..
olLrrted by lt to these states, are reserved to the states respectively, or to the people:

ARTICLE XL
The judicial po\rer of the united states shal not be eonstmed to extend to anr
sult ln. law or eg:rity, commeaced orrrosecuted against one of the {.Inited Stat,ir
b)' crtrzens of another state, of by cifiens or subjeEts of any foreigu state.

ARTICLE XII.
l. The eiectors shall meet in their respeetive states, and vote by ballot for prc,
sident and
one of r*'horn, li r"uti,-.rorl;;; b;-;; I'nlubitunt of thg
'ice-president,
same state rtith
themselves; they sba.ll name in iheir ballots the Derson voted for
ar p.r'esident, and in distinct ballbts t}re person voted for as vice-prbsident: and thev
shalj make distinct lists of all persons voted for as president, and
of uil p"trooi
as i'ice-president, and ofthe number of vot'es ror
ori;illJt;'tht
{bt
:l]id t'S and certify, and rransmit
"uJn,
sea.led to the seat of the
g'overnment of th'e
il_"11
L'nrted |jtates. dilecre'd to the president of the senate; the presi-deut
of the senate
sh^all. in the presence
th;:;;;;;
oir"pi.!.iii"iir'".]oilo
.I the cer.
votes"fshalt then "oj-rt"r." tt;;il;';;i:iog',t5'gr"utest nur>
l,I_"1::::.".i.the
Dero_I,1
oie-r lur',preside.nt, shar be the president, if such numbEr be"a majority of
Ine $llole nunri;er ol'electors.a.ppointed;and if no person
have such maionty,ihen
havins. the
noi exceeding ,i,r"". o?";lfii.,
lr.^1,1..!:.scns
rnose,vuteL[ lor as-president, the house of rcpresentatives
"?
shail choose immediatelv.
o.v Dattotr the president. B-ur in choosing thi president,
the votes shall be t"["o di
on from e a ch s taie ha i. ing
; i-;i; ; ;
lT-'^..:",:'
pose shall; l.e]=.31,11en"t1ti
unsLst ol-a rnember or members from-rrvo
", thirds of
tlie states, and a ma
joritv.ol'all llre stures shall be necessary to a choice. a"j'ii'ifr"
iiouse of reoro
sentarives shall not ch<rose a president ivhenever *e rigliiofclrl"-.r,21!";Jl";
upon rhem, before the
of }tarch nert folowi"ng,
sirall act as president, as in the iase of the death r. ,rh;;t;;;titl.,or1
disability
of the prtsident.
2. 'I'he. pe'son having the g"eatest number of yotes
.
-as vice-presideat" shall be
vice-president.. ii sueh numbeibe a majority of the rvholepoin.ted: and ir'no person have amajoiityrithen from it*-t*" rriehest
numbers on
the list. rhe senrte shall
thdui"i-ptetid.;i;;q;";;i;ru;purposeshall

il;;";i;,

hi![;;;-;;i;;;;,

6;;;; };rT,jn;i

ih;il;"i;-i;ij;";

l!:ll{"y

EXHIBIT <4

"";d;-;a;i"lt"i, "i
;i;;;;;;;;;T"; il"joriry of ttre

.choose
consist ot'rrvo thirds of the
q-hole oum[",
s'hole number shall be necessary to a choice.
3. But no Derson constitutionaily ineligible to_the ofrce of
v' prerideat,
ehdl b.
vrw'r
eligrble to thit or ni"e-prertaeoi;? ,h"'t;i.d-s;;;--

. ARTICLE XIII.
cirizeu o, ,n" United States shall accept, claim, receive, or retrin any
.,^J-f Tl
gi oobility or l'.onor, or sLail, *ittroui-ihe c{pient oi
accept and.
l^'l:
retain anv prese'L pensio-n, o6ce or emolument 6f any
"oogr"'rr,
tiua
*F"ie"er,
rrom :rny
emperorr kiog, prinie, or foreig;a power, r*b purroo
th"ri *"r" t" bc a citizen

CONSTITUTION OF THE UNITED

STATE$,

of the United States, aqjl shall be incapable of holding aay oficc of tnrst ot
under thern, cir either of them.

rg

proft

fNorn.-The llth article of the ameudments to the constitution, was proposed


at the secoad session of the third congress; the l2tJr article, at the firsi session
of the eig_hth congress; and the l3thartlcle, atthe second session of the eleventh
congress.J

.EXHIBIT

C-25-

[AWS, JOII{T RESOTUTIONS, fu\D ]IEUORI,{[S,


PASSED AT THE
THIRD SESSION OF TIIE IEGISI.,ATIYE ASSEMBTT
ol rlla

Y.BRRITORY OF NEBRASI(A,
BEGT;I{ AND HXLD AT O}TAIIA CITY, N. T,

,ranruany sth, a. D. 1g5?.


TOGETHER .WITH

THE COI STITUTIO}T OF' THE UI ITED STATES

AN-D THE ORGAr\IC LA.W.

PRII{T}:D AND PUBLISHED BY AUTHORITY.

BROWNV

ILLE,

N.

T.

IloBEnT lV. FTRNAS, TERRITORITTL PRII{TER.


1357.

EXHIBIT

-26

CERTIFICATES.
OMAHA CITY, N. T., Maaca 30th,

1857.

'W. Funnls,
_ I bereby certify that I have, this day, trausitted to Rosrar

Territorial hinter, corect copies of all the Lans passed by the Legislative
Assembly-of Nebraska Terriiory, at its Third Sei.ioa, be'gun and"held at
Omaha City, January Sth, t&5?.'

T. B. CUMING,
&ndary of .i\f&raska Turilory.

of the Larvs
its Third Session, begun and beld at Omaha Ciiy, January 5th, 1857, and transmitted to
me by T. B. Courrc, Seoretary of Nebraski Territory.
hereby certify that the following are true and correct copies

passed by

ihe Legislative Assemblfof

Nebraska Territory,

it

ROBERT W. FURNAS,

Public

EXHIBIT C- 27

Printr for

JYebraska

Territory.''

.ls
for as President,

aud of all persons voted for as Vice-Presidentg


and of the number of votes for each, 'rvbich Iists they shall sign
and certify, and tronsmit sealed to the seat of government-of
the Unitei States, directed to the Presideut of th-e Senoie; tbe
Presidentof the Senate shall, iu the presence of the Senate and
House of Representatires,open all the certificates,and thevote3
shall then be counted; the person haring tbe greatest number
of votes for President, shall-be the President, lf such number
be a majority of the *'hole number of electors appointed; arul
if no person have such majority, then from the persons having
the higbest number, not exceeding three, on tbe list of those
voted for as President, tbe House of Representatives shall
choose immediltely, by ballot, the President. But, in choosing
the President, the votes shall be taken by States, the representation from each State haring one vote; a qnorum for this purpose shall consist of a member or members from trvo-thirds of
the States, and a majority of all the Srates shall be necessary
to a choice. And if the House of Representatives shail not
choose a President, rvhenever the right of choice shall devolve
upon them, before the fourth dav of ]Iarch next follorving, then
the Vice-President shall act as President, as in the case of tbe
death or other constitutional disabilitv of the President.
2. The person haring the qreates; number of rotes as Vice-

President, shall be the Vice-President, if such number be a


rnaioritv of the t'hole nunrber of electors appointed; ard if lo
person hare a majoritv, then frorn the nvo hiqhest numbers on
ihe list, the Serraie shall choose the \-ice-Presidentl a quorum,
for that purpose, shallconsist of trvo-thirds of the rvhole nutnl-'er
of Senators. and a majority of the rvhole r:umber shall be neces-

s.1rv to a choice.

i. But l)o person constitutioually ineliqible to the office of


President, shail be eiigible to that of Vice-President of rhe

United States.

ARTICLE
\\'r.c'

:r'r''|

EXHIBIT C- 2Y
Gt

IIII.

claim. re.:.'msi.,D If any citizen of the United States shall accept,


^shall,

l'er'tr*id. ceire, oi retain anv title of nobilitv or houor, or

sithout

rhe consent of Congress, accept aud"retain ar:y present, pensicn,

office, or emolurnent of any kiud n'hatever, from any etnpeior,


kiur, prince, or foreign po$'er, such person shall cease to be a
citizen of the United States, and shall be incapable of holding
anv office of trust or profit under them. or either of thern,

'

[auln, Jnint ilerslntionr on] $lrnrurialr


PASSED AT

THE FIFTE

SESSION

OF fEE

TEGIS.LATIYE ASSEMBLY
OI'TEE

TERRITORY OF NEBRASKA,
BEGUN AND EELD AT OMAEA CITY, N. T.,

TBX

TOGETEEB WITE

OC|NSTITUTION

OI' THE UNIITD

STATES

EXHIBIT C-

AND TEE

ORGANIC LAW.
PTIEUSEED

BY AI'TEOBITT.

rra

TEOIIAS MOBTON, of the " Nebrashe City Nows,' rad

,. luuoo0ni g. nOgrnTSoN, of the ,,ooaha l{cbnstien,'

a.

PUELIC IBINTBBTI FO8 TE8 ItsBBITOBT.

.#

re5g.

n'

o,

f
t!
\
Srcttttartr Ortrcr, )
onrhr ciir. :\;cbtrslt#il#ff:

hereby certify

th+

hrve thir ilry delivered to

itouer fortor, of

the t'Nebrrstr City Nevr," ald Tbeodore E. Bobertsol, o! tbe 'r Omabr
Nebnskiaor' Toritorid PrinCen, tme and correct copieo of rll the Ilw'r,

Joint Regolutioar aril ldemorialq prsseil by the kgislitive lssembly of


Nebrrskr Territory at the sesiol begun aait belil r! Onahr clty, N. T.,
Septembor 21,

l"

D. 1858.

J.

STEBJ,ING MOBTON,

Eeirelrry of lfebrrsks Territory.

We hareby certify thet the following ar6 tru enil consct copies of &e

Iowe, Joi.ut Resolutions ald lf,emorialg passeil by tha legislative A.sseo-

bly o( Nebraakr Territory, at the

gessiou begon end held at Omchr

cily,

N. T., September 21, A. D. 1358, autl delivered to us by J. Stcrling l[ortoo, SecretarT of Nebrasks Territory.
OEsLq N. T., December 20, 1858.

rEoMAS UORTON,
TSEODORE

S.

B.OBEBTSON,

Tenitorirl Prirten,

EXHIBIT C -3 C

16

corsrrrurror.

ARTICLE XII.
lrod.ofcl6cL 1. The electorg shall meet in their reepective states and
ffi ffi't*,- vote by ballot, for piesident and vice 'p...ia.oi. oo" of
dent or rlr'c *'hom. at least, ehall not be an inhabiiant
of tire same
o'ittdstit r. stare with themielves;
in"y ,i"ir n"ru iolir"ii'u"liltr'il,u
personE vote-d Jbr as president, aud in distinct ballots Jhe
persoo voted for a-s vice presideni; and tbey ehall make

distinct liets of all pe.soos voted for


p."ila"ni,-"ni of
all pereous voted foi ae vice president,",an'd of ilu oo*U",
of votee for each,- which lists'they sball rign and ...tify,
and transnrit eealed to the seaf of goveinment of tid
f,nited States, directed to the presiden["of the Senate: tbe
president of the Senate ehall, in the presence of the Senate
and Elouse of Representatives, open all the certificates, and
the vots shall then be counted; the person having the
greatest number of votee for president, sball be the nreeident, if such nuruber be a major.ity of ihe wbole numder of
electo-rs appointed;and if no peis,rn have such majority,
then frour the persons having ihe highest number, iot exc-eetng three, on the lig! of-those voted for os president,
the Bouse ol Representatives shall choose immediitely, by
ballot, the presideut. Bui, in choosrng the presiderri,' th!
votes shall be taken by states, the -representation from
each state having one votel a quorum foi tlris pur.pose sball
consist of a mernber or nrembers frt_rm t*'o-ihirds of the

\\_

'

states, and a nra.iority of all the states shall be necessary io a


choice. lnd if tbe Eouse ofRepresentatires shail notcLoose
a president, wirenever the rigtrt of choice shall devolve upon
them. before tle fourth day of Jlarch nest following, tlen
the vice president shall act as president, as iu the case of the
death or other constitutional disability of tbe president.
2. The person having tbe greatest numbei of votes hs
vice president, shall be tbe vice president, if such number
be a. majority of- the whole number of electors appointed;
and if no perdon have a mcjority, then fr:om the twb'bighest
uumbers on tbe list, tbe Senate ehall cboose the vice iresidentl a quorum, for that purpose, shall consist of two-ihirds
of the whole number of senctors, and a majority
of the
wbole number shall be necessary to a choice.
3. But no person constitutionally ineligible to the offce
of president, ghall be eligible to that of vice president of

tbe United States.

If

of

auy citizen
wh6n clrtz.n_
:!-,.p-..+Pt bc receive, or retain

rorleitd'

EXI-flBlT

\.-

c-3

ARTICLE XIII.

the United States shall accept, claim,


auy title of nobility or bonor, or shall,
witboui the consent of Congress, aicept and retain any
present. pension, office, oremolumentof any kind whatever,
from any emperor, king, prince, or foreign power, such persoo sball cease to be a citizeu of the United States, and
ehall be incapable of holding auy office of trust or profit
under thero, or either of tbem.
'

QO,oa

./41, a >

-zr. +r

[aw, joint

fimolntionr

0$ $knuriotr

PASSXD AT THE SIXTB SXSSION


OF TEE

LEGISLATIVE ASSEMBLY
OF IHD

TERRITORY OF NEBRASKA,
BEGUN AND EELD AT OMAEA CITY, N. T.,

DECEMBEFB 6, A- D. 1a69TOGETEEB WITE

THD CONSTITUTION OF THE UT\ITEDt

sTlTfs.;

AND THE

EXHIBIT C- 3

ORGANIC LAW.
PUBLISEID . BY AUTEOBITY.

THOMl'S }tORTON,
oF TEE,'NBEBASEA CITY I{8W9,"

PRINTER.
1860.

'\

16

orsrrsnox.

ilStgl,'l*", -^l: To "t"..to., -*'"riHff ,#heepootrva

stotes a,

ff,Iffi'".":"bT,:lJilIli;l,,T1lluil':lo,"llff ;g:T'iF"li,""?,',,t
'

and traogmit seiled to the scat'of qorneinment

'
Il.i":llr'j.
li.'[,',ltt"
'

EXHIBIT

c-3

stoto with tbemeclver; t}ey ehalt lreme in tbcir brllots


Wreong votcd for ae preeiden! aod in distinct ballots tr
perEon voted for or vice oregident: and thcv ehcll ma
dietirrct list! of oll pereoni voted for ag preJident, aDd
all persona roted foi ag viee preaident,
of tbe numb'
of votes for each, sbich liets'tbev shail"'oO
sign arrd certif.

of

tl.

Uoited Stateg, directed to tbd president"of tlre Scnate ; tl


presideot of the Scoatc shall, ii thc preseoce of thc Senar
and Eouee of Representatives, opeo ill the ccrti6cates, ar
the votcs sball then be counted; the pelson having tl,
gl'eatest number-of voies for president, shall be the pres
dent, if auch ouriber be c majority of the whole oumber ,
electors lppointed; and if no person have such majorit;.
then from the persons baving the higbcst number, not e:
ceeding tbree, ou the list of thosc voted for as presideni
the Eouse of Represeutatives shall choose immedictely, b'
bollot, the presideul But, in choosing the presideot, th,
votcs ehall be taken by states, tbe represenlation fror,
each etate baving one vote; a quorum for'this putpose shai
consist of a member or mcmbers from two-ihirds of th,
etates, and a majority of all the states shall be necessary ro :
choice. And if tbe llouseof Representatives shcll not choos,
a. president, whencver the right of clroice rrhall devolse rrpor
thcm before the fourth day of flarch next following, tirer
tlrc vice president shall act as president, as in the inru ot
thc death or other constitutionaI disability of the presiclent.
2. The persoD having the greatest number ol votes as
vice president, sball be the vlce pr.esident, if such number
be a majority of the whole num6er of eleclors appointed
and if no persotr have a majority, then from the ts,ohighest
numbers on the list, the Senate ehall choose tbe vicd presidentl.a quorum, for that purpose, sball consist of two.t'hir.de
1rf tbe.wbole number of senators, and a majority
of tbe
whole numbcr shall be necessary to a choice. .
3. Bui no pgrsqn constitutionally ineligible to ttreofrce
o-f ryegidqn!, shall be eligiblc to tbat oivice president of
tbe uuited states'

If

of

ARTI0LE XIII.

the United Stateg sball accept, claim,


receive,- o_r retaio any title of nobility or honor, 'or shallj
without the consen_t of Congress, aciept and retain any
present, peosion, otce, or emolument of ioy kind wbetever,
.frem anJ emperor, kiug, prin'ce or foreign power., sucb per-

'eon

any citizen

sball cease to be a citizeu of the United States, ind


ehall be incapable of holdiog
on.. of ti"J
pr"nr
"t
under theo, oi eitber of theol "oy

pnur, Soint $lrolntious nuil $lrmoriulr,.


PASSED AT TIIN EIGETH SESSION
OF TEE

T,EGISLATIYE ASSE}IBLY
\*
oF

TEE

TERRITORY 0F I{EBRASK{
BEGUN AND

IIEID

AT O}IAHA CITY, N. T.,

MBER 2, A. D.,

1861,

TOG TEEE WTTE

TEE CONSTITIITION OF TEE IINTTED STATES,


A.I'D

lEE

ORGA}IIC LAW.
i.

PUBI.ISmD BY .I.UTEORIIL

OMAEA CITY:

IAYLOR & Mo()LURE, PIIfNTERS,


1862.

EXHIBIT < -s1

18

CONSTITUTION.

ment of the United St*tes, directed to the president of


the Senate ; the president of the Senate shall. iu the preseuce of the Senate and Eouse of Rcnresentatives. bpen
all the certificates, nnd the votes ehali then \e conutid;
ttre persou having the greatest number of vofes for presil
deuf, shall be thipr.esident, if guch number be a miiorty

of the rvhole nnniber of electorg appoinled; and if

n-o

person have such maiority, then froin'the oersone havins


the highest nnrnber,- ooiexceedins three.'on the list oi
those voted for as president, tlre Honee of Representatires shall choose i'mmediatelv. bv ballot. the Jresident.
But, iu clroosing the presidedt, t6"
taken
"ot".'rhall^be
by states, the re"presen'tation from each
state having oue
vote ; a quorum for this purpose shall ccnsist of a member or mc'mbers from two'-thiidr of the states, aucl a majority of all the states shall be necesshry to a choice.
And if the House of Repr.eseutatives shail not chot'rse a

presiCen! whcuever the right of choice shall desolve


upon them before the fonrth day of ]Iarch ncxt following,
tlien the vice-president shall adt as president. ag in tht
case of the death or ottrer constitutional disability of the
present.

.i.

The persoD having thc greatest number of votes as


-vice-presideut, sh*ll be the vice-president,
-number if such number be_a majority of thc whole
of electors appointetl; and if Do person have a majority, then from
ihe trvo irighest oon beru on the list, "the'Seoate shall

choose the vice-president;


quorum, for that purposer
shall corrsist of tivo-thircls'of tfie whofe numb"rbf 3.o*j
tors, aud a urajority of the whole number shall be neces.
sary to r choiec.
3. But Do person coDstitutionally ineliaible to theoffice
of pr_esident, shatl be eligible to that of "vice-president of

the United States.


Wben citi!FBhip sball be
forfeited-

EXHIBIT

\-

C-3 T

ARTICLE XIIL
of the United States shall accept, ciaim,
receive, or retain an-v
-oftitle of nobility or honor, or shallwithout the coneent
Coogres., acdept
and retain any
-of
preseDt! pension, office, or emolument
auykind whatever. t'rom any crrperor, king, priuce or rbieigu power,
such person ehall cease to be-a citizen of thc Unitecl
States, aud sh,all be incapable of holding any office
of trust or profit uudcr them, or either of them.

If

any citizen

TTIE

GtrI\ERAL STATI]TES
STATE OF I{EBRASKA,
COUPRISING ALL LAWS OF A GENERAL NATURE IN FORCE,
SEPTEIIBER 1, t6?3.
covprLED FRov TIIE

REVTSED STTTUTES

Of

1866,

^{trD TUE YIRrOL.S

SESSTOS LAIVS

I\CLUDI\G TI{E ACTS P.TSSED AT TIIE ]II.iiTE


TENIrI sEssloIis oF THE LEGISLATURE oF 18?3.

TiINCE EXACTED,

.T:ID

If

GUY A. BROWI{,
CO}T]TISSIONER APPOII{TED FOR THAT PURPOSE.

V]TH IIE.\D \OTES,

U.TRGI:.IAL NOTES, ,lND GE:{ER{L INDEX;

INCLCDING .ILSO, A LIST OF ACTS OF A CE.YERAL .VATUNE, PASSED.'NT IBfi},


A:TD REFENEYCES TO TNE PACES OF TEIS YOLOYE,
IVHERE THEY {AY IIE FOA){D;

fo wutcB

aBE pREFr\8D, TBE DECL.{RATIO]i OF I}TDEPEIIDEXCq TIrE IRTICLE9 OF COICFEDER^TroN, TilE CO\STTTUTTON OF rBE E:iITED STATEq TEE CO\SlrrUTlOX OP TUE SAr'TE OF
NEER.{SIiA! TSE TREATY I]T RELATIOX TO TEE LOUISIAI'A PERCH.TSET TIIE
oRGAIiIC rCT OF TRE TEBRITORT OP :{EBR.TSKA, TlrE Ell.rBLI}tG
ACT, l:{D PBOCL.{VATION OF tltE PLESIDEJT, AI>
IIIE UNIO}I.
}IITTI}:G TEBBASIi^
':ITO

PUBLISHED BY AUTI{ORITY OF LAW.

LINCOLN:
JOURNAL COMPANY, STATE PRINTEIiS.
l8?3.

EXHIBIT c- 3 6

Eatereit, accordiDg to Act of Congrees,


GTIY

ID

trult for the St8te ofNebraEb!, in the

EXillBlT

c-it

i[

the year 18i3'

bt

A.'BRO$T'
ofrce ofthe

Librlrial

ofCongreEs.

ON TE I{T S.

PACE

Declaration of Inclepenclencc. . . .. ,
Articles of Con{ederatiou... .. ..
Constitution of the United States..

Treaty of Cession.
Organic Act... .
Enabling Act. . . ..
Constitution of the Statc of Nebruska
Proclamation of tire Presiclcnt of the L-niteti

CEAP.

1.
o

AonrssroN.
Aonrcur.runt

t
15
32
3?

16
49

States.

societies.
Enclosure rr,nd partition fences,.
Live fences.
St*te boarcl
Arr-u.rrs
ArronTroxvpNT.....
AtroRyevs.
Boxos "r-xo O-rtns-Orrrcr.{L. . , ..
Csxsus
Crrrns or rEE Frnsr Cr,^rss. .
)[arshal, general porvers and duties of..
Xayor ancl eouncil, powers and duties of..
)Iiscellaneous provisions.
Policejudge, jurisdiction oL............t..
Tteasurer,duties of..
Crrrts or rrr Secoxo Cr,rss..
Council, powersof.
Iay'or,rlutiesof.
Uiscellaneous
Police jutlge, juristliction of. . . .. .
Covyos Lrw or Excrrsp.
CoRroRrrross
Britlge courpa.niu.......'.'..'.'.'.'..'.'.'..'.'.'.:'.'...1'.....
Cemeteries.
Chsritable societies.
Colleges, universities, nornul schools, rcrdeuries, etc......
c.

68

.........

?5

?i

County agricultural

3.

4.
5.
6.
l.

8.

9.

10.
11.

\--

?l

80.
?9
77
89
91

.........94

99

.. 101
, .... . . 10E
,., 131
.. .... .. . 11?
........133
..,..,.. 128
..

.....13O

..... 186
...., 14P
....,.,,.140
.......... 154
.... .. ,

.........

152
159

....1d0

.......

1?1

.........

209
166

... .
.... .

175

EXHIBIT

L- s s

T'NITED ST,ITES OF

\-

I]IERICI.

31

tlistinct ballots the person r:otecl for as vice-presitlent I and ther shall rrode or clectnrrrke clistiuct lists ot' ail persons totecl for as presitlent. ,ind of all l,l,irnli;111i,.1'"rancl of the number of votes tt,r t'";il""d'Jli"..
pers(,ns .r'oted. tbr as
"ice-plesiclent,
errch. irhich lists thev shall sign and certi{v, and transmit seaied to
the seat of gor-ernment of the L-nited States, rlirected to the presicleni of the seuatel the plesiclent ot' the senate'shall, in the
presence ot' the seuate and house of representatires, open all tlie
certificates, and the votes shall then be countedl the person har-ing
the greatest number oi'rotes for president. shall be the pr.esiclent, if
snch nunber be a majority of the whole nunrber of electors
appointed: and if rlo persorr have such a rnajori.t,r, then ti.om the
persons having the highest nnmber. not exceeding three, on the
list of those roted tbr as president, the house of representatives
sirall ehoose immediately. by ballot, the presiclent. But, in choosing
the presiclent. the vote shal1 be taken bv states, the representation
li'(,nr eaclr. state having one rotel a quorum lbr this purpose shall
consist of a mernber or mernbers frorn two-thirds of the states, and
a majority of all the states shtll be DecessarJ/ to a ciroice. And if
the honse of lepreserrtatives shall not choose a president, rvhenever
the right of choiee shall devolve upon them, betbre the tburth day
ol' llarch next following, then the vice-president shall act as presiclen\, as in the case of the death or other eonstitutional disability of
the president.
2. The person having the greatest nurnber of votes as viceprcsident, shall be the lice-president, if such uunrber be a majority
of the whole number of electors appointed; and if no person have
a majority, then'frorn the two highest numbers on the list, the
senate shall choose the rice-president; a quorum, lbr that purpose,
shall consist of two-thirds of tbe'vhole nnmber of senators, and.a
majority of the rvhole number shali be necessary to a choice.
3. But no person constitutionally ineligible to the office of presidcnt, shall be eligible to that of vice-president of the United
States.

ARTICLE XIII.

,,_

If anv citizen ot' the llnited States shall accept, elaim, receive ol. rraaycitizenor
retain eny title of nobility or honor, or shall, without the consenr |li[;;*r'o"t
of congress, aceept and retain an,v present, pension, oflice or emot- litJl. ffiiil!
ument, of any kind whatever, from any emperor, king prince, orltf;'8oF*""
foreign power, such person shall cease !o be a eitizen of thelJnited
States, and ehall be incapable of holding any oflice of trust or
profit untler thern, or either of them.

EXHIBIT

C-3

AC"TS

gItACfBD, BEYISED ANI' qBDEEEIT'1!O.


t |r -'^

OF ?EB
a

SEABE
OF OEIO
,
i

-.

EXHIBIT C-.,'
.r
'ti r

...
<o
.

<.,.:

COhSTITUTION OF

iir ttre ca$ dt $e.diilh oFotlrer constituHp'rnftai$bilifv o(the Prrsid'enl


The peiSon trid,ncltru ere;rtesr numberdf.votes as VicePt"sltSf,t. rhett be
the Yice. Hf,ttu;'t, if s-uch nu:hber \e a majority ol thir rshole number. of'
electony'fipoinled: and- if no person H*.op majoriry, then {rom'tbe two
hjA;;tif;;'J;;; o-o u.'" ii't,tt'"'Suoutu itrttcrr6.ri ti,,i vi"l Fidiauot; u
tuortm for thepurpose.qlall cohsist oltryo thirds gf the whole rnrmbet ol

i'
i

i:*

-'d;i;;il;i""

fienators;'and a*mlJorityrof the wbole iumber sirall bc necesr4r)- to a


J"".tii"ifnarlylneligil,le to the otfice of Prisidert
, ^"Jmi.*
be pligible t'o that of Vicelresideni oirhe United States.
t$,'ltb"il

77!.

it'..

!:.

.#'t]'

| ,.!.

';:,i;,

If any ci tiien oiilc uoitra States shill accepl tlaim, reieive'or]etaia


t tne consent ol
of Longresst
Cong
any titli of nobility or honor, or sball. without'the
kirrd
accept and retain'any present, pension, o{ficegor emolument of ao;
'fl",,oo

"#;ffi,'tiff
sh gi;;;; ffi
ili,*"ii
il'il;J;;fiicitiz;n
shill i
of t[e
Sbteq
tlre

'-.fuall
'.6hall cease to be a-citizen
lrolding any offic'ed Lrust

be iincapable
ngapible of

abd
Unitca
Unitcd Statec aba

blpiofrt under

them, or eitherpf

ihed.

[nfote. Tbe llth article of the ameoilments to tle Constituiion, war.'propceil a4


ttre ssood o-ession of the tlifrd Congress: the l2th article, et.;the 6rst sessio-n of the

;shtn

e+s-G;;-

d.-

iffi-;;i:,;fir'l
' ',t,t;
,P' i-.*i
'gqiil "rii'..r."*tl
l3

.nnj'
^ iP,

EXHIBIT

C-'] (

Ca4re.s,.t

'ri

{. ;
,

I't''-,.

'('

fi

t.

eS.

,!
I ..'o

r':"
:

,'t8.

fi

*r
?

.l.t'
"i,.;.i

*.'1
l::

jr
-19

,.t

DIGEST
OF THE

flsus of lpennrplbsni&,
FRO]f THE, YEAR

OIiE TTIOUSA}iD SE}'EN HUNDRED,

TO

THN,
it

TIIIBTIETH DAT OF }IARCII, O}iE THOUSA:fD EIGHT HLI.\.


DRED Al{D T\1-Elity-roun. }
WITII

SO}TE

REFENSffCES TO RIPORTS OF

'qDIOIA.&

DECISIOIrS,

BY JOH.N PURDON.

PHILADELPHIA:
IUBLISHED BY U.CABTY & DAI'IS, No. 171 ITARKET STREET.
189-t.

EXHIBIT

c-17

..

lL

EASTERIi DISI'RICT Or pF.\tiSYLVAt{1,{, TO


BE

of tie

lyIT:

lT REIIEIIBERED, Ttrt

on the fifth dey of }larch, in the fony-ninth yerr


Independence of the UDited Stat6 of .tmiric+ A. D: 1825,

}I'CARTY

&,

DAI'IS,

of tbe said district, have deposited in this ofrce tbe title of a book, the right vbereof
they clainr es proprietorg in the wor& folloving, to wit:
from the vetr one thousanil geven hundred, to
A Dieest ofthe L:rrss ofPennsvlvenie.
the" thirtieth day of !{rrch, 'one thousand eight hundred and twenty-four. Tl-ith
:ome Referencesto Reportr ofJudicial Decisions. By Johu Purdon.
the Congress of the United States, intitule4 ( An tct
for tire encouragement of lerrning, by securing the copies of maps, charts, and bookg
iothe euthors and pmplietors of such copies, during the times therein mentioned."-

. In conformity to the act of

And alsototheact"entitled, "-\n.{ctsupplementrryto anact, entitled,'-\DAct

for the encouragcment of learning, by securing tlre copies of maps, charts, and books'
to the authors eid propdetors ot' suih copiei during'the timeJ t-herein mentioned,'
xnd extending the tcnctits theleof to tbe arts of deiigning, engraving, and etc[ing
historical rnd ottrer prints."

EXHIBIT c- 1 3

D. CALDWBLI-

CIcrh of lhe Ea.tet'r Dittrict

of Penwqkulnn,

+'

TABLE OF CONTENTS,
I

Constitution of the United States


Constitution of Pennsylvania
A list of Stafute Worils and phrases
r9

TITLES.

ACT,- f Assembly
. tter.y

Page

ri?os

prentices

Page

Ejectment

g)r

Elections
Errors and Aoneals

,AI

I
10

eo8

Escheats

9/15

Estates tail

'

25s

'

Arrest

t4

6q

Evidence

Arson

S9

Assignees

Execurions
Erecutors and Administrators

Jd

Attachment

\,/

Fees

53

Feme sole traders


Fences

'r iritration

Attorney General

r05

'iure and Domestic ][a. c,-;rJf,llIS

TITT.iS.

Education

2!t5

262

n6

,f

279
298

Attornies
Auctions

54

to

Ferries
Fines and Recognizances

301

Baoks

68

Fire. Firing of Guns

306
309

Barrators
Bieamy

Bills

o? Exchanqe

Board ofProoeriv
Bonds and Pi.omissory Notes
Bread and Flour

Burglrry

Coogtable
Cootempts of Court
Cootrac'ts of Ddcedents
Couvicts.(ImporteQ .
uorporanonE
C^"nty rates and levies
\- .s Mortsases

9l

oo
oo

s7

Gaming and Lotteries

3t5

l0c

Gaol

ll|

Hebeas Corpus
Horse racing
Horse stealing

348

Huuting

s53

321

u5

-td,z

fe6b

w2
352

128

fgg

fncest

f S-l

Indictment

355

Iusorance

355
360
368

Intcrest

s69

Insolventsj

190

Joint tenancv

199

Jurlgments

Duelling

313

94

Drunkards

Doiver

'8lo

Forgery
Fornicatioa and Bastardy

Dogs aad Sheeo


r

Dirorce

soq

Forcible Entry

160
177
179
183

"n6
Defalcation

300

r88

IDtestates

Islauds
'

37t
s88
3gg.

**'i90

EXHIBIT

C-'/1,

xvl

on$tirution of tle lilniteb Stateg.


(.\mendments.)

clecting. and vote by ballot, for President and yice-president ; oneof whou

H:It^:rl' tt

least shdll not be an inhrbitant of the same state rvit-hthemselvcs;


they. shall.narne in their ballots, thc person voted for as presideot"
sident-.-- "nu rn.drsrrnct bailots' the-person voted for as yice-president ; and
tney $a-l-l make distinct lists .f ail persons voted for as president,
and of all persons roterl fur as Yice'-president, and of the number
o[votesfor each which lists thev sball signand certifv. aud trausmit sealed,* to the seat of the glvernme-nt of the Uriited States,
directed to the president of the Slnate ; the president of the senrte
shall, in the prisence of tlre Senate and florise of Representatives,
open all the certificates,t and the votes shall then be countetl; the
persgn having the greatest number of votes for president, shail be
the President-, if such number be a maiority of the whole number

iilj.iL".

ofelectors appointed. Lnd if oo pe.t6n hive such maiority, then


from the per^sons haring the highest numbers, not exceidini three
on the lisi of those voted for as-President. the House of Reo-resentatives shall choose irnmediatel.y, by ballot, the president i but in
choosing the President, the votis s6all be iaken by states, the representation from each state having one vote : a quorum for this
purpose shall consist of a member o'r uremberg frorir trvo thirds ot
the states, and a ma.ioritv of all the states shall be necessary to a
choice ; and if the Housi of Representatir.es shall not chdose a
President, rvhenerer the right of'choice shall devolve upon thenr,
before the fourth day of farch nert followins. then ih" Vi..President shall act as President, as in the case oTthe,leath or other'

constitutional disabilit-v of the president. fhe person haviug the


greatest number of voies as yice-president, iliall be t[e V-icePresirlent, if such number be a maiority of the rvhole oumber ot
e.lectors appointed ; and if no perjon liave a nraiority, then from
the trvo higfiest numbers on thi list, the Senate "shall'choose the
Vice-Presidenr; a quorum tbr the purpose shall consist of trvothirds of the rvhole' number ol Senitois. and a maioritv of the
rvhole number shall be necessary to a choice. B"ut n6 oerson
constitutionally ineligible to the oilice of president, shall brJ eligible to that of Vice-Piesident of the United Staies.

.lT\

folplcing article

statcsfor their aiopliott

us

rcas proposed

by

Congress to

part'ofihe conitittttiin, utd

tlu

seterai

has becn

ra-

l.ijell by tlu state oJ Penuybaiia, und sonrc of the other states, bur
had nol, in )Iu'th lS!5, Deerl rutijei by the-nunber of stales re-

EXHIBIT

S-'t 7,

qtired by the rtJIh article of the coistitution, and is theifore aE vet,


rto part oJ'the eonstitution oJ the Liited States.l
Eleventh Congress. Second Session. Novenrber

9ith, lg0g.

citizens Ant. xIII. lf an_v citizen of the L*nited States

shall accept,

tore' claim, receive or reiain rnv title ofnobility or lronour. or stritt.


;,e|tlJli:rvithout the consenr ol Congress, accept ani retain-any present,
not

lrom fo- penslon, omce or ernotutnent ol any l(lnd whatever, lron any em_
;;i;;;t". peror, king, prince ur fbreiqn powei', such person
shall cease'to be
ers. a citizen ol'the L nited Strles, and slrall 'be incapable of holding
an_v office of trust or protit under them, or either'ot them.
[,SeZ
.
L'inst. t;. S.
"|rt. !. S'. is. E.1.1

r
f

Defore the first \Yednesdav in Janurry, by the same Act.


On the second lfe.Jnesd,ef io Februar.v, by t\e same Act.

'IH}:

PTTBI,IC LAIYS
OF TBE

Sfwte of s,0oUs'ilgU,smU
.AND

ROYIDE i\C E PLAN'I ATION g'

\s REVISED BY A COrlIllIITTEEr Ar\D FINALLY ENACTED


THE TIOJORABLE GEIYER.{L ASSE}IBLY' AT THEIR
sEssroN rN J-{.NuARY, 1822.

@o

blicU

sre prefire!

CH.\RTER, DECLAB,\TION OF INDEPENDENCE' ARTICLES


Co|iFEDERATION, CONSTITUTION OF THE UNITED

sr.trEst

AND pREstDENT lvaslrlticroNts

.rDDREss

oF sEPTEllBen, l?96.

PLIBLISHED BY AUTHORITY.

Ignorontio lcgit *mincm czauat.


rc:foBrNcE oF TBE !.[r,r 13 rO ErCgSE FOA tTg VIOLAfIOS.

'

PROVIDENCE:
Bt XlLrSP. ,3 SgtCsans.

pRr:tTED A:CD iUaLISgEn

EXHIBIT C_ /

j*

*n,n::
:{.

RHODE-ISLAND DISTRICT, &c.

-rr!gr- BE it remembereil, that on the seventh day of l{ay, in the year


in
ofour Lord oue tbousand eigbt bundred
ffi*
"nithet*enty-ttto,
"od of
United States
{EnE the forty-sirth year of the independence of
ilrrr.ea & Horcurrs, of said District, depositeil in this
ffiily
-":" America"
ofrce', a title of a book,' the rigbt whereof they claim as proprie'
brs, in tbe rvords following, to wit :

" The Public Lawc of the State of Rhode-Islaad aril Provitlence Plantatioos, as rerisetl by a committee, aud finally enacted by tbe honorable General Assembly, attheir session in January, 1822. To wh.ich are prefred the
Charter, DeClaration of Independence, Articles of Goufederation, Constitution of the United States, and President Washingon's Address of Sep-

tember, l?96."
Io conforoity to rn act of Congress of the United States, entitled ":ln acr
for the elcouragement oflearniog, by securiog the copies of maps, charts and
books to the authors anil proprietors ofsuch copies during the time therein
mentiooed ;" and also to an act, entitled " Ao act for the encouragement oi
learning, b;,r securiog the copies of maps, charts and books to the authors and
proprietors ofsuch copies during the tirre therein mentioned, and ertending
the beoeit tbereoftothe art of designing, engraving and etching bistorica!
Witncss'aqal other prints."

BENJA}TIN COIVELL,

Cllrk

oJ Rhod.e'Islanil

Dxtici,

q
EXHIBIT c*

-:::1

{ID

PRESIDENT WASHNGTON'S ADDRESS.

ARTICLE

13.

If anv citizen of the Unitetl States shall acceot. claim, rewithout


ceive dr retain, any title of nobility or honor, o.
the consent ofCongress, accept and retain anJr present, pen
"holl,
tion, office or emolument of any kind whatever, from any emDeror. kins. prince or foreign Dower. such person shall cease
io be'a ciiizbn of the Uniledstates, and ih"ll bu incapable
of holding any office of trust or profit under them, or eitier of
them.
[.A'ole.-The eleveoth article of the amendoents to the constitution was
proposed at the secood sessioo ofthe third Congress; the twelfth article, at
the firstsessioo ofthe eigbth Coogress I and the l3th article, at the second
session ofthe eleventh Congress.]

PRESTDEI{T IYASHII{GTON'S ADDRE-CS

Of Scptemlter,,li96.
,TO THD TEOPLE OF THE U.\'ITED STATES.

Friends and Fellow-C it i:

EXHIBIT C-'IKI

ens,

The periorl for a nerr election of a citizen to administer


the exeiutive government of the Unileil States. being not far
distant, and tli'e time actually arrivid rvhen your [houghts
must be employed in designating the person who is to be
elothed with that important trust, it appears to me ProPer.
esnecially as it may conduce to a more distinct expression of
thl public voice, that I should norv apprise you of ihe resolution-I have formed. to decline being considereil among the
number of those out of whom a choide is to be made.
I bes you, at the same time, to do me the .iustice to be assnred.ihat this resolutionhas not been takeri without a strict
,"g"r.1to all the considerations appertaining to the relation
*h'ich binds a dutiful citizen to his country ; and that. in rvithdrawinq the tender of service which silence in my situation
rnight

iiply, I am influenced by-no diminution of zeal for your

rto deficiency of grateful respect for your past


kindness ; but am supported by a full conviction that the step
is compatible rvith both.
The acceptance of, add continutnce hitherto in the office
to rvhich your suffraqes have twice c:;iled me, have been an
r:qiform sicrifice of i"nclination to the opinion of duty, and t.'

futire inteiests.

\ '

THE COMPILED

LAWS

OF'' \\/YOT{IhIG
I\r-'Lt'l)l\{i

l,.r.n's

-ll.l.'f :t C

sAtD 'l'r:RRtruttr .\T .igE ct,csti (rt'


Srsstox oF TnE Lrc:sr,-ltrve AssruBlt oF sAtr)

rx rop.or lti

r:uc !'ounrtr
Tulllrrirluf . TocETnEr, ryiTs suctr Lrrvs or rEE L\rrrn Sr.tu-.
AS Anl: .\ll,LlcaBLE ro Srto Trnnuc'r'.r; at.so iru TnEr.Tt"s ]raDri 1\'ITu
TfiE ltur,x .r\D Sgo-.tlr.r\t Tnlnts oF f:;otexs IilrItE \-n,rR
lltiE; \\'tr!r ,r Srsopsrs oi rrIE Pnu-Enerrox, I{orrssrEtD .txD \frsrsa f,;,lis or r'tts L-xtiro i)T,rrrs.

EXI{f
PIgtsLISHED BY -\TiIIIORII'I O!"'t'trE.\r-'!'tr!'TI{t.: ::()(:!t?lt LEGiSL-\TI\.S -rSSflt(BLr- Of,

"AX

ACT TO CU]IPILE

s {t tr 'l'F:!rlrr1'{rtif. }:sTrTI.nlt
A}itr l,L'At.tsII'rtrF: i..\\\'s (rp \\')-o_\!I]iG l\ Q]*t: \-oLutIE..,

J. R. \YI{ITEIII.IAI), Sr i'Ekl\rEs!,u\r or Coypn-lrro:{.

H. GLAFCKE:

LEADER gTEA-\t BOOK A:rD JOB pRItiT, CIIEr"EIiSE, WTOIII:fO.

a;

1876.

{'

'S*''
,

BlT c -4 o

Coxrrsrs.

TABLtr OF CONTENTS
P.TRT I.

ORGANIC I-A\A/S.
Dcclarntion of Indepcrrdtncc

lrticles of

IS

L-onfederation

-onstitution of' thc trrritcd Strrrcs.


to the Constitutiou
\-- I 'nendruents
reatf oI uesslon
Orgariic At.t of l)nliot,r

lct of \ornirrt
linion Pacifir: Il. 11. Larrrl ("irunt

Organic

Sioux Treat.r'
SLoshotree and Ilrtntt rr,.'k T

rr,'rt t r

x )i.\

I-\

1.1'

t,I \'
I..\Xv
]( I

',..:

I:i

,\.e

c\'
C".I IT

c-\ I

('I1-l

Annual Appropriati ot s l'r rt"l'c


ti. S. llining Lau's.

rxx
\N\III

I'ublie Lnnds
llilitar-r' IJount.r' Luttds
Ton-n Sitc Lnr'*
Tiurbcr Larls
Survey of tlrt' I'ublie Luuds

llioruinsPenitentilr'.r

\II
\\.III
.\ \\'I I

t'ri t,' t'i r:s

C\
c.\

1'T

\'l

Coal Lands

cxJ.l

National Park
Chcybnnc Ilesgrvoir ( i rrrnt
H.rtracls from l-. S. Statutcs
Authentieation of Records

c\

A rrthenticatiorrs

II
r

t.\-

CX I,\-T

c.\ L1't
CTI,I

CI,

EXHIBIT

C,9O

CoxsrtrrtroN or UxtrsD Srercs.

x-\tx

rwo highest numbers on the list, the senate shall choose the Yice president I a quorum for the purpose shall consist of trro-thirds of the whole
number of senators, and.a majority of the rvhole number shall be necessary
to a choice.
3r-Bu!. IJ9. person eonstitutionally ineligible to tlre offce of Presitlent
shall be eligible to that of Vice President oi- the United Statee.

ARTICLE .\UI.
tr lqy citizen -of tbe united states shall accept, claim, reeeive, or retain
any title of nobility or honor, or shall, withoui the consent of consress.

accept or retain any preeent, pension, office, or emolument of any kind ivhatever, from anJi erDperor,- ki_ngr-pr_in_ce, or foreign power, such person shall
cease to be a citizen of the lj-nited States, and ihali be incapabli of holding
any office of trust or prolit under them, or either of them.

ARTICLE ,\[rT"

1. Neither slavery nor inv-oluntary- servitude, except as a punishment for


erime whereof the party ehall have'been rluly'convi'ctd. BhAll exiet within
the United States, or any place subject to theii jurisdiction.
,latlon.
.?. congress shall have power to enforce thiJ articre by appropriate legis\-

ARTICLE X\:.

1. The right of citizens of the United States to vote shall not be denied
or abridged b_y -the United States or by any State on account of race. color or
previous-condition of servitude
2..
.legislation.
. Jhe congress shall have po\rer to enfcrrce thiiarticre by appropriate

EXHIBIT

C-;I

Titles of Nobility Amendment

V. GOVERNMENT CLAIMS& RESPONSES


Regarding various aspects of the ratification
of the
Titles of Nobility Amendment
Following are claims made by government officials (from January 1991, through February 1995),
with (Historically based) responses to their claims. Regardless of their absurdity, the
responses from the government officials are what can be anticipated by those who assert the
Titles of Nobility Amendment. If one did not know or really investigate this issue the
government representatives have made what might appear to be convincing arguments. Their
arguments fall into ten general categories, which will be described below.
The following is a list of people, with their respective titles, who appear to be involved in the
continuing cover-up of the ratification of the Titles of Nobility Amendment.
Herman V. Ames, PhD -- in 1897, authored "The Proposed Amendments to the Constitution."
Senator George Mitchell -- Former US Senate Majority Leader.
Milton Gustafson - Chief, Civil Reference Branch, National Archives.
Michael J. Kurtz -- Acting Assistant Archivist, National Archives.
Jack Maskell -- Legislative Attorney, Library of Congress.
Christopher M. Runkel - Acting General Counsel, National Archives.
Carol Shubinski -- Law Fellow for US Senator Paul Simon.
Some other players are:
Russ Christensen - A person that Senator Mitchell wrote to about Article XIII, even though Russ
had never inquired about anything to Senator Mitchell, much less Article XIII.
Lamar Smith - Member of Congress, 21st District of Texas, - Initially favorable to the truth.
I. NOT RATIFIED TIMELY
In a letter dated February 13, 1991, from Senator Mitchell to David Dodge (D-13), we find the
following allegations regarding why the Titles of Nobility Amendment could not have been
ratified;
"Article XIII did not receive the three-fourths vote required from the states within the time limit
to be ratified
There are no provisions in Article V, of the United States Constitution, which establish time
limits on amendments, therefore, Congress has no authority to establish-any, unless it is a part
of the amendment, as proposed. Time limits for ratifying amendments were first implemented
in the early 1900's. There were no limits on the early amendments, which is confirmed by the
alleged ratification of the 27th Amendment over two hundred years after it was first
introduced.

Page 1 of 12Pages

Titles of Nobility Amendment

This argument is the most meager of all, and appears to be a first effort to discourage continued
investigation of the matter. As you will see, stop-gap measures are added as the investigation
continues. Interestingly, as you follow this narrative, you might wonder why there was no
"written record" from the past that could be easily referred to.
H. AN INSUFFICIENT NUMBER OF STATES RATIFIED THE AMENDMENT
In various letters Senator Mitchell I, Milton Gustafson, Michael Kurtz, Jack Maskell, Christopher
M. Runkel and Carol Shubinski, all claimed that not a sufficient number of states had ratified
by 1812, and that, since 21 states had joined the union by 1819, it would require 16 states to
ratify the Thirteenth Amendment on the date it was actually ratified.
In George Mitchell's letter of March 20, 1991 (D-14), he makes the argument that it doesn't
matter if Virginia ratified the Amendment.
"However, regardless of whether the State of Virginia did ratify the proposed Thirteenth
Amendment to the Constitution on March 12, 1819, this approval would not have been sufficient
to amend the Constitution. In 1819, there were 21 states in the United States and any amendment
would have required approval of'] 6 to amend the Constitution. According to your own research,
Virginia would have been only the thirteenth state to approve the proposed Amendment.
Later, in his January 3, 1992 letter (D-15), Mitchell backs off a bit when he alludes to a Supreme
Court solution. He is correct in asserting that there is no Court ruling on the matter when he
says:
... even if Virginia had agreed to the Amendment in 1819, it is unclear if this would have been
sufficient to adopt the Amendment as several States had entered the United States between the
years of 1810, when it was introduced in the Senate, and 1819. This would raise Constitutional
issues on which I am unaware of any Supreme Court rulings.
In Milton Gustafson's Reference Report (undated) (D-18), we find similar attempts to establish
the method of counting ratification votes.
"Thus, in 1812, when there were 18 states, only 12 ratified the proposed Amendment (14 states
were needed). In 1818, when there were 21 states, there were only 12 ratifications, but 16 were
needed for the A Amendment to become part of the Constitution.
In that same Reference Report (D-18), Gustafson acknowledges that he is not sure of what the
circumstances really were. This is indicative of the lack of written record, which leads us to
believe that the governments arguments are merely speculative, and defensive.
"I do not know if those four states [Louisiana, Indiana, Mississippi, and Illinois] were
positively excluded from the process of ratifying the titles of nobility amendment, if they were
excluded by inadvertence, or if they were included
In Jack Maskell's report of March 21, 1994, to Steven Schiff (D-21), we hear the same argument
presented, again lacking any substantial proof
"However, even if the Commonwealth of Virginia had ratified the proposal in 1819, as claimed
by some, such ratification would have made only the thirteenth state to ratify the provision by

Page 2 of 12Pages

Titles of Nobility Amendment

that year. In 1819, there were 21 States in the Union, and the requisite number of states to ratify
the proposal by the required 3/4ths of the States would have been 16 States.
Christopher Runkel, in his letter of May 17, 1994 (D-23), reflects that there were twelve
ratifications of the Amendment. Conspicuously, no evidence is offered of the count required.
"Records in the National Archives indicate that, between December, 1810, and December,
1812, 12 states officially notified the executive branch that they had ratified the proposed
amendment...
Carol Shubinski, in a letter dated March 7, 1995 (D-24), follows the same logic, even though, in
the early 1800's, this principle of counting all states that were members of the Union had
never been established.
"By 1812, twelve states had ratified the amendment. However, in order to become part of the
Constitution, thirteen states would have had to ratify it because 18 states had joined the Union
by 1812. No state has ratified the amendment sine 1812.
This Amendment was sent out for ratification in 1810. At that time, there were 17 states that
were a part of the Union, which means 13 states were needed for ratification. In addition, at
that time, there were also territories. In 1810, as today, these territories had representation in
the US House and Senate, but they were not allowed to vote on anything, As indicated in the
Exhibits (A-1 A-10) there is absolutely no doubt that only the original 17 states were
involved in the entire ratification process of the Titles of Nobility Amendment. In those
Exhibits, the additional states which joined the Union from 1812 to 1819 were totally ignored
(Louisiana, Indiana, Mississippi, and Illinois). At no time did the President of the United
States, the Secretary of State, or the Congress, invite the four new states to join in the process
of ratification, nor did they include these additional states on the inquiry list. There is no
record of any of the four new states governors or legislators complaining, or objecting, nor
did their representatives in the US House or Senate. Silence is acquiescence!
After the comprehensive list (D-5) of February 4, 1818 was given to the House of
Representatives, it was clear that if South Carolina or Virginia ratified, this Amendment
would have been adopted. The letter from President Monroe to the House of Representatives
(D-6), on February 27, 1818, makes it clear that South Carolina had voted not to ratify. As a
result of this letter, Virginia clearly knew, at this point, that she was the last to vote on the
ratification of this Amendment If representatives of Virginia voted against, it would fail. If
they voted to ratify, this Amendment would become part of the United States Constitution.
Virginia acted, by means of common law (Virginia's acknowledgment by publication
affirmed their position on the matter). The Virginia Legislature had the "Titles of Nobility
Amendment" published as a ratified amendment in the Codes of Virginia. Virginia's
Legislature had copies sent to President Monroe, James Madison, and Thomas Jefferson, and
gave instructions that 4,000 more copies be printed for use in schools, courts, &c. (See
Exhibits B-1 B-9)
Research into whether or not the states that entered the Union subsequent to 1812 and prior to
1919, indicates that their respective state houses NEVER received any inquiry asking whether
they had ratified, or not, There is no record that Congress, any Secretary of State, or
President, from 1812 thru 1819, ever attempted to inform, inquire or otherwise submit to any

Page 3 of 12Pages

Titles of Nobility Amendment

of the new states any pretense of their involvement in the ratification process. Further, there
is no record of ever having the matter before the legislatures themselves, though each one of
them did "publish" the Titles of Nobility Amendment as a ratified amendment to the
Constitution, after Virginia did.
There is no "written record" of the method for determining which states would be included in the
ratification process, "three fourths of the several States" (Article V, Constitution), when an
amendment is proposed or "three fourths of the several States" when an amendment is
ratified? The answer is best illustrated by the fact that those familiar with the original
Constitution chose only to inform and query those states which were members of the Union
at the time the Titles of Nobility Amendment was submitted for ratification (1810, 17 states).
III. PREVIOUS PRINTINGS OF TITLES OF NOBILITY AMENDMENT
WERE PRINTED IN ERROR
In communications from Mitchell and Kurtz, the arguments were that all of the copies of the
United States Constitution by the States and/or Territories which included Amendment
Thirteen were printed in error. They allege that only a few were published. They also claim
that there was some confusion over South Carolina.
George Mitchell, in his letter of February 13, 1991 (D-13), attempts to excuse the "errors" of the
past.
"All editions of the Maine Constitution printed after 1820 exclude the proposed amendment;
only the originals contain this error.
He refers to "mistakes" in that same letter:
"When the Thirteenth Amendment was originally printed in 1820, the year Maine and
Massachusetts separated, the Maine legislature mistakenly printed the proposed Amendment in
the Maine Constitution as having been adopted
To date, we cannot find the 1820 Maine publication showing Article XIII as a ratified
Amendment! We have found Maine legislative publications showing Article XIII as a ratified
Amendment in 1825 and 183 1. So much for exclusion after 1820! (See D-25)
Later, in Mitchell's letter of January 3, 1992 (D-15), he suggests "confusion" over the matter.
"Some editions of the Constitution were printed as though the Amendment had been ratified
because there was apparently some confusion over which states had agreed to this Amendment.
An official inquiry into the matter showed that although the South Carolina Senate had passed
the Amendment, the South Carolina House had not-concurred with the Senate.
Michael Kurtz, in his letter (D-20) of March 3, 1994, explains away the past as "error".
"The inclusion of this proposed Amendment in some publications issued by some states
apparently was done in error.
In Maskell's report of March 21, 1994 (D-22), we also see how casually the competence of those
former statesmen is denigrated.

Page 4 of 12Pages

Titles of Nobility Amendment

"The printing of various copies or editions of the United States Constitution in the early 1800's
with the proposed 'Thirteenth Amendment' included in the publications was a common error in
that era.
Some editions? Twenty-five States and/or Territories, with 77 different official publications of
this amendment, as ratified, is some? (See D-25) Also, there are no documents to support the
idea that there was confusion over South Carolina. Quite the contrary. As you can see from
Exhibits A-1 A-10, there was absolutely no confusion!
Going back to Mitchell's letter of January 3, 1992 (D-15), we find him excusing Virginia (who
should, more than anybody, know what they were doing), assuring us that they had made a
"mistake".
"There is no definitive evidence that Virginia ever ratified this Amendment. Although the
Virginia Howe Journal includes a copy of the Constitution with the Proposed 13th Amendment
printed as though it had been adopted, this was a Common mistake at the time arising from the
confusion over the number of states which had ratified the Amendment.
In 1812, Virginia passed the Titles of Nobility Amendment in the House of Delegates. It was
then sent to the Senate, read twice, and tabled. After an inquiry from James Monroe, a
Virginian, and Secretary of State, the Virginia Senate held a special session in 1813/1814.
Virginia's House and Senate records have been located, with the exception of the Journal for
1799 and the Special Session of 1813/1814. Virginia did not publish the amendment in their
House Journal, however they did publish this as a ratified amendment in their republication
of the Codes of Virginia in 1819. (D-9) As for it being a "common mistake", at the time, only
one state, Pennsylvania, published it before 1819! (See D-25)
IV. HISTORICAL PROOF?
Senator Mitchell and Jack Maskell both rely upon the "Proposed Amendments to the
Constitution of the United States During the First Century of its History", by Herman V.
Ames, a man who was alleged to "give a concise history of the issue."
Mitchell, in his letter of January 3, 1992 (D-15), finds an ally from the past, Herman Ames.
"I have enclosed several pages from The Proposed Amendment to the Constitution of the
United States During the First Century of its History by Herman Ames which were provided by
the Congressional Research Service and give a concise history of the issue.
Maskell, in his report (D-22) confirms this proof from the past by reference to a "comprehensive
study" performed by Ames.
"As explained by historian Herman V. Ames in his comprehensive -study of proposed
amendments, this confusion 'led to a resolution of inquiry, as a result of which it was discovered
that the House of Representatives of South Carolina had not confirmed the action of the Senate,
and so the amendment had not been adopted'
Maskell (D-22) continues to use this "historian" to substantiate the governments feeble
arguments.

Page 5 of 12Pages

Titles of Nobility Amendment

"Ames explained that some of the general public, however, 'continued to think that this
amendment had been adopted, and this misconception was perpetuated for over a third of a
century in editions of the Constitution and school histories. I
Herman V. Ames had the task of explaining 1370 proposed Amendments to the United States
Constitution, one of which was the "Titles of Nobility" Amendment. Ames spent all of five
short paragraphs on the "concise history" of this Amendment. Why is it that in this "concise
history" he mentions confusion over South Carolina, when there obviously was not any? He
neglects to mention that 25 States and/or Territories had officially published this amendment
as a ratified amendment some 77 times over a period of 57 years (that we have located to
date). And, finally, Ames says that there was no information regarding Virginia. As is clear,
there was quite a bit known about Virginia's actions, for example, as the House vote, in 1812,
read twice in the Senate, then tabled. After it was known, with precision, that Virginia was
the deciding vote (February 27, 1818, D-6), the legislators of Virginia convened (December
17, 1818, D-8) and agreed to do an omnibus bill which would include the re-publication of
Virginia's Codes, including the United States Constitution and the amendments thereto,
including Article XIII, the Titles of Nobility Amendment. Are Ames' efforts credible
considering these significant omissions? Ironically, Ames agrees, in part, with our position,
and states in his report, after 1812, "[t]he Amendment lacked only the vote of one state of
being adopted." Curiously, these government representatives don't talk about that part of the
report. (D-12)
V. LACK OF INFORMATION
Milton Gustafson alleges that there is a lack of files relating to the Titles of Nobility Amendment.
Gustafson's undated Reference Report (D-18) demonstrates the problem with substantiating the
ratification of the Amendment, or, more precisely, the inability to prove that it was not
ratified.
"I can only report what we find in the files relating to that amendment, and the records in those
files do not address the question.
Gustafson (as do the others) seems to have a hard time looking at the documentation contained in
the National Archives where he works. The "unratified amendment" box for Article XIII, in
the National Archives, and the microfilms of the domestic correspondence of the Secretary of
State, are kept in separate locations. The "written record" clearly supports the ratification, as
opposed to non-ratification, of the Titles of Nobility Amendment. When put together, they
paint a complete picture, yet the National Archives chooses to ignore this information. (See
Exhibits A-1 A-10)
VI. "EQUAL FOOTING DOCTRINE"
Jack Maskell argues that the "equal footing doctrine" (full and equal privileges) was recognized,
as currently perceived by the government, since the founding of our Nation. He concludes
that each state entering the Union would be included in the ratification process.
In Maskell's report of March 21, 1994 (D-22), he lays the foundation for this insupportable claim.
Page 6 of 12Pages

Titles of Nobility Amendment

"As each State is entered into the Union, it is admitted on an 'equal footing' with all other
States. The 'equal footing doctrine' is one which has been known and recognized in government
and constitutional practice theory since the founding of our Nation. As suck each *ate is entered
in the Union with full and equal privileges concerning the laws of the United States, which
would include full consideration and participation in the ratification process.
If one looked into the history of "Equal Footing" doctrine, one would find that, from the very
beginning it was not applied equally. The "Equal Footing" doctrine came from the Northwest
Ordinance, adopted in July, 1787, and the United States Constitution, adopted in September,
1787. There were several requirements that the territories had to satisfy prior to "admission"
as a state. Among those were: 1) a certain population figure had to be achieved, 2) the
territory had to convene a constitutional convention; 3) the people of the territory had to
adopt a constitution that guaranteed a republican form of government; 4) the United States
Congress had to approve the proposed state's constitution; 5) the territory had to accept the
United States Constitution, including amendments, at the time of admission. After these
requirements were met, the territory was accepted, on an "Equal Footing", along with the rest
of the States. There were, however, obvious exceptions. Of the 13 original colonies, two,
Connecticut and Rhode Island, continued under British Charters until 1818 (Connecticut) and
1842 (Rhode Island). At the same time, both of these colonies had full voting rights in the US
Congress, and were invited, from the beginning, to vote on all amendments to the United
States Constitution, etc.
After adopting a Constitution and satisfying all other conditions of the Northwest Ordinance,
Connecticut, in 1821, published their first Laws, Codes, and Statutes. This publication
included Connecticut's new Constitution and the United States Constitution, which, lo and
behold, contained Article XIII as a ratified Amendment. The four territories that became
states between 1812 and 1819 also published Article XIII as a ratified Amendment, several
times, after Virginia ratified this Amendment. As you can see, it was a farce to come up with
"Equal Footing" to include new states in the ratification process, when it had begun before
they became states. Common sense would dictate that once the process was begun in the
United States Senate, and a territory had no voting rights, for or against a proposed
amendment, they could be manipulated into voting the way the majority of Congress wanted.
A territory's entrance into the Union as a state could be made contingent upon the way they
voted.
VII. EX POST FACTO
Jack Maskell and Christopher M. Runkel both attempt to further the validity of the "equal
footing" doctrine by citing another amendment, concerning pay raises for Congress, as an
example.
Maskell, in his March 21, 1994 report (D-22) establishes his claim as follows:
"The most recent practical application and example of this doctrine in the area of
constitutional amendments has been the recent ratification of the so-called 'Madison
Amendment' concerning congressional pay, the 27th Amendment. That Amendment was
proposed by the Congress and sent to the States on September 25, 1789. Six of the then 14 States

Page 7 of 12Pages

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had approved the amendment by 1791. The 27th Amendment was not formally ratified and
accepted, however, until the 38th State (Michigan, on May 7, 1992) approved the amendment.
Since the number of States had increased to 50 before the requisite approval of 3/4thss of the
existing States had been received, the required number of States approving became 38.
Chris Runkel, in his letter dated May 17, 1994 (D-23) attempts to supplant the Supreme Court's
authority for interpretation of the Constitution, and replace it with that of the OLC (Office of
Legal Counsel), a Department of Justice function.
"Additional support for this conclusion is provided by a 1992 opinion of the Department of
Justices Office of Legal Counsel (OLC). The OLC expressly concluded that 38 states would
have to ratify what was popularly known as the 'Congressional Pay Amendment' before it
became a part of the Constitution 16 Op. O.L.C. 100, 101 (1992) (preliminary print). The OLC
also concluded that, once the Archivist received 'formal instruments of ratification' from 38
States, the Archivist would be required to certify that the Congressional Pay Amendment had
'become valid, to all intents and purposes, as a part of the Constitution.' Id at 101.
Runkel (D-23) now explains how OLC received this authority.
"The OLC's opinion is significant because the OLC is authorized by Congress to resolve
questions of law that affect executive branch operations. See 28 U.S.C. 511 (1988). The OLC's
1992 opinion is directly on point with the question of how many states would have to ratify the
Titles of Nobility amendment before the Acting Archivist could certify under I U.S. C S 106b that
the amendment had become valid to all Intents and purposes, as a part of the Constitution.
Runkel (D-23) now tells us that what OLC has determined to be true constitutes rules that should
have been abided with by those who wrote the Constitution.
"Only 11 States had adopted the Constitution when Congress submitted the Congressional Pay
Amendment to the States in 1789 for ratification. Therefore, like the Titles of Nobility
amendment, the Congressional Pay Amendment was submitted by Congress for ratification at a
time when the 'several States' numbered fewer than 50. The OLC did not conclude, however, that
the Archivist should have certified that the Congressional Pay Amendment had become part of
the Constitution once NARA [National Archives and Records Administration] had received
official notice of ratification from 9 of those 11 States. Rather, the OLC concluded that the
Archivist's authority to certify the Congressional Pay Amendment depended upon NARA's receipt
of official notice of ratification from 38 States.
The 27th Amendment was proposed in 1787 and was allegedly adopted in 1992; the Titles of
Nobility Amendment was proposed in 1810, and adopted in 1819. There is no concise history
detailing what happened with the 27th, as there is with the Titles of Nobility. The Titles of
Nobility Amendment was recognized as an actual amendment to the United States
Constitution for a period of over 56 years, with a massive circulation of official publications
indicating that it was ratified.
The Constitution, Article 1, Section 9, clause 3, prohibits "ex post facto Law". How, then, can an
agency established in 1988, possibly mandate what the law was in 1819?

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Titles of Nobility Amendment

VIII. TRIVIALITY OF THE AMENDMENT


In statements from Jack Maskell and Carol Shubinski, the argument regarding the intent of the
Titles of Nobility Amendment was in question. Or, is this an attempt to reduce the
significance of the Amendment, since their contentions of non-ratification are so weak?
Maskell tells us, in his report of March 21, 1994 (D-22), that:
"Finally, the belief that the language of the proposed 'Titles of Nobility' Amendment would in
some way prohibit, bar or eliminate attorneys, judges, corporations, or chartered national or
state banks, and would rectify injustice concerning 'political prisoners' in our penal system,
appears to require an interpretation of constitutional language which is unprecedented and
unsupported in case law or direct legislative history.
Carol Shubinski, in a letter dated March 7, 1995 (D-24) assures us of our intelligence, and then
tells us what she wants us to believe the Titles of Nobility Amendment is all about.
"As you know, the amendment would revoke the citizenship of anyone who accepted a title of
nobility or a gift from a foreign state, or who married a person of royal blood without the
consent of Congress.
Although Maskell and Shubinski take opposite approaches to the argument of what is meant by
the Titles of Nobility Amendment, they are both mistaken We do know that the Founders felt
so strongly on the matter that they prohibited the Congress and the States from granting any
Titles of Nobility in both the Articles of Confederation and the subsequent Constitution of
the United States of America.
There appears to be much more than just a concern over whom one married, or whether George
Bush would be knighted by the Queen, when this Amendment was ratified. In 1819 we were
just recently out of the War of 1812. Thousands had lost their lives, and a degree of
confusion, and relief reigned after the war. The stimuli for the war may have been the same
stimuli for the Amendment, itself. We can understand the concern of Madison, and the House
of Representatives when they finally declared war against Great Britain. Frost's Pictorial
History of the United States of America (D-1) gives us a far better understanding of the
concerns of our Founders than Jack Maskell or Carol Shubinski ever could. The fifth reason
for declaration of war accuses Great Britain of "Employing secret agents within the United
States, with a view to subvert our government, and dismember our union.
Considering that "secret agents" would not enter the United States wearing "titles" such as
"prince", or "duke", it might be significant to understand that by 1812, there was grave
concern over the threat of subversive destruction of the concepts of the Founders. So much
so, that a Declaration of War was necessary to attempt to prevent this incursion.
Is it possible that the evils of federalism had begun to fester as a sore in the side of the "Great
Experiment" that early in our history? Is it possible that those "agents" were not all purged
during, and after the War of 1812? Is it possible that those agents waited two generations,
until after 1849, to work their evils and "erase" the very Amendment that was ratified to
remove them from this country, and their threat thereto? Is it possible that the cancer still
exists in this country, today, and that some of those named above are guilty of violation of the
very amendment they now attempt to keep in that grave long ago created for it? Is it possible

Page 9 of 12Pages

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that if we were to resurrect the Titles of Nobility Amendment, we would have begun the
process of eradication of a cancer that has eaten at the very heart and soul of this country for
two hundred years, and restore us to the prosperity that was originally intended by the
Founding Fathers?
IX AUTHORITY FOR RATIFICATION
Christopher Runkel argues, in his letter of May 17, 1994 (D-23),
"The 'provisions of the Constitution' to which S 106b refers are those found In Article V, which
states that:
'The Congress, whenever two thirds of both Houses shall deem it necessary, shall
propose Amendments to this Constitution, or on the Application of the Legislatures of
two thirds of the several States, shall call a Convention for proposing Amendments,
which, in either Case, shall be valid to all Intents and Purposes, as part of this
Constitution, when ratified by the Legislatures of three fourths thereof, as the one or the
other Mode of Ratification may be proposed by the Congress; Provided that no
Amendment which may be made prior to the Year One thousand eight hundred and eight
shall in any Manner affect the first and fourth Clauses In the Ninth Section of the first
Article; and that no State, without its Consent, shall be deprived of its equal suffrage In
the Senate.'
"...when ratified by the legislatures of three fourths of the thereof [several States]...." It does not
say three fourths when an amendment was proposed or three fourths when ratified. (See
Exhibits A-1 A-10)
Runkel (D-23) continues:
"At most, 13 States have officially notified NARA of their ratification of the Titles of Nobility
amendment.
After 5 1/2 months of work, the opinion from the National Archives, and the Acting National
Archivist reviewing this opinion, said, "At most, 13 states have officially notified NARA of
their ratification of the Titles of Nobility Amendment"? From the very beginning of this issue,
all of the government agencies contacted, including the National Archives, would state, "12
states", only. We are submitting an F.O.I.A. request to the National Archives to obtain a copy
of all 13 ratifications.
While we observe the desperate acts of the current government attorneys in their attempt to argue
that "mistakes" were made by those that lived during the period of ratification of the Tides of
Nobility Amendment, and that the attorneys of today know what really happened, even
though they have been unable to provide any proof of their claims. We should recognize two
other factors as significant, in terms of what was intended then, and whether these people (the
attorneys) have any say in the matter.
Prior to the War of Independence, there were bar attorneys (graduates of the "Inner Temple")
practicing law in some of the colonies. Some colonies had already removed this threat by
outlawing attorneys who were bar members. The bar was unable to reestablish itself until

Page 10 of 12Pages

Titles of Nobility Amendment

AFTER the Civil War, as the ABA. At which time they continued the cover up of the Titles
of Nobility Amendment.
In Runkel's letter (D-23) of May 17, 1994, he cites Dillon v. Gloss (256 U.S. 368, 376-77), where
the Supreme Court tells us what authority the Secretary of State and the National Archives
have in the matter. The case states that "the...amendment became effective when the
necessary number of States had ratified it, not when the Secretary of State issued a
certificate... we conclude that the extent of the Acting Archivists authority with respect to
amendments ... is 'ministerial' in nature." If this is true, then the States, and only the States,
can acknowledge ratification of the Titles of Nobility Amendment. As is clearly
demonstrated by the evidence included with this information, the States had no doubt in their
minds when they published the Titles of Nobility Amendment as ratified and a part of the
Constitution of the United States of America.
X. COVER-UP
What happened, then, to the Titles of Nobility Amendment? With the voluminous amounts of
written evidence of ratification and acceptance of the Amendment in the period from 1819, to
beyond the middle of that century, it is difficult to understand how the Amendment could just
be disposed of. Surely, if there were error in the acceptance thereof, there would be a record
of the "order" confirming the errors. Even an "order" of this nature would probably have been
sufficient to provide a neat "paper trail" for the extinction of the Amendment, considering the
apparent attitude of many who did not like the idea of the Titles of Nobility Amendment.
Conspicuously, there was no one then willing to stand and take responsibility for generating
such an order. It is far easier, if deceit is an objective, to allude to a document prepared many
years before, and whose author can no longer defend, or deny, the veracity of what is said.
The only reference that we are able to find was not provided by the government
representatives, as they have produced nothing to prove their allegations.
We, however, have sought to be as thorough and fair as possible, in our investigation. The only
documents that we were able to find which could be used to "explain away" the Titles of
Nobility Amendment were notations in law books, which offer a rather flimsy explanation.
Though there are many, we are including only one, from Illinois. Further, our investigation
has been unable to find any correspondence, letter, order, enactment or Circular directing the
inclusion of this notation. In the published "Revised Statutes of Illinois", the Titles of
Nobility Amendment shown as ARTICLE XIII in 1823, 1827, 1833 and 1839. Then, in the
same publication, in 1845, we find the Amendment missing, and a note included, which
reads:
[Note--In former editions of the laws of Illinois, there is an amendment printed as article
thirteen, prohibiting citizens from accepting titles of nobility, &c., from foreign governments.
But by a message of the President of the United States of February 4, 1818, in answer to a
resolution of the House of Representatives, it appears that this amendment had been ratified
by only twelve States, and therefore had not been adopted See vol. 4, of the printed papers of
the first session of the 15th Congress, No. 76. 1 (D-11)

Page 11 of 12Pages

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Interestingly, the letter (D-5) referred to is the letter that prompted Virginia to act on the matter.
The period between the beginning of the War of 1812 and the letter (D-5) of February 4,
1818 was surely one of confusion. The Congressional building had been burned by the
British during the war, and important records were lost. When Virginia's Representatives and
Senators were notified by the February 4, 1818 letter (D-5), she responded by acknowledging
ratification of the amendment.
All publications of the Titles of Nobility Amendment were subsequent to the letter, which makes
this argument rather weak, and conspicuous. Further, we have been unable to locate any
documents sent to any state which requests, removal of, or denies existence of, the Titles of
Nobility Amendment. The wording, however, of all of the notations we have found is too
similar to be coincidental. The government has also been unable to provide any document
that would justify what appears to be a covert action by various individuals in state
government to "annul" the Titles of Nobility Amendment. It took nearly two generations for
this "error" to be brought forward. During that time, most of those with knowledge of the
problem had passed on. Could it be that this action could never have been taken in their
presence?

Page 12 of 12Pages

Titles of Nobility Amendment


VI. Identification of Discussion Documents, attached as D-#
1*

Pictorial History of the United States of America, John Frost (1844)

War of 1812

James Monroe, Secretary of State

Circular to the Governors

Mar 23, 1813

House of Representatives

President

Dec 31, 1817

4*

J. Q. Adams, Secretary of State

Virginia, S. Carolina & Conn.

Jan 7, 1818

5*

Pres. James Monroe

House of Representatives

Feb 4, 1818

6*

Pres. James Monroe

House of Representatives

Feb 27, 1818

J. Q. Adams, See. of State

Charles Buck

Mar 21, 1818

8*

Virginia General Assembly

1818

9*

The Revised Code of the Laws of Virginia

1819

10

Justice Of The Peace, Henry Potter,

1828

11* Revised Statutes Of The Laws of the State of Illinois


12* Herman V. Ames, PhD

1845

The Proposed Amendments To The Constitution Of The United States


During The First Century Of Its History
1897

13* George Mitchell

David Dodge

Feb 13, 1991

14* George Mitchell

David Dodge

Mar 20, 1991

15* George Mitchell

Russ Christensen

Jan 3, 1992

16

George Mitchell

David Dodge

Feb 14, 1992

17

David Dodge

George Mitchell

Mar 3, 1992

18* Milton 0. Gustafson

Reference Report

undated

19

Dr. Trudy Peterson

Feb. 16, 1994

20* Michael 1. Kurtz

Lamar Smith

Mar 3, 1994

21

Brian Much

Apr 6, 1994

22* lack Maskell

report to Steven Schiff

Mar. 21, 1994

23* Christopher Runkel

Opinion on Titles of Nobility

May 17,1994

24* Carol Shubinski

Brian March

Mar 7, 1995

Lamar Smith

Steven Schiff

25* List of states/territories and record of acceptance


26

Definitions

27

Affidavit by Brian H. Much

* indicates documents referenced in the "Government Claims & Responses" portion.

Mar. 15, 1995

April 29, 1995

THE

PICTORIAL HISTORY

THE UNIT
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AlVIERICA,
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DISCOVERY BY T}IN NORTH}IEN


IN TI{E

TENTH CENTURY
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THE PRESENT TIME.


BY JOHN FROST,LL.D.
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IN FOUR VOLUMES.

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PHI LADELP HIA:

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PUBLISIIED BY tsENJAMIN lVALKER,


No. 20, SOUTII FOURTII STREET.

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EXHIBIT

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MADISoN'S

wan MEssacE.

all hope of reparation was cut off, and the President sent a
message to Congress, in which he set forth a series of acts
of Great Britain, hostile to the United States, as an independent and neutral nation. After enumerating many aggressions on the part of that nation, he proceeded : .. Our
moderation and conciliation have had no other effect than to
encourage perseverance, and to enlarge pretensions. We
behold our sea-faring citizens still the daily victims of larvless
violence, committed on the great common and highway of
nations, even within sight o[ the country which owes them
protection. We behold our vessels, freighted with the products of our soil and industry, or returning with the honest
proceeds of them, wrested from their larvful destinations, confiscated by prize-courts, no longer the organs of public lalv,
but the instruments of arbitrary edicts ; and their unfortunate
crews dispersed and lost, or forced or inveigled, in British
ports, into British fleets: whilst arguments are enrployed in
support of these aggressions, rvhich have no foundation but in
a principle supporting equally a claim to regulate our external
conmerce in all cases whatsoever.
" We behold, in fine, on the side of Great Britain, a state
of rvar against the United States; and on the side of the
United States, a state of peace towards Great Britain.
6'Whether the United States shall continue passive under
these progressive usurpations, and these accunrulating rvrongs;
or, opposing lorce to force, in defence of their natural rights,
sball comrnit a just cause into the hands of the Almighty Disposer of events, avoiding all connections rvhich nright entangle
it in tbe contests or views of other powers, and preserving a
constant readiness to concur in an honourable re-establishment of peace and friendship, is a solemn guestion, rvhich the
constitution wisely confides to the legislative departrnent of
the governntent. fn recornmending it to their early deliberations, I am happy in the assurance that the decision will be
rvorthy the enlightened and patriotic councils of a virtuous, a
free, and a porverful nation.t'
This message rvas relerred in the House of Representatives,

_t

(:--

EXHIBIT

,/,

DECLANATION OF WAR.

t\

79

to the comnrittee on foreign relatioos. After a serious consideration of its contents, they reported a bill declaring war
betrveen the United I(ingdorns of Great Britain and lreland,
and their dependencies, and the United States of America, and
their territories, accompanied by a rcport, setting forth the
causes that impelled to war, of lvhich the following is a summary. For,
Firstly. Impressing Anrerican citizens, while sailing on the
seas, the highway of nations, dragging thern on board their
ships of war, and forcing tlrern to serve against nations in
amity with the United States; and even to participate in
aggressions on the rights of their fellorv-citizens rvhen met on
the high seas.
Secondly. Violating the rights and peace of our coasts and
harbours, harassing our departing comrnerce, and wantonly
spilling American blood, within our territorial jurisdiction.
Thirdly. Plundering our commerce on every sea; under
pretended blockades, not ofharbours, ports, or places invested
by adequate force; but of e.xtended coasts, without the application of fleets to render thenr legal: and enforcing thenr from
the date of their proclarnation, thereby giving thenr virtually
retrospective effect.
Fourthly. Comnritting numberless spoliations on our ships
and commerce, under her orders in council, of various dates.
Fifthly. Ernploying secret agents within the United States,
with a vierv to subvert our government, and dismember our
union.
Sixthly. Encouraging the Indian tribes to make war on tJre
people of the United States.
The bill reported by the comntittee of foreign relations,
passed the House of Representatives, on the 4th of June, by
a majority of thirty, in one hundred and twenty-eight votes,
and rvas transmitted to the Senate for its concurrence. In
the Senate it was passed by a majority of six, in thirty-two
votes. On the lSth of June, it received the approbation of
the President, and on the next day rvas publicly announced.
By tlris act the President rvas authorized to " aPPly the rvhole

&;-

.f ,y.r* 4a",u nw- /ev/4 "f /y* "roo-alifrff

,,4 *ry,g .it .u;&,iu,rt;j.f:{

:M.ry

b Aftta-.tz

UI 7'Ett'{,&1r'

! I r *S ztoa&4lu
"fcf

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-'t

/ile

EXHIBIT

-e-r?ft)

EXHIBIT
\-=-

D-3

tat,' a.'

t,&&.ft. /"-' r-- 14,4'


,*,/.,.J ,r/'ro4

//o,';,'ffii,;fi:t_

iri-

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;:, -:.,:.','.,.t,!;:;?-,i

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D-

Report Book, Volume

3,

page 15.

lo the house of recresentatives


Pursuant to a resolution of the house of represeatatives

of the 31st of d.ecT Last requesting information of the


nunber of states which had ratifled. the 13th article of
the amenoments to the consti-tuiion of ihe United States,
I iransnit to the house a detailed reycort from the secreiar:.r oi' staie, whlch coniains all the infornation tnai has
been received upon that sr;bject. !'Tc iiine will be losi in
comrrunicatrng to the house the aussers of '',he governors of
the states of South Carolina ancL Virginia, to the errquiries
siaied. by the secretary of state to have been recently
ad.dressed to the:n, when they are recelved. at ihat d.eparirnent.
ITashington february 4. 1818 (si.gned)
Ja.rnes

EXHIBIT

2-r,,

Moiroe

Report Book, Volunre 3, pages 14, 15.

fhe Presideni; of the United. States


Department

of State 3d february

ltre secretary of state, to whon was referred. a resolutlon of the house of reoreseniatives of the 31st of d.ecember
last requesting lnforraation of the nr.:mber of stateb which
have ratified the thirteenth article of the arnenCrnents to the
constitui;ion of the United. States, proposed at the second.
session of the eleventh congress, has the honor res.oectfully
to report to the oresldent, that it apcears, by authentie
documents, on file in the oifice of the departraent ot'staie,
ihat the said article vas ratified Bv 1. Maryland., oD the 25tb of d.ecember, 1810.
2. Kentucky, on the 31st of january, L811.
3. Ohior or the 31st of january, 1811.
Delaware, on the Znd of febru&ryr 1811.
Pennsylvaniar. on the 6tb of february, 1811.
A-

Jersey, on the 13th.of february,

6.

New

7.

Verrnsllrl on the 24th of :oetober, 1811.

g.

Tennessee, on

1811.

the 21st of novenber, 1811.


o
Georgiar oD the 13tb of d.ecember, 1811.
10. North Carollnar or the 23d of d.ecember, 1811.

of f ebruary, J.8l,'2.
te. New llanpshire, oD the L0th of decenber, L812.
11.

Massachusettsr orr tine 27th

That

EXHIBIT

D-5

2That it ftrrther aDpeaxs, by authentic d.ocuments, also


on flLe,

that the said. article

was rejected.

Yorkr orr the 12th of narch, 1814.


1L
Rhod.e Is1and., on the 15th of september, 1814.
Taat 15. ft was submitted to the legislature of the state
of Connecticut at lday session, 1811; but that,
as late as the 22no of April, 1Bl-9, accord.ing to
a letter of that d.ate r'rbn governoi Srnithr Do
final d.ecision had taken .place th.ereon: thai; in
puxsuance of the resolutibn of the house of representaiives in conformlty to which thls reoori is
made, the secrerary of state ad.dressed. a lertor
to the governor of Connecticut, and enclosed. to
hirn, at the sane time, a copy of the _croposed amenCment to the ccnstitution, requesting informaticn as
to any final d.ecision in relation to it, ano tha_t
the ansser to saia,lerter, unCer date oi the e?{rt
u]timo was acconrpanieC by a copy oi resclutions of
ihe general assenbly of that conrdonrrealth, declaring that the amend.ment was not ratified..
Tbat 16. On the egth of .november, 1811. a report was made
by a commirree of the senate of South Carolina,
recommending the adoption of the amendatory article,
whlch recort ras agreed to, and ordered to be sent
to the house of xepreseniatives, in whleh hou-se a
report was also nab.e on the subject on the ?th of
d.ecernber, 1813, reeommend.ing the rejection of the
sald artlcle, but which reeort d.oes not appear to
have been d.efinitively acted" upon by tbai; house:
That the secretary of state addressed to the govetnor of South Carollna a letter, wiib a copy of the
amend.ment, of a like tenor to thai which he addressed to the governor of Connecticut, to which he has
not hltherto received. any ansrer.
By 13.

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,'t,!

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And

ihat

L7.

I{ew

A simllar letter accompanled also by a copy of tbe


amend.ment was wri.tten 6y the secretiry of Ltate to
the governor of VlrglnLa, fron vrhom, up to thls
geriod., nc alrsvrer has been r eceived., at the d.epartment of state, on the subject.
AL1 whlch ls respecifully submiited
.

EXHIBIT

O-'

lW

.,W
d

of the Presld.ents, L?89-189?, by Jannes D.


n, Voh:ne II , pagie ?9.

l{es,_sages and._-Papers

Rlchardso

February 27, L81g.


To the House

t.'
I

of Representatives of the unlted. states:


I communicate herewitb to the House of Representatives a
copy of a letter from the governor of the state of soutb
Carollna to the Secretary of State, together rith extracts
from the journals of proceed-lngs in both branches of the
leglslature of that conmonwealth, reLatrve to a proposed.
a-ncendment of the constitution, which letter and. extracts
are
coanected. witb the subject of ny corununlcatlon to the l{ouse
of the 6th lnsrant.
JAUES

EXHIBIT

.o-b

MOI'IROE.

l
*.._J

a('

rctl&'::^".r(

i 'ilfi'

LdA"./,

- .,';.in:-r. i] ;;li. t?-.t.

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7ed

a/!t)'

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rt,.*

o'?t/L. /.f.

l/j

1-'/

ACTS
Y

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,)
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trattD l? l'

Gg[qts,R5\& Ag$Eults&tr

TEE CO}ITITOITWEALTE :

.t)

rl?

TIRGIIVIA,
BEGUN'AIiD IIELD AT TNE CAPITOL, IN TED
C,-IT OF BICIfiTOJTD,
o:r xoxD^t. ?n2, t?r?.st[ DAt or D?.cErtlt tr tEt tllr
roRD OSt TIIOIEASD ?lcllT Xt:XDntD llsp Ltclltl:tt,

Qt Tfl? COXvOxrrE,^LTH Tr!

'(

ot
llD

Gl

irtl.llltD

EXHIBIT

,.BICE.MOND :
PR'}TTED BT THOX{I 8IT@
lrlotcr to tbc Couroolrelf,L

'-_
tltt

ILa;u*;\ ;ffkf. Ur

^H*,

Exh:4.4 "D-D"

tr*t*5

L,gcar-7 ttl,..l,g41.

5l

lr rnz

rr rnp. toRTt-TtttRn rt.rf,.o? Tnt coyllorrE.lLTtr.- foor frnehnlrlerr sulrjeet to such lovv, to rwrnl t tuperncdefi lo
tlre onler of c.ourt rvhereLrv such lcvy wrs loid.-if. irporr rhc in.
rpection rrf u copv of ruclr orrler. it chall lpperr thit the leoy
lrrs been lairl corrtrury to lnw I arrrl, ot the ranre time. it rholl bc
flwful tn r*nrrl t eerliwari to caure tlre recorrl of ruch lrvv to

An rct, rcpc
rctr of the prrl
this Commorrse
cnten hundrurl
An rct, lo ru

certtin rctt of

be certilierl into (lre frrperior court of taw lraving irrri,.rlici,on


'ro-cirtrfied.
over ruch corra{y Wherr
recorrl shall bc
lha
"uch
ruperior cuun shall proceerl. witlrout tlelr.v; to revene or rllirm

Llerembcr tfic f,
ttYen.
.tn act, to pr
lution of thc t
tlrird, qnc th6u:,
An lct. for c
. ttre Northcnr N
Frirfar, Brron

lhc orrlcr'laying the rerrl levy. al to

e--Far.!"lt1.

torF

tftem nrry tetm right.


Whenever suclr nrpersatlrds arrrl crrlirrrari rholl be grented. it
rhall be lawful for tlre crrrrrt ol' the courrtv, without rvriting tha
6nal rlecirion therco[. !t rnv time, to resciurl the'orrler le-viug the
raid levv.'anrl to llypqerrl tbrtlrwitlr egnirr lo:lry the couhty"levy
rccunlirrg to lrw. ;rnrl to carrse tht: rcnre to li collecterl 'in thl '
manner hercin ltelnre providerl.-ln like manrrrr . if the ordbi
aftrrcs:rirJ he rever.r,rl bv tlre superior court, thc coulrty courl nray
pruceerl, ilt trt-v tinre ulle,rvurrlr. lo lay ttre lrvy n..,,i,ling to lari. .
lrr all etrlrc.. irr n'hiclr n0.r counly levv shall be lairl efier the June
tertn rtl' ruclr cnutrtv cuut't. the slrrrill'or cnllector slrull be rllnwed
6Ji nr,,rrths, frrrnr ihp tirrrr: uf suclr lev-v. lirr cullr:rlirrg' arrrl f,c.
corrrrlirrg tlrerelirr. l[;rrrV slrr.rifl'or Cullcctor rhull. rt-nnv limc.
cultectarrv rnonci' levierl ir afirresairl, arrl suclr tcvy nhalf be cfterrranl3're.eilr,ierl or r(lert(.rl in llre rrianner al'orcrlirl. suclr
therilf or collr:cior shall firrtlrwillr rcturn tlrc monov. so collecled,
trr tlrc pnrson or pers(rns frotn whorn it clrall havc [r.en received:
rrrrJ. irr failure thereol, lre lnrl lrir seturitier., hi.r onrl their erteu.
toru alrrl arlnriniitralom. shrll be linble lo lhc stme rcovery and'
rlumnger, on ir l,rovirlerl in case ol' hir lailure Jo pay othcr tnoncy
duu l'rrnn hirn an collcctor ol' lris crtuntv h'cier.
't'his cct rhall cornnrcnce arrrl lic in lirrce from and:rftcr
$ l.i.
tlre first rlrv of Jrtrrrar.v eiglrler:rr ltttltrlrprl url twnrrty i ctccltl ttt
trrur:llthercnf nr autlr,riizer tlre jtrrlgr" r,l'tlte suPrrrioicourtr oi lerr
to i sur n *ilttnr.rriltns atrrl reTlinrati lo coli'ect tn rronout
cttuttly t,.v-v. 'anrl ts reletcs trt ltte Pos'cr of tlrc cunnry courtq
anrl l[r: rluty uf tlru rlu:rill',rr coltr:cttir r'rrtutcrtrrerrt llrrrson. n'hich
tlr:rll .,r,rrr,,',.n.o nnrl bc i11 lfun.r: frrrrn rnd tfter tl,e parring

Scotlanrl. Pu

'

..1n act. for c


tha boundr of I
Prned in nnc t
'An aet. firr
crn Neck, in lh
enrl eiglrly-6re

An rctr cnnr
Frmeil Decetn

ninetT4ir.
A le'rolution.
tv into efect t

]{ce.k.

Aqr.cet

teeu liunrlierl r

An lctt lo

tlrr:reol.

(:ll.\l'.fnll \:iX1'.- \n :rer prrrti,lir.g firr rlre re.Prrhlicerirm- of thc trtr


of thir llomrnol'rc:rltlr.-1 |tegrcrl lllrth l2tlr, lr;19 l
l-erirrrrarrh: l. Ilt il ,rlnele:l hq lltc GottoralJs.rcn6lt, 'l'lrlt there rhrll bc !
lrr D b prlsrnl. publirlurl arr erlirinrr-nl' lhe tarss of tlri,r Crirrrrrrunrueattlr, in rhich {
ihall be containnrl thr. f,rlkrs'irrg matttrr. that ir to roy:
c..rrrh.ratrt 'fhc clggf3gtirqrr of tlrc l-lnitul Stltcrl lnd tlrc irncnrlrncn[

.)K-+

nt

to convev to tl
rieht nf tlrir C
tlre rivet'Ohio.
lEvrn lrundrerl
f,6 13?, ConC
lo the Unitcd S
drnl rnd eightt
An rct.tuthr
unite with con
runtting a line I

thic C(rmmonn
twtntY.lecond.
Anict' firr t

litv of tcrritor'
griss amemblei

il-- ri.r,., l!Sg.mcnt. Prral


.filiclaratiun of riglrts marlc bv tlre reDre,ienlativer of the cood
ncb'n:'r or
tightY'ninr
end
rsl
rlrfrt
Deople of Viqinia, riserrrblcrl iri futl an'.I lino conrerrtion, r.irich
tct. cunc
An
iiglits rlo pertiio to thcm, nnd tlreir porteritv, u tlre besir rnd
indaP
rn
'
into
fumnrJation of guvernmenl.
hund
3tventecn
c'rirrrioo or rrtr 'flrc conrtituiion or lbrm -of government-agreerl.to, lnd rerolv- ,
for
An
rcf
upo,lr by tlre rlelegatcs.and.r-presenlativir of the rcveral cooo. i
Strt
H"
m r'b*rrrrl-' !.d
tftir
.i'i ' trccn
nnd corporations
cdrporationi of Virginii.
tirr nnrt
bv ccrtrio comr
to.?rrEblc
present mrgistnter
ollicrn toi
onlinince, to
crrablc tlie
tlic pruent
mrgistntet rnd olliccn
to j
Arr onlinincer
brr&- An
t.b.Jo,r-r b*&r.b.Jo,,-r
p'urpoct. Pu
grnc. I
;;;Ub'.--'- corrlinue the rrfinirrirtration of jurticc; and for rcttling tha
hosdred.
ral tnrrtle nf prnteerlincs.in ennrinel rorl othcr cttci, tlill tht:i
Al tct, coae,
6rnre cilu tr nrore nrrrl:l.v prnritled fon Thc rirth rcctioo oply.
'

'

I'u'"ctJ July tlrirrl; reveutrn lrunrlretl snd

fyh;b;l

"D-

D" ft

'2"F5

tcvcltt.dt-

EXHIBIT

D-f

d. Dcc4obcr$
',

I tv-ooa'
.

.;t

:.

r.rr:ic:.:i_srii,_,.1 ,i::: ,:1, .]r: :"-=:::"n oi' c:cir prov;-:icu oF ihe


11rv. ii,llfl lo nla[c iuc:] r)r"et n0(:: ci es:i:n:lc!orr e::d reierencg,
ls lie =i:ail de:rrr pnrper': lre :;all.cguse'io.be nracie
mli-':'-"- !co{:e:i'"i'-'
xoi3s ,li :;lc cunce;lis cl *::cl iec;ior:.'anti a i'uil a;rl com::ll
-:,al:: :nL:'J:
',ri:rric coi:g
lo .1..:
iu
lrg il''lir!tc
co..i,.: : :,::ll,
l::ri i:c
l:c gi:u:t
si:uil ::gJg
:ia:.: i;':d'r:
c:sug ti,g
ii,e troot
rrooit
'ue ':::l':i..tiii' g."-x1;1il::'i.'ir::'i::;
ii:s
s::'.:e:s ';tr
:'.:i:iil':tin::.
.ii::ltl
ije
:
..:.2 ;r
'
' -.
-- |
illr:
;itr:
r.:,1i.;r"C,j
;,., ::!tl:r(J.''.,.utr.it
;,.r
t:!rriio.,'. ruir.;r
ltlirr'.:i.t::.,-ilrrr
liirr..:i.t::.,-ilrrr rri'ilte
rri'ilte i:gC.Jli
.r1 qisl;r"gg
i:gC.Jl,,;e.
ilte iii:,:iriir.-.:::
t;.j lrr
lrr ;lte
,,f Jre
;ite ui' :rrsl'e ciC:'iis, or lSSii;'. '. gi. ii) :;tj
iii:,:iriir:i:r ,,1

:ir
3

llic:::ai x3:i(i::ire:n.:or':'rcrl'r
::: :r';.de:cc i:: :ire :.1r:^e in::::,:i

l;'.,:

".. i:e:,: :'g:asrl io unr.irr::lle rl.:e


i;i:=:'c:s Thomfs Qjcclie
liic ':',!e :i"'lefxj, i;r il,:::::r:'.':: e;';;:'r.. li':. :::i ic ictuiiic:.:,lion
:. ic iiier,i'i'-::crrii';a.
iirc :i:,: '-lsa oi'tii:00::nuc.r:.r::.iili. four
iircr
tlho"S.*{ copics thcrao ',,oll li'ir:ic;i. sn'intl and i.ciie:-ilo(gSi::'.i.;.:,: :::a 'r'rFe r:l .ii:: ljoilal'.; :,;i' .::cit efirr?. ;;,i::e ii.assir!::I
cnpies.rvhe:'e,:,' .l:'g io i:e ci,:i',.':llu ():1 {!c be:':lle :i:e i:.:i {gz ,ri
Decer'.bet'.:::J.'::ie le:;due. (rtt ,Ji'ic:.uce :i:c ir.-.; day,.riJ"atrart

j. :lti

",

'

i:icfl, :l:?:.. ,:r.,:.ii-:e :':,:::;ed


,,r:li;.,is.

rFi

rl--\:.

, 3,
'.
'-

encct;i- ?ir::i ilre Eseculira sir:rii ,be Dc;y cr :t; i::ca:


l.;c, il:o-.v lrsir_erc5"
ll.c:,.iie.v
xre ir_ere.5" rurhor.:sd:nd
rurhorl:sd :nd re.iu:iati;jo
ie.iu:ia-tijo crraii:cl'wii:r;lre
cnaii:cl'wii:r ;lre ff$!,.-o"u^
ilSl,.-odu"
'.'- said 'iiiornas i,iicnic, i'oc rhe ileiiver'.' ,,i ife.saii to::r rirous:aci.":---.11
:
ccries o_! 1ue :cda alirresliri. 'r.l ii:a iirrr;:s. as'd ibr ihe prics ai'oreile :r'-sen3 :,i':'J :! ..,..
j.',,-Eaii.-lT'reg
;belt
;",:.-lalg.-\'rhex
$e.;eid cooies :i't:iI
$e;giri
:i'r:ll be recaivir!,
recaiv;i!, il sltiii
siriii be .t!re gclrlrc.coeia
F:tF.
illci" :nuiner- :
bcdissF'buirr'
ol-tue
E"ec'iiite.-io'rer;ri:r ier tcpies:::eieoij i".,i;;;t"il
'corlli::led, ia'i ;;-::dlrr
t[; *.:e of 'ire ii.r"i:'u
d.;iramu*t,,i;r
tnrl
re::i- r,!:C ic iisir:cute ihe resic:a. ci io'mane the,ecias-,nil' be
LJ---in
:he
:i martner
ioi'torrinl
Ii::accssarl,
cop'ie:irto.'rhe
bv' \..s Lrs..\
cler.k \rL
of
'l-.-::-i,
'-:"'-'
ina.csiarr,
"'.1"I
':'.'.'' "'': l:io:
i ,
irouse
oi
ioc
:ire
L:eneral.
the
use
rhe
.:tc::
oi
seii,
-{::a:r,bin.
t'.
tlcrcges.
res. i'escqc::zely
resiqc::"elT :-i:oe co.pi
;o eai:r
coe'.' io
eei:r o[.:he
o[-:he ju.dge:-oithe
iudse=-'oithe coure
coure ,
juDe-oc
i. i0oeils.
ooeal3.
cour:.
trcU
co[r-;s
0l
ciance!?
Z?canl
i-trli
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LAWS OF YIRGII{IA:

lltio

,q COI.LBCTIOJIf OF ALL SUCE ACTS


ot tll

@tsNtsRAIb AggtsMuB&Ee
OF A PU0UC AND ITERMANEIIT ITATUBA, AS AnE llOW IN FO8CE t

WITE A GENEBAL INDEX.


+
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^t!

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TITD CONSTITUTION OF TIIE UNITT:D


1'il8 DECLAITATION Ot' RIG||TS 1
lf,D

TIIE CONSTITUTION OF VIITGINIA.

islrrd pursucat to an act of thc Gcnrr'al J.eccnlly, crdil|rll ,, 8n ut


prooklitry tm thc n.p&licatba of llu Lau oI thie &mtoawcallh.,l
passed .lfarclr 19, I 8f9.

YOLUME I.

gEJ\ t-i

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"

IIICIIJIIO}fD:
- By tflo]rAg LtrcIlIE,
PRTNT?D
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r8t 9.

EXHIBIT

u-lo
-17

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t$oidng

for tlw re-pubtiuti"on

oJ

tlu

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liilr
o! thc sgd pubticatto\

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strcd ttarch 12, 1819r aryerwhtdcd


do
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B. Y. LEIGE,

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116, 9 69, line 9, foe of ilvfv1 rtsd d &ttufrt.
181, I 3, line 10, for ir*rfrn aIIn tctaFc?d to dc &'.
209, I 61, lert wotd, i* or,rylntztgr d,erdlglg.
220, iine 1+, beforc-the rordg;aa\ nni:?!b?-ol
225, e.68r 1, Iine 3, rfter Eorrirrle,rrld.l?ood^ .
272, 1 19, line- 2, before lo tnqpccr, talftaly.
n7, s, line 2, beforercgnrr/L rerde4oocrcdoid-

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line 12, ourit rrord ann it &e beginniog of the line.
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REVISED STATUTES;'
of TEE

TATE OF IL,LIITOIS"
.{DOPTED BY

THE GENERAL .{SSE}TBLY OF SAID STATE,


SESSION, HELD

.{'I ITS

IN THE YEARS, A. D.,

REGTLAR

1844-'5.

TOGITIIER \VIT}I

AN.IPPENDIX,
coN?-{t:{rNG

-{cTs p}ssED AT THE SA-\IE A-\D PREVIOUS SESSIOIiS, :iOT IIiCORPOnl,Tt:l)

n{ THE

REVISED ST-ITUTES, BUT IVHICH

RE}IAIN I1i

FORCE.

REVISED AND PREPARED FOR PUBLICATIOI{, WITH NOTES,


INDEX, &c. BY lt,I. BRAYIIAN.

PUBLISHED BY AUTHORITY OF TIIF: GE\ERAL ISSE}IBLY.

EXHIBIT D- / (

\__
:.':'..t .

It'i'

SPRINGFIELD:
s

it'.'i*. *t
lll!E"E::;' i'

I al'+i'i
4. I

Wrlr.rer 99[rrns.

pBt:crEr, ron

lV-rltrns & \Yeren, PrBLtc

PRTNT!n.]-.

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..--.'

TABTI OF CONTENTS.

DECLARATION OF INDEPENDENCE,
aRTICLES OF CONFEDERATION,
oRDTNANCE OF (7g7,
CONSTITUTION OF THE T'NITED STATES,
ORDIr\ANCE OF TEE ILLINOIS CONYENTION, l8t8,

\-.

SE!.

.;.
''

u'

42

(t

Ttrrrs

oF

ctslr'arr$

Pacr.

Atrachmenb before Justices, 58


9. Attachoents in Circuit Court, 62
10. Athchments of Boats and-

OF ILLINOIS,

C!r,r.

Trtl,Dt

orCErrtrst.

24.' Conveyances,

25. Corporationr,
26. CosL,

'ZL

l6

acT FoR REYISING TEE LAWS

: '.r l. Abatementr
r '.: 2. Aecount,
, i .{., 3. Advertijements,
' 'l; 4. Aliens,
47
: 5. Amendments and Jeofails, .ltl
' : 6. -tpprentices,
5l
7. Arbitratioos and A\rards, 5i6

I
4'

CONSTTTUTION OF ILLII{OIS,
RESOLUTION OF CONGRESS DECLARING THE ADMISSION
oF TLLINOIS INTO TEE UNION, DECEMBER 3, lEt8,

43
45
'47

&

Pecr

C,ounties and County Coia-

Peor.

toz

nl
lE

missionerst Courts,
129
28. CountyTreasuries and Coun. ty Funds,
29, Courts,
l4l
3O. Crininal Jurisprudeuce, . t5l
31. Cumberlaud Riad,
194
32. Detinue,
195

7L
Vesselsand Counsellors
&3. Dvorcer,
''-. ll. Aaorneys
72
at law,
34. Dower,
' 35. Drovers,
12. Atloroer Generaland0ircuit
'
75
36. Ejectmenl
rl- . Auorrieys,
37. Electionr,
r .:13. Auditor and Treasuror, 77
'i,l{. Bail,
80
38. Escheats,
l5- &nlr notes,
U '39. Estrays,
,10. Evidence and Depositionrr
16.'Bsstardv.
86
8?
l?. Itirtlr a'+d Deatls,.
41. Fees aod Selaricr-,
88
18. &atorBeans, "
42. Ferrier aod Toll Briils"j. '
' 19. Cenrur'
89 ' 43. 'Forcible Entry andl)&incr,
9l
20. Chattellfortgager,
44. Frauds aad Pirjuircr, '
g2
21. Ctancery,i "
{5. {ugitiver from iurticc,
'!
t: 29. (hsritablo Urer,
99
4:i. Ga;ins,
47. Guardiln aud Wrrd, '.
! 2il. Congress'
l0l

'',i;:i:

...t

t{I

f,,'
'.. ..,

196
198

,,

2Gl.

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.

,'-

M.,

2I:!'
z%t,

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n2 '''a,,q

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zltl

2ffi

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261
26:t
w

EX}IIBIT

D-

tl

t
+

26

CONSTITUTION OF THE UMTED STATES.

t.'
TL

ARTICLE VM.

Ercesgive bail shall not be required, aor.ercessive fines impored, uor cnrel and
tmurual punishments inflicted.

ARTICLE IX.
The enumeration in the constitution, of certain rights, shall not be constnred lo

deny or disparage others retained by the people.

ARTICLE X.
Ttre powers not delegated to the United stat6 by the constitution, nor orohibited

by it to the States, are reserved to ttre States respeitively,.or to the'peopie.

ARTICLE,YI.
The judicial power of the united States shall not be construed to ertend to anv
prosecuted against oue of the United Statci
by citizens of another State, or by citizens or subSfuts of any foreign State.

suit io law or equitv, com-enced or

ARTICLE XII.

l. fie electors shall meet in their respective States, and vote bv ballot for
President and Vice President, one of rvhom at least, shali not be an i'nhabitant of
the same state rvith themselves; they--shall name in their ballots the person
voted for as_ President, and in distinct ballots the person voted for as Vice'presidentl and they shall make distinct lists.of all persons voted fbr as presideuf and
of. all persons voted for as vice President, and of the number of r-otes fbr each,
which lists they shall sign and certify, and transmit sealed to the seat of the
government of the LTniied-_sgtes, directed to the president of the senate; the
presid.ent of the s-enate shall in the presence of the senate and House of Representatives, open all the certificates, and the vote's shall then be counted: the person
having the greatest nurnber of votes for President, shall be the president, ii' such
number be a majority of the whole number of electors appointed; and if no person
have slch.majoritl',. then tiom. the pers,ons having ilie highest numbers, not
exceeding ttrrggr
9n the list of thoie voted tbr as.Pre-sident, tfr'e House of Repre-

sentativei shall choose immediately,.by ballol,'the President. But in .tt*!ing


President, the votes shall be lakeg by States, the representation from eacfi
state having one vote; a quorum for this purpose shall c'onsist of a member or
members from trvo-thirds of the
and a-majority of all the States shall be
-States,
n_ect:ary to a choice. And if the
House of Repiesentatives shrll not choose a
Itesident rvhenever the right of choice shall devolve upon tJrem, before the tburth
{ay of March uext following, then the vice President shall act as p}esiden! as in
the case of the death or other constitutional disability of the President.
. 2._Jhe_person having f}e greatest number of votls as Vice Presiden! shell be
the vice kesident, if such n[mber be a majority of the rvhole number of electors
appointcd; and if no person have a majority, then from the two highest numbers
on the !11, th9 senate shall choose the vice Presid-ent: a quorui for the purpose shall eonsiet of two;thirds o{'the whole number of senators, and a majorit} of

tle

the whole n.-ber shall be necessary to a choice.


3. But no person constitutionally ineliqible to the ofrce of presidenij sball
eligible to that of Vice President df the Urritcd States.

be

EXHIBIT

editionr of thc laws of lllinois' tber is an anendment


.-qT,:l-,.,h-_9"*r
tubitDq citens frcm acceptiDg titl,es of nobilityt &c- fmm forcign govemmcnts.

printed ac artictc thirteen, proBut by a ruessage of Urc

ireai

dcntof theuDiiad scatrsof FebrEry4tlSl6rin answertoa resolutionof the Hor;seof nepiesentativegi!


appeaB thzt this amatuot hr-d
bao n6t
*- adod;t
Fl mtid{ by oDIy twelee shtes, ed thereforc ----. be!
See vol t, of the priatel'papen of ttre frs,t session-of Uie rsth Congresj, Xo.:s.1-_,

EXHIBIT

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GORGE

J. MITCHELL
uattf

Hnted

FEt$ Femrs

WASH|NGTON, OC 205 rO-l 902

Febnrary 13,

Mr. David M.

1991

Dodge

Dear l{r. Dodge:


Thank you.

for writing to ehare with

me

the results of your

research on the proposed Thirteenth Anendnent to the


constitution. r appreciate your taking the tine to do so.
when the Thirteenth Amendment was originalty printed in
Maine and ltassachusgettg separatidl tfre lr{aine
1829,-the year
Legislature
mistakenly printed the proposed anendnent in the
Maine constitution as having been aaoplea. As you know, this
r'ras a mistake, as it was not ratified.

Article xrrr did not receive the three-foulths vote


required from the states within the tirne tirnig to be
ratified. AlL editione of the Maine constitution printed
after 1820 exclude the proposed amendment; only thi originals
contain this error.
r arso noted your connents on the war in the persian Gulf.
r arn enclosing a copy of a recent statement on the cituation
to share with you my thoughts in greater detail.
Again, thank you for writing.

fA"'fL^zzegr
Enclosure

EXHIBIT D;

1?,

GEORGE

J. MITCHELL
u^tit

lf,nitsd Ftetss Fcnstc


WASHTNGTON. DC 205 tO-1902

March 20, 1991

Mr. David M.

Dodge

Dear Mr. Dodge:

or .f;l"ll"#:"5';rHi::l3noi*"li"l:'ll'In:"ffi1:rll.ili

\*

issue
.

You have obviously done a great deal of research on t,his


topic and f appreciate knowing of your continued interest in
this matter. However, regardless of whether the state of
Virginia did ratify the proposed thirteenth Amendnent to the
Constitution on March L2, 1819, this approval would not have
been sufficient to anend the Constitution. In 1819, there
were 2L states in clie United States and any amendment would
have required approval of 16 states to amend the
Const,itution. According to your own research, Virginia would
have only been the thirteenth lrtate to approve the proposed
amendrnent.

Again, thank you for writing.


With best regards,

EXHIBIT C - IT

MIIIFCLL

vcJngC!
ullt

Hnitsd Ftsteg Fsnile


WASHTNGTON. OC 205 lO-1 902

January

3, L992

!1r. Russ Christensen


Dear Mr. Christensens

for contacting me about the proposed 13th


Amendrnent to the Constitution which would have prohibited
American citizens from accepting titJ.es of nobility fron foreign
governments. I appreciate hearing from you and regret the delay
in my response.
Mr. Dunn and Mr. Dodge have apprised me of their findings.
Upon receipt of their research, f requested rrryr staff to contact
the Congressional Research Se:rrice for addit,ional information on
this proposed Anendnent. Some editions of the Constj,tution srere
printed as though the Amendnent had been ratified because there
hras apparently sorne confusion over which states had agreed to
this Arnendment. An official inquiry into the matter showed that
although the South Carolina Senate had passed th9 Amendment, the
South Carolina House had not concurred with the Senate.
There is no definitive evidence thaa Virginia ever rat,ified
this Amendment. Although the Virginia House Journal includes a
copy of t,he Constitution with the proposed 13th Amendment printed
as though it had been adopted, this was a common mistake at the
time arising from the L:onfusion over the number of states which
had rat,ified the Amendment.
In aclditinnr even i-f Virginia had agreed to the Amendment, in
18f9, it is unclear if this woul.d have been sufficient to adopt
the Amendrnent as several states had entered the United States
between the years of 1810, when it was introduced in the Senate'
and 1819. This would raise Constitutional issues on which I am
unalrare of any Supreme Court nrlings. I have enclosed severaL
pages from The Prooosed Amendrnents to the Constitution. of thP
United States burinq the First Century of fts History by Herbert
.lmes which were provided by the Congressional Research Senrice
and give a concise history of this issue.
Again, thank you for writing.
Thank you

EXHIBIT

With best wishes,


Sincerely,

Enclosure

D-

IT,

GEORG

MITCHELL

XAIN

Hnirsd Freteg Fgnile


WASH|NGTON. DC 205 ro_r 902

February L4, L992

Mr. David M. Dodge


Dear Mr. Dodge:
?le have ?!orr cortesporrded for some
on the basis of
your premise that there is a "hidden'. time
thirteenth Amendment.
r do not accept your premise. fhe factors of the
twentieth century worrd which you find alarming,
such as the
growth of insurance companies, the number of liwyers,
the
shortcomings of the penil system and other elem"it", are not
amenabre to control by conslitutional Amendment. your
cont,ention that mernbers of the Senate each receive g2 rnillion
Payments to preserve a century old conspiracy is unfounded.
With best regard,s,

Sincerely,

rh^:*l"rl
frry,
Y
J. !{itchell

George

EXHIBIT
\-

_[)- tG,

March 3,1992

George J. Mitchell
175 Russell Senate Oflice Bldg.
Washington, D.C. 2051G1902
Re: Your letter of 2ll4l92
Dear George:

Thank you for a most interesting response to my letter of January


Howevern I must admit to being somewhat perplexed over the statement:

17.

Your contention that members of the Senate receive $2 million


payments to preserve a century old conspiracy is unfounded.

any such contention. I wrote you about the lEl9 amendment


that prohibited titles of nobility; and, not about the secret 13th amendment that
was introduced to the Committee of the Whole [Senatel on April E, 1E64, and
Resolved, as S.R 16., on the same date [Source: Congressional Globe, 38th
Congress, lst Session p. fa$-901. This is the amendment that "guts" the Bill of
Rights and makes everybody subsenient to the will of the judges: "The military
shall always be subordinate to the eristing judicial authority over citizens." [Sec.3.l
As the country was then in the midst of civil war, the "existing judicial authority"
was martial law. It was necessary to "disappear" the original l3th in order to
change the purpose of the government from servents, to the people, into Masters
over them.
since,

I never made

While initially rejected by the Eouse, on June lsth, it was finally adopted on
January 31, 1t65, without ever being read into the record, as S.No. 16. The House
vote is recorded on p. 531 of the Congrasional Globe,3tth Congress, 2nd Session.
On the 2nd of FebruerT, 1E65, Lincoln signed S.R 16. Thus, evoking a joint
resolution, of a critical nature, protesting this presidential meddling' even though
Lincoln was apparently one of the drafien [National Archives, ratified amendments
frlel.

It would appear from the events surrounding these dates, as well as the tone
of the debates in Congress, that there were ertenuating circumstances, the most
crucial of which was the limited borrowing capacity of the United States. With out
assurences that collection of the debt could be enforced against the surwivors, it

would not have been possible to continue the war or finance the reconstruction
that followed. Because such an encumbrance would be a taking without just
compensation within the prohibitions of the frfth amendment [and similar

EXHIBIT

D- t7

provisions in all State constitutionsl, it w&s necessary to grant broad new powers to
the central governmnt to achieve these ends. Section t0 of this secret amendment
granted authority to the Supreme Court of the United States to declare void arny
state law that obstructed recovery. 'Tis no coincidence that two end a half months
later, Lincoln was assassinated...April lSth...the day taxes are due. Most ironical
was the Sec. l2 provision: "...the descendants of Africans shall not be citizens."

On Februar! 12,1992, the lfall Street Journal reported the finding of about
5,200 factual errors in the top l0 history textbooks. Do you suppose this will lead to
a variety of corrcct answers? They say that Lincoln presened the union. Does this
meen, thet like fruit, he brought it to a boil - end then canned it?
Tom tells me you've agreed to a public dialog on some of the issues we've
been corresponding about. It would be nice if we could include some discussion on
the secret treaty making rights under the rules of the Senete. As I am sure you
know, the treaty provision of Article Y[, cl. 2, permits the Lew of the Land to be
supplanted by treaties which are eutomatically secret under the Slanding Rales of
the Senate, Rule XXX, unless declassified under 30.1b. The Ninth Amendment is an
estoppel rgainst the use of this right to deny or disparage rights retained by the
people.

It is always a pleasure to hear from you and I look


time when the art ofliciality is more sublime.

EXHIBIT

\-

p,-l 7

ahead, hopefully, to a

l{atiortnl,

rcbiues

Vinsbington, DC 20406

REF'ERE}JCE RgFONf,

I).JQLIIRY: Proposed Arerdrent on

Titles of Nobility

the hrd Session of tbe llth Congress, wtrich rret froo Noveober 2?,
1, 1810, the Senate ard }louse of Repnesentatives approved, by tr.o
thirds vote il each Hor:se, a resolution proposing an ArenduEnt to the
Constitution. Although there is no date on the resolution, records show t.!ra,t
it r+as approved by the Senat on April 2?, 1810, erd by ttre Hor.rse of
REFORT: In
1809 to l{ay

Representatives on l'lay I , 1810.

The text, of the resolution reads: "If any citizen of the tnited States shalt
accept, clai:a, receive or retain any title of nobility or honor, or shall,
wittrout ttre consent of Congress, aeept ard retain any presient, pension,
office or mlurent of any ki.nd uhatever, froo any esperor, king, prince or
foreign pogter, srrch person shall cea.se to be a citizen of the tldted Sta,tes,
ard shall be incapble of holding any office of tnrst or profit urder ttrem, or

eittrer of then. "

to the r.ecords relating to ttris pr"p"j"a ArrrtDent in the National


it rras ratified W 12 Stat^es in ttre period froo
10' 1810, to Decenber 9, 1812.

Accord.ir

Archives (Record Group 11),


Decerober

In response to a resolution fru ttre Hq.rse of Representstives dated Decenber


21, 1817, ttre Secretary of Stat reported on Febnrar? 4, 1818, that 12 St^ates
had ratified the Arerrioent, that l,terr York ard Rbode Islard had re.iectd it,
that Connecticut had taken no action, ard t.}rst there eptre no replies ftu
Soutlt Carolina or Virginia. A
of this report is in Report Books (Vol. 3
p. 15) arcng ttre records of ttre-py
Departsrt of State (Record Group 591. Ttre
origina-l of the report is arcng the records of the llouse of Representatives
(Recrd Group 233).

I
i

T?u.ts, in 1812, nlren ttrere rere 18 States, orly 12 had ratified ttre proposed
Arer&ent (14 Stat rere needed). In 1818, riren tiere r+ene 21 States, ttrere
were still only 12 ratifications, h.rt 16 nere reeded for tie Anertrent to

prE of ttre Constitution.


A list of St^ates rittr ratification dates, is

beccm

n',fr.,-0,
!{rl,ItrN O.

&r,A7^

G[.EirAF-StX{'

Clrief' Civil

\-.

attacbed.

Referencre Branch

EXHIBIT

Y d t,

o, ut I .i raj' n'es

ct

?- I{

il d Records Ad mi n ist ta t i o n

Sta'te

Dat^e

of Ratification
25,

ltBr:rlard

Deceober

KenttEky

January

29'

Ohio

JanrJar:r

31' l8f1

Delal*are

Febnrar?

2r

1811

Pennsylvania

Febnrarz

6,

1811

lbn Jersey

Febn:ary 13,

Verrcnt

&tober 24, 1811

Tennessee

Noveober

Georgia

Deceober 13,

North Car,olina

Ileceober

pt3g,saehrr<rett5

Febnra,rr 27, 1812

New Harpshire

Deceober

}br

Rejected on llarch 12,

York

1810

1811

1811

21, lSll
1811

23, 1811

9, l8l2
1812

hode Islard

Rejected

Connecticrrt

Itb action

Soutn Carolina

No

reply; no reord in file

Virgi-nia '

No

neply; rp r.ord in file

Louisiana

tlrio in 1812, rp reconl. in file


htred Urrio in 1816, no record in file
Ertered thion in 1817, m record in file
Ertred ltriqr in 1818, m record in file

Irdiana

ltississippi

IUirpis

cr Septcober 15, 1814

Ertred

EXHIBIT D -

/{

TAMAR SMITH
2t

r?

COMMITTEE ON THE BUOGT

o|llllcT. ?!xAs

COMMITTE O}I

JOXil W LAUPilAI{N

(r.

JUOICIARY

'HE
3urcotililr?ct oN

Aorat$ltll?wt atll3?lr.t

cntME

AllD CitMtnal JUt?tCt

ZalS n^ytvrlr Houta Ortlct Bvtrotric


w^3Hrr{ctol{, 0c z0l r t-{3t I

ongregg 8t tbe @,nite! ststeg

t202i 22t-{2t6

frouse of Bepressrtntibeg

tUgCOMr'ill?Cl ON rNrtnXAflOnAL tAW


tsMtcnlt,ofr, An0 Rlru0ec g
HOUSE REPU6LICAN
POLICY CCMMITTEE

February 15, i994

Dr. Trudy

Pctergon

ActinE NaElonal Archiviee


8eh and Pennsylvanl-a Ave.
Waehingcon, D,C. 20408

Dear

Dr.

NW

Pet,erson,

of a frlend'E interest, I an inquirlng abcut the


Nobillcyn
amendrrreng enurileraEed as Ariicle XIiI in rhe
of
'tlitles
Conetitution. The earLler pubticat,lon and then dieappearance of
Ag a result.

Ehis anendmenB raises

Eome

intresE,lng quescions.

IE, has been brought E,o my aEienEion that a new reporE, from che
Civil Ref,crence Branch claims Ehe amendment wagn'E ratified because
of Ehe ex post faeto addiC,ion of four new states, even chough all
four of thege staEes publlshed this amendment a6 a par! of ihe
Conetieueion ln c,helr official pr:blicaelons at F.he t,ime, IF- appears
t,hat t,hie amendment wae rat,lfied and wiciely accepted.
It, is my underEtanding t,hat, Gary L. Brooks, Chief of Ehe ieEal
services sEaff, has been aeaigned E,he responeibility for overseeing
Ehia nat,Car f or E,he National ArchiveE. I would appreciaEe knowlng
ehe NaEional Archlves' pogitlon on Ehe ratification of t,hie

amendment,.

Thank you

for your time and agslstance.

Sincerely,

Member

of

Congress

tS: Jy

EXHIBIT p-te
[=
tltrat ittlY

! too

to.
N E.

Loot

!'lo

9AN ANToN|o,

ix

-22r I

Mrrr g?rta?

!
r{ouNo loc(. ix Ttccl
Surrt 3l

ssr?a 649

70209

(zrot E2l-6024

(tt2t 2r8-azlr

n rcc! .:inrrxri HloH*^,


- ril?v,. L!. -x 7ltc28
i2'1i 8gE'tr''

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33

EA5T

-,roF.i Sttt:t

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sAN ArjqE-c.
i9 I ii

'r

:C: w(sr Wrri


Ssf

3C2

7e90,i

t!3-:t97

r loil

S-q:E:

M 0LAN0. 'x ;97Q


le t lr 6e7-6?32

f{arional,

rcbiues
&fusbington, DC 20408

MAR

lbc

-3

isg4

Ewronablg Tqrmr'

fuitb

hlee of Reprerentstives
hsblrUton, E 20515
Dear

Ur. Shith:

Ttrlg

ie in reepcrsc to your Febrn:ary 161 1994, letter

l,lobility Asrfu(rt."

ttre lrchl'ctet of the lxrited St^ates

is

gorrcrtred

a,bout

the "Titlee of

tty 1 U.S.C. 106b:

official notiae is received at tbe Ngtiona.l Arc*tives and


Rrdr Adairuistratisr t,lrat any anemfut protpoeca to the
Constitutlon of tll.e ttrited gtates ha.s ben adogtedl according to
the prwlsicrns of ttre Constitution, tlre Archivist of tbe thitd
St^etes Bh^all forthrittr cauae the arendsrt to be g$Iisbed, rritb
hie certifioate, speciffinS the Stgtes br v.hich the sane uy have
bsr adoptd, arxl tJrat the gere lras becre va-lid, trr a'11 intrft's
and prrposes, B.e a parb of the Constitution of f}e tJnitcd Statee.

Whenever

Awrg the records in the Nationel Arthives relatilg to the

prroposed 13th

Ar{icle of Amrfunts to t}e Constituticr, on titles of nobility (Record Group


11, Gcneral Rmds of the U.S. Gsvenmt), ttrcre are official notices of
retificetion frw 1.2 St^stes. Befon: Jg50 the Secreta.lr of Stgte ras tjre
offlcial r.rlro sei'red tbe official notices ard pblished Arcrfutts eft*r t-hey
nere ratifl.ed' rn 1818 the seoreta'r':r of stat'e reported to congress tttat 12
Strrtec had ratified the nroposed Amrdment. ftese is no official noticn frco
any etst.e datcd after 1818 that it had retified the proposd Anrfrent. The
propored Alnerrdmcnt r.ra.s never inchded in any official rretgicrt of the
bcnstttutLcr printed by thc Ibpartrent of Statc. ttre inclusion of t}is
p1ypoed amrgnent in e@ prblications issud by src state aEfarently ts
done

ln

errror.

f rademtaill tbst the LSal Senrioeg Staff of tf,re NBtima.l Archives ard
Rcds Afuinistraticn ig prryrinf a rergndr.u on t*ris srlbictr ard I trill
eerd you a cogf as Boon as it is ccryletcd.
I{e horpe this inforuticn is of e.saistrrce, If t}rere are any fi:rtber
gerticrs, t5e gtaff of cnr Cilril Rcfererrce Brarph trould be plea.ged to help.
fo,, -y oqntaot tleo by rrriting to tlre Civil Reference Branctr (NNrc) r Nationa.l
Ar.ohirree and, Records Arrrrilietration, l{a.shington, E 20408' the teleryhcrre
nu&er ir (202) 501-5395.
Sincerely,

f\,u,r!-"JJ@ EXHIBIT _D- Ao,


MICHAEI,

J.

NISIZ

Actlng .lgsistant ArchlvLst.


for thc Naticnal Architiee
National 'ttvhiues and Recot* Mminbtmtion

STEVEN SCHIFF

PLEASE REPLY TO:

FtRsy OtsrntcT, NErv MExtco

n
COMMITTEES:

SclEtrcE, Spac, AilD TcHiloLocy


JUDIcIARY

Slrroenos

@ongre

oF OFFtctAL CoNcucr

Hurall

lilrcaGovERrlrrtltal

REsouects AxD
RELAfl

odag'ington,

olrs

Rattxtt{c MExBET

April 6,

REPUBLIc^il RESEAncH CbMMITIEE


Tas( FoRc on CFTME

(2O2)

20515-3101

1994

olsTRlct oFFlcE:

625.srwEF AvEiluE, sw
SunE 14O
Stlen Sourne
AlBuouEiou, NM 87102

(sos) 766-2538

Brian March
PO Box 26512
Albuquerque, NM 87L25
Dear Brian:
Enclosed you

will find a copy of the Congressional

Research Service (CRS) response


Title-s of
Nobility, Gifts and Emoluments from foreign governments.

Article 13, the proposed Amendment on

The CRS contends that although this Article was widely reported in journals of the
time as an official Amendment to the Constitution, it was never legally ratified by the
States. So, at tttis time it is not a recognized Amendment to the Constitution, since it has
never been ratified by the requisite 3/4ths of the States in the Union.
Keep !n mind that as each State is entered into the Union, it is admitted on an "equal
with qll the other States, entitling it to full and equal privileges concerning the laws
of the United States, including full participation in the ratification process. A recent
example of the application of the "equal footing doctrine" is Article 27, the recently
approved Constitutional Amendment regarding congressional pay. This Article was
proposed in 1789 when the Union consisted of 13 States. Since there are now 50 States in
the Union, 3/4ths of the States, or 38 were required to approve Article 27 as an Amendment
to the Constitution, which was finally ratified on May 7, 1992, when Michigan approved it.

fooqingl'_

I hope that the Congressional Research Service analysis of the situation surrounding
Article 13 is interesting to you and that the inforrration they have provided is of use to you
in your continuing research.
Sincerely,

Sr*

g.-afr

Steven Schiff
SS:md

Enclosures: As stated

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EXHIBIT *D^'a'

THIS STATIONERY PRIIffEO OI{ PAPER MADE OF RECYCLED FI8Ef,S

l'

Congressional Research Service

The Library of Congress . Washington, D.C. 20540-7000

March 2L, L994


TO

Honorable Steven Schiff


Attentibn: Mark Moores

FROM

American Law Division

SUBJECT

Proposed Amendment on Titles of Nobility,


Emoluments from Foreign Governments

Gifts, and

This memorandum is submitted in response to your request regarding a


constitutional amendment proposed in 1810 regarding the prohibition of
American citizens receiving titles of nobility, or any presents, emoluments or
office, without the consent of Congress, from a foreign king or foreign
government (referred to by some as the "Thirteenth Amendment"). It is

generally understood by historians and constitutional scholars, and certified by


the Archivist of the United States, that this particular proposed amendment,
after submission to the States by the Congress, received formal ratification from
the legislatures of only twelve States, and therefore has failed to receive the
required 3/4ths approval from the States for ratification.r
Despite the recorded official notification and certification from only twelve
States, certain individuals have argued that this "lost" amendment has in fact
been ratified by the requisite'number of States, and that a conspiracy at all
levels of government, and involving the courts and the legal profession, has kept
the fact of this amendment's existence from coming to light.z As discussrid with
your offtce by telephone, and as indicated in the materials provided to your
offtce, this contention by these individuals concerning the ratification of this
proposed amendment has been examined in the past by this Service, and has
been found to be substantially without merit and, at this time, incapable of
empirical substantiation. Beeause of the demands and workload of the staff of
I

Records fronr the National Archives and Records Administration show that the last, and
12th Stat to rarify this provision was New Hanrpshire, December 9, 1812; note also United Stares
General Services Adnrinistration; see Ames, Tlre Proposed ,4mmclmmts to the Constitution of the
United States During the First Century of lts History. Annual R.port of the American Historical
Association For the Year 1896, pt. 2 (1896), 188-189; Justice Joseph Story, Commentaies on the
Constitution, Vol 3, g 1346 (1833); Killian, The Constirution of the united States of Atnerica Analysis and, Interpretation, Senare Doc. 99-16, 99th Cong., 1st Sess., at 5l; Leonard Lery,
Encyclopedia of the Anerican Constitution, Vol 4, at p. 1899 t 1986r. As nored by William Rawle
in 1829, this proposed anrendment "has been adopced by some of rhe states; but not yet by a
sufficient number." Rawle, A View of the Constitution of the Unitett Srnres 120 (2d ed. 1829).

'

Note self-published document "Titles of Nobility -.. and Other Usurpations" (undased).

EXHIBIT

_J}-&

cRs-2
the Congressional Research Service on current legislative and legal issues for the
Congress, we will be able to provide only a very brief response to the issues
again raised by your constituent. Please be respectfully advised that the
statutory mission of our agency, and the constraints of our budget and demands
on our limited personnel make it impossible for us to engage in any continuing
or direct dialogue with your constituent regarding these issues.

Briefly, from oflicial and authoritative sources, and from commonly


it may be concluded that:

accepted legal and constitutional principles,

1. The printing of various copies or editions of the United States


Constitution in the early 1800's with the proposed "Thirteenth Amendment"
included in the publication was a common error in that era.
Although the south carolina senate approved the proposal, and a select
committee of the house reported it favorably, the South Carolina House of
Representatives failed to pass the measure, and took no action upon it after
December 7, 1813.3 Many people assumed, upon approval by the Senate of
South Carolina, that the amendment had been ratified, and certain publications,
printing copies of the Constitution alter that date, included the "Thirteenth
Amendment" concerning titles of nobility. As explained by historian Herman V.
Ames in his comprehensive study of proposed amendments, this confusion "led
to a resolution of inquiry, as a result of which it was discovered that the House
of Representatives of South Carolina had not confirmed the action of the
Senate, and so the amendment had not been adopted." Ames explained that
some of the general public, however, "continued to think that this amendment
had been adopted, and this misconception was perpetuated for over a third of
a century in editions of the Constitution and school histories."a
The printing of an edition or a copy of the Constitution with the proposed
amendment in it is, of course, not a substitute for nor even necessarily indicative
of a formal ratification by the legislature of a State. Problems in
communications before the common advent of the radio, the telephone, or even
the telegraph, were, of course, notorious in the early history of our nation.
However, even in more modern times, problems in communications and
understandings occur, such as in the more recent mistaken notification by two
States that there had been a formal adoption of the call for a constitutional
convention on a proposed amendment in 1979, when in fact only one house of
the bicameral legislature had approved the measure at that time.5

'r S* Ho.r." Docunrents, 15th Cong., lst Sess., Doc. No. 129 rMarch 2, 1818), Message Siom
the President of the United Slofes, Transmitting o l*tter liom the Gou. of South Corolina.

{ Anes, supra at

188-189.

" Not" applications of Arkansas and Indiana inadvertenrly reporting passage in 19?9. Both
houses of the legislature of those States did eventually approve the measure. See 125 Cong. Rec.
S. 3231 tdaiiy ed. March
L979). Discussed in CRS Report 92-729, Amending the United States
Constitution: by Congress or bX Constitutional Conuention, Septenrber 18, 1992, at 13, n. 63.

n,

EXHlBlr

!-?+

CRS.3

2. There is no current offtcial indication, nor oflicial record of formal


notification received, that both houses of the legislature of the Commonwealth
of virginia formally ratified this proposed amendment.o However, even if the
commonwealth of virginia had rutified the proposal in 1819, as claimed by
some, such ratification would have made only the thirteenth State to ratify the
provision by that year. In 1819, there were then 21 States in the Union, and
the requisite number of States to ratify the proposal by the required 3/4ths of
the States would have been L6 States.?
As each State is entered into the Union, it is admitted on an "equal footing"
with all other States. The "equal footing doctrine" is one which has been known
and recognized in governmental and constitutional practice and theory since the
founding of our Nation.8 As such, each State is entered into the Union with
full and equal privileges concerning the laws of the United States, which would
include full consideration and participation in the ratification process.

The most recent practical application and example of this doctrine in the
area of constitutional amendments has been the recent ratification of the socalled "Madison Amendment" concerning congressional pay, the 27th
Amendment. That amendment was proposed by the Congress and sent to the
states on September 25, 1789. Six of the then 14 States had approved the
amendment by 1791. The 27th Amendment was not formally ratified and
accepted, however, until the 38th state (Michigan, on May 7, rgg2) approved the
amendment.e Since th" nJilEffiStates had increased to b0 before the
requisite approval of 3/4ths of the existing States had been received, the
required number of States approving became 38.

3. Finally, the belief that the language of the proposed "Titles of Nobility"
amendment would in some way prohibit, bar or eliminate attorneys, judges,
corporations, or chartered national or state banks, and would rectify injustices
concerning "political prisoners" in our penal system,r0 appears to require an
6

Ho,r"" Documents, 15th Cong., 1st Sess., Doc. No. 76. Message ftom the President
United Stares ... tFebruary 6, 1818). No response from Virginia as of February 3, 1818.

of

the

? On D"""rrrber
14, 1819, Alabanra became the 22nd State, and ratification would have
required 1? States.
8

Coyle u. Smith,221 U.S. 559 t 1911); Case u. Toftus,39 F. ?30, ?32 (C.C.D.Ore. 1889); note
early stalutory pronruigation ofdoctrine by rhe Continental Congress in the Northwest Ordinance,
July 13, 1?87, "An Ordinance for the Governnrent of the Territory of the United Staues Northwest,
of the River Ohio," Art. V, 5 Journals of Congress 752-754 r 1823 ed.t, reprinted in C. Tansil ted.t,
Documents lllustrwtiue of the Formation of the Union of the ,4neican States, H. Doc. No. 398, 69th
Cong., 1st Sess. t 1927), 47, U. As to "equal footing' in admission clauses of States generally, see
Hanna, Equal Footing in the Admission of States, 3 Baylor Law Review 519, n.1, 523-524 (1951).
e

S". 5? F. R. 2118?-88, May 19, 1992; 138 Cong. Rec. 56948, H3505, (daily ed. May 20, 1992).
New Jersey also ratified on the sanre date.
lo

S"" nor" 2, infra, at pp. I - 27.

EXhllBlT 0-2+.

CRS-4

interpretation of constitutional language which is unprecedented and


unsupported in case law or direct legislative history. For an interpretation of
a constitutional provision with somewhat comparable and analogous language,
one may wish to refer to Article I, Section 9, clause 8, of the United States
Constitution which does, in fact, expressly bar the United States from granting
any "Title of Nobility", and prohibits, without the consent of the Congress, the
receipt of presents, titles, oflices and emoluments from foreign governments by
federal offrcers or employees.lr Article I, Section 10, clause 1, similarly
prohibits the States from granting titles of nobility. As stated in 1833 by the
noted constitutional scholar, Joseph Story, in commenting on this proposal,
described by him as "a general prohibition against any citizen whatever, whether
in private or in public life, accepting any foreign title of nobility":
An amendment for this purpose has been recommended by congress;
but, as yet, it has not received the ratification of the constitutional
number of states to make it obligatory, probably from a growing sense,
that it is wholly unnecessary.12
"Titles of nobility" have thus always been prohibited from being granted by

the United States or by any State under our Constitution; and gifts, offices,
titles and compensation ("emoluments") from foreign governments have been
prohibited for federal officers and employees without the consent of the
Congress. These provisions have been interpreted in conformance with their
expressed intent and the plain meaning of the language used, rather than in a
capricious manner which in some attenuated way attempts to outlaw

government and regulatory licensing, professional certifications required and/or


recognized by a State, or the granting of corporate charters by governmental
entities.

''-=,-*7%

-'' ,
-"''

Jack Maskell
Legislative Attorney

-:

ll Ar,rorrg the Framers concern with "titles of nobiiity" were the probienrs of "hereditary
distinctions" in a republican denrocracy, note Rawle, supra at 119; see e.g, Franklin's objection to
individuals "entailing ... an Honour on their Posterity" (Albert Henry Smiuh, d. The Witings of
Benjamin Frunklin, 9:161-163); Jefferson's criticism 'that experience has shewn that the
hereditary branches of nodern governments are the patrons of privilege and prerogative, and not
of the natural rights of the people" (Julian P. Boyd, ed. The Papers of Thomas Jefferson, ?:105-8);
see also Tucker, Blackstone's Contmentaries.' "But even where it is conceded that distinctions of
rank and honours were necessary to good governnent, it would by no neans follow that they
should be hereditary ...." 1: App. 216-22 ( 1803,. Material reproduced in Kurland and Lerner, ?he
Found,ers' Constitution ( 198?). A.s to gifts and enrolunrents clause, see Eltiot's Debates, Volunre
Y, p. 467 tMr. Pinckney of South Carolina); Story, szpra at $$ 1345, 1346; nore, for example,
interpretations ar 13 Op. Atty. Gen. 537 t1871t; 24 Op. Any. Gen. 116 {1902);40 Op. A*y. Cen.
(-._

513 t1947t; 34 Comp. Gen. 331 t1955t; 37 Comp. Gen. 138 t1957r; 44 Comp. Gen. 130 r19&lt 44
Conrp. Gen. T27 (1964); 49 Comp. Gen. 819 (1970).
12

Joseph Story, Commentaies on the Constitution, Vol. 3 $ 1346 ( 1833).

EXtllBlT

_p*

f[arional,

rchiues
W'asbington, DC 20408

May

Annof

N-GC

Subiect

Date
Replyto

L7, t994

"Titles of Nobility"

amendment

NN

This is in response to your November 26, 1993, reqfuest for


our opinion concerning whether the Acting ArchiviJt (N) must
certify that a measure known as the "Tj-tles of Nobility"
amendment became part of the constitution of the united
States in L819.
The 2d session of the llth congress, which met from November
1809 to March 1810, approved, by two-thirds vote in each
House, a resolution proposing the forrowing amendment to the
Constitution!
If any citizen of the united States shall accept,
cIaim, receive or retain any title of nobilitlor
honor, or shaIl, 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 perion strat:-.
cease to be a citizen of the United States, and
shall be incapable of holding any office of trust
or profit under them, or ej_ther of them.
Records in the National Archives indicate that, between
December 18L0 and December 1812, L2 States officially
notified the executive branch that they had ratified-tbe
proposed amendment, which we will refer to hereafter as ,'the
fitles of Nobility amendment" or "the amendme[t.,, At the
time Congress submitted the amendment to the States for
ratifj-cation, the Uaion comprised 12 States. By December 9,
LBLT, the dat,e the 1.2th State, New Hampshire, ratified the
amendment, this number had increased to 18.
Records in the National Archives also indicate that, in
response to a resolution passed by the House of
Represeatatives in Decernber 181?, t,he Secretary of State
reported on February 4, 1818, that he bad received official
notice of ratification of the amendment from 12 states. The
secretary of state furtber reported that he had received no
response from Virgiuia to his written request for
information concerning any finar decision uy that stat,e
regarding the amendrnent. The union comprisea z1 states in
,

1818.

EXHIBIT n, ^ 3
National Arcbitta and Records Administration

On November 22, L993, you received an oral request that tbe


Acting Archivist certify that the Titles of Nobility
amendment became part of the constitution on March 12, 1919.
This reguest.came from private citizens David Dodge, Tom
DunD, and Brian March, who offered the following irguments
in support of their proposition. Fj-rst, that becauie there
were L7 states when Congress submitted the Titles of
Nobility amendment to the States for ratification, the
amendment became part of the Constitution once 13 States had
ratified. Second, that the 13th_ State, Virginia, ratified
the amendnent on March L2, 1819.r
You forwarded the oral request t,o us for review. you also
made a written reqluest for a IegaI opinion concerning the
Acting Archivist's ability to certify that the Titlei of
Nobility amendment became part of the constitution in 1819.
We have completed our review of t,his matter. For the
followingl reasons, we conclude that the Acting Archivist has
no authority to cert,ify that t,he Titles of Uobility
amendment became a part of the Cpnstitution in i.819.
Section 106b of Title L, United States Code (U.S.C. ) ( 1gBB)
states that:

official notice is received at the


National Archives and Records Administration that
any amendment, proposed to the Constitution of the
United States has been adopted, according to the
provisions of the Constitution, the Arcbivist of
the United States shall forthwith cause the
amendment, to be published, with his certificate,
specifying the States by which the same may have

Whenever

been adopted, and that the same has become valid,


to all intents and purposesr ds a part of the
Constitution of the United States.

of the Constitution" to which S 106b refers


in Article V, which states that:
The Congress, whenever two thirds of both Houses
shall deem it, necessary, shall propose Ameudments
to this Constitution, or on the Application of the
Legislatures of two thirds of the several States,
shall call a Convention for proposing Amendments,
which, in either Case, shall be valid to all

The "provisions
are those found

In addition to rnaking an oral request, that the Acting


Archivist certify the amendment, Messrs. Dodge, Dunn, and
March submitted a bound volume of materials in support of
tbeir request.

EXHIBIT D -;,3

Intents and purposesr ds part of this


Constitution, when ratified by the Legislatures of
three fourths of the several States, or by
Convent,ions iu three fourths thereoir ds Lhe one
or the other Mode of Ratification may be proposed
by the Congress; provided that no Xn6ndne-nt iUicU
may
prior to the year One thousand eight
-be made
hundred
and eight shal1 in any Manner affect the
first and fourtb Clauses in the Nitrth Section of
the first Article; and that no State, without its
Consent, shall be deprived of its equal suffiage
in the Senate.
we concrude that the Acting Archivist,'s authority under 1
u.s.c. s 106b to certify tf,at an amendment has blcome valid,
to all intents and purposesr ds a part of the constitution
is limited to situalions where she determines t,hat the
National Archives and Records Administration (NARA) has
received "officiar notice" of an amendmentrs ratification
from at least 38 states. This conclusion is based on the
pIa:T language of Art,icle V, which conditions the Acting
Archivist's certification on tbe'receipt of official noiice
of ratification from "three-fourths of the several states.,,
Three-fourths of the states comprising the united states is
38 States.

Additional support, for this conclusion is provided by a


opinion of thl-Department of Justicers Offlce

Lggz

counsel (olc). Tbe oLC expressly concluded that


"i-i"gif
39 states
would have to ratify what was popularly known as the
"congressiona] Pay Amendment" before it becarne a part of the
constitution.2 ro op. o.L.c. 100, 101 (Lgg2) (pre'lirninary

printl. The oLC also concluded that, once the--archivist


received "formal instruments of ratification,, frorn 3g
states, the Archivist would be required to certify that t,be
Congressional Pay Amendnent had ',become valid, to-al1
intents and purposesr ds a part of the Constitution. " Jd.
at 101.
The OLC's opinion is significant because tne OLC is
authorized by congress to resolve quest,ions of law that
affect executive branch operations. See 28 U.S.C. S 511
(1988). The OLC,s L992 opinion is directly on point with
many States would have-to rltify the
!|"_question
9f howamendnent
Titres of Nobility
before the Acting Archivist
could certify under 1u.s.c, s 106b that, the arnendment had
become valid, to all intents and purposesr rs a part of the
Constitution.

The Congressional Pay Amendment became the Trventy-seventh


Amendment to the Constitution in May Lggz.

EXHIBIT D:7J

Only 1-1 States had adopted the Constitution when Congress


submitted the Congressi.onal Pay Amendment to the States j-n
L789 for ratification.
Therefore, like the Tit,les of

Nobility amendment, the Congressional Pay Amendment was


submitted by Congress for ratification at a ti:ne when the
"several States" nurnbered fewer than 50. The OLC did not
conclude, however, that the Archivist should have certified
that the Congressional Pay Amendment bad become part of the
Constitution once NARA had received official notice of
ratification from 9 of those lL States. Rather, the OLC
concluded that the Archivist's authority to certify the
Congressi-onal Pay Amendment depended upon NARA,'s receipt of
official notice of rati-fication from 38 States.
The Acting Archivist has no authority to det,ermine, as a
matter of law, whether any amendment, including the Titles
of Nobility amendment, is actually a part, of tbe
Const,itution. See Dillon v. Gloss , 256 U.S. 368, 376-77
(L92L) (the Eighteenth Arnendment became effective when the
necessary nunber of States had ratified it, not when the
Secretary of State issued his certificate under tbe
predecessor statute to 1 U.S.C. S l-06b). The Acting
Archivist also has no authority to determine whet,ber a Stat,e
has properly rat,ified aa amendment. See Leser v. Garrett,
258 U.S. 130, L37 (L922) (Secretary of State could uot
inquire into whether State properly ratified Nineteenth
Amendment; "duly authenticated" official notice of
ratification was "conclusive" upon Secretary). Given the
si:nilarities between the fact pattern involving the
Congressional Pay Amendment and the facts of the instant
case, and given the OLCts opinion regarding the aumber of
States needed to ratify t,he Congressional Pay Amendment in
L992r we conclude that, the extent of the Acting Archivist's
authority with respect to amendnents is the determination of
whether official notice of ratification has been received
frorn 38 States. See United States v. Sitka, 845 F.2d 43, 47
(2d Cir.), cert. denied, 488 U.S. 82? (1988) (certification
authority found in 1 u.S.c. S 106b is "ministeriaf in
nature); United States ex reI. Widenmann v. Colbyt 265 F.
998,999-1000 (D.C. Cir. 1920), aff'd, 257 u.S. 619 (L921).
(same). See also 16 Op. O.L.C. at LL7.
At most, L3 States have officially notified NARA of their
ratification of the Titles of Nobj-lity amendment.3 Because
reach no conclusion as to wbether Virginia actually
ratified the amendment or wbetber NARiR has received
"official notice" of any ratification. For the reasons
set forth ia tbe body of this opinion, the first issue is
one that the Acting Archivist cannot resolve as a matter
of law. As for t,he second issue, it need not be decided

We

\-.

EXHIBIT

official notice is needed from 38 States to trigger the


exercise of the authority set forth in 1U.S.C. S 106b, vre
conclude that the Acting Archivist may not certify that the
amendment has become valid, to all intent,s aad purposesr trS
a part of the Constitution of the United States. We also
conclude, for the reasons set forth above, that the Acting
Archivist possesses no authority to determine whether the
Titles of Nobility amendment became a part of the
Constitution in 1819.
f will be providiug copies of this opi-nion to Messrs. Dodge,
Dunn, and Marcb (via Mr. March), and Representative Lamar
Smith of Texas.

Ghorrrt-aq
CHRISTOPHER M. RI'NKEL
Acting General Counsel

[r-

by NARA so long as tbe number of States that have


ratified the amendrnent remains at a total so far from 38,

EXHIBIT

_p-,X..

ORNIN G. HATCH, UTAH, CHAIRMAN


STROM THURMOND, SOUTH CAROLINA
ALAN K. SIMPSON, VVYOMING
CHARLES E, GRASSLEY, IOWA
ARLEN SPECTER. PNNSYLVANIA
HANK gROWN, COLORADO

THOMPSON, TENNESSE
ION KYL, ARIZONA
'lKE OEwlNE, OHIO
PNCER ABRAHAM, MICHIGAN

FREO

JOSEPH R. glDEN. Je.. DELAWARE


EDWARD M. KENNEDY, MASSACHUSETTS
PATRICK J. LEAHY. VERMONT
HOWELL HFLIN, AL,ABAMA
PAUL SIMON. ILLINOIS
HRBERT KOHL, WSCONSIN
DIANNE FEINSTEIN, CALIFORNIA
RUSSELL D. FEINGOLO, wlSCONSIN

"lflnitsd ,Ststss
Fsnate
COMMITTEE ON THE JUDICIARY

WASHINGTON, DC 2051(H275

March 7, 1995

Brian H.

March

4845 Los Serranos Ct. N.W.

Albuquerque, NM 87120
Dear Mr. March:

Senat,or Simon forwarded me your research concerning the Titles of


Nobil5-ty Amendment to the United States Constitution and asked me
to look into it. It appears you have spent a lot of time
researching this issue. The amendment never became part of the
Constitution because it has never been ratified by three-fourths of

the states.
In L810, Senator Reed of Maryland introduced a proposed thirteenth
amendment to the Constitution. As you know, the amendment would
revoke the citizenship of anyone who accepted a title of nobility
or a gift from a foreign stater ox who married a person of royal
blood, without the consent of Congress. Two-thirds of both the
House of Representatives and the Senate voted in favor of the
proposed amendment in L810 and sent it to the states for
ratification. By 1812, twelve states had ratified the amendment.
However, in order to become part of the Constitution, thirteen
states would have had to ratify it, because 18 states had joined the
Union by 1812. No state has ratified the amendment since 1812.
The Titles of Nobility Amendment is one of four proposed amendments
supposedly sti1l pending before the states. lhis possibility came
to-tigtrt when, in-1992, the final requisite states voted to ratify
the twenty-seventh amendment, over 200 years after it $ras first
introduced, concerning pay raises for members of Congress. Senator
Robert C. Byrd introduced a resolution in L992 to eliminate the
possibilitybf ratifying these forgotten amendments, including the
titles of nobility amendrnent, but the resolution never crme to a
vote.

Constitution does contain provisions concerning nobility, which


apply to the federal and state governnents rather than to all
cilizens as the 1810 proposed amendment, did. Art. I' Sec. ixt
paragraph I and Art. f, Sec. xt paragraph 1 prohibit the state and
iedeial- governments from granting titles of nobility. Th"
Constitution also prohibits government officials from accepting
t,itles of nobility without obtaining the consent of Congress.
The

EXHIBIT

c-?4,

I am enclosing the research you gave to Senator Simon. Thanks again


for bringing this matter to our attention. My best wishes.
CordialIy,

Crrrt'gb\46
Carol Shubinski

Iraw Fellow

Senator PauI

Si-mon

\_

EXHIBIT

Titles of Nobility Arnendment

\r.-

,
\\-

LIST OF STATES AI{D/OR TERRITORIES,


WITH THE YEARS SHOWING
ARTICLE XIII (TITLES OF NOBILITY Ar\4EI{DMENT)
AS MTTFIED
As of ldarch 15, 1995

Colorado 1861, t862, 1864, 1865, 1g66, 1967, 1868


Connecticut 1821, lg}4, 1835, 1839
Dakota
1862, 1863, lg67
Florida
1823, 1t25, l83B
Georgia
1819, 1822, 1835, 1837, 1846
Illinois
1822, lgZ?, 1833, 1839
lndiana
1924, lE3l, 1838
Iowa
1838, 1839, IU2, 1843
Kansas
1855, 1861, 1862, 1868
Kentucky lgZz
Louisiana 1825, 1828, 1838
lvlaine
1825, I 831
Massachusetts 1823
Michigen 1t27, 1833
Mississippi 1824, 1839
Missouri 1825, 1835, 1840, 1841, lB45
Nebraska 1855, 1856, 1857, 1858, 1859, 1860, 1861, 1852, 1873
(date unknown)
New York

North Carolina 1819, 1828


Northwestem

Territories

Ohio
Rhode Island
Virginia
Wyoming

Pennsylvania

1833

1819, 1824, lt3l, 1833,


1818, 1824, l83l

1841

1822

l8l9
1870,

Laws of the United Starcs of

1876

America l8l5

This represents 25 States, or tenitories, with 77 publications which demonsrate the common
-acknowledgment of ratification. This list is not inclusive of all publications, only those that
we have been abls to research, to date.

l.-

EXHIBIT
Pagc

I of2Prgcs

n-at

Titles of Nobility Amendment


LIST OF OTHER PUBLICATIONS
-_.
wHIcH DEMONSTRATE THE RATTFTCATION OF

i
iu_

ARTTCLE )AII (TITLES OF NOBTLITY AI,IENDMENT)

JUSTICE OF TI{E PEACE, by Henry Potter, Federal Judge in North Carolina for over
56 years.

2.

TF{E RIGHTS OF AN AMERICAN CITIZEN, by Benjamin L.

3.

A HISTORY OF THE UNffED STATES, by John Frost, LL.D., 1837

4.

A HISTORY OF THE UNTTED STATES (NEW EDTTION, WITH ADDTTIONS AND


CORRECTIONS),by John Frost, LL.D., 1837

5.
6.
7.

Oliver,1832

THE AMERICAN POLITICIAN, by M. Sears, 1842


THE POLITICAL TEXT BOOK, by Edward Cunier, 1842

LI\ES

OF THE TIEROES OF THE AMERICAN REVOLLTTION, by John Frost, LL.D.,

l 848

t\

8.
9.

THE TRUE REPI"IBLICA}{, by Jonathan French, 1849

10.

THE TREASURY OF HISTORY; BEING A HISTORY OF THE WORLD, by Henry

A HISTORY OF THE UNITED STATES, by John Frost, LL.D., 1E49

Bill,
I

1.

I E50

ECHOES FROM THE CABINET, by Deyton & Wentwonh, 1855

12. TI{E STATE REGISTER (LOUISIANA),


13.

by A. W. Bell, 1855

CONSTITUTION OF THE UMTED STATES, by C. A. Cummings (undated)

EXHIBIT
I

Page2 of 2 Pages

Titles of Nobility Amendment


DEFINITIONS

From: Noah Webster

1828

Bouviet's l-aw Dictionary 1848


Black's Law Dictionary l89l
Note: Becarse they are so similar, the definitions have been consolidated.

"Enolument": - One wtro gains profit or advantage.


"Foreigu Power": . "Powern - a sovereign state; a controlling group; possession or control;
authority or influence, political or otherwise.
"Honourn: - One having dominion, advantage or privilege over another,

"Nobility": - Exalted rank - high social position

"Title of Nobility":

- Ar1 order of men, in several countries, to whom special privileges are

granted.

"privilcges": - To grant some particular right or exemption.


From a court casc, in Horst v. Moses, 4t Ala. 123,142 (1872), which gave the following
dcscription of "Tittes of Nobility":
"lo confer a title of nobility, is lo nomirute ta an order ofpersorc to whom privileges are
granted at the expense of the rest af the people. It is not necessarily heredity, and the
objection to it arises more from the privileges supposed to be artached, tlnn to the othenvise
empty title or order, These components are forbidden separately in the term 'privilege',
'horn/, and 'emolwnents', os tley are collectively in the term Title of nobility'. the
prohibition is not afecteel by any coruideration paid or renderedfor the grant."

\-

rituat observances involved in wonhip ol or communication with, the supernatural


or its symbolic represenutions. A cult includes the totality of ideas, activities, and practiccs
associated with a given divinity or social group. It includes not only ritual activities but also
the beliefs and myths centering on the rites. The objects ofthe cult are often thing;s
associated with the daily life of the celebrants. The English scholar Jane Harrison pointed out
thc importance of the cult in the development of religion Sacred penons may have their own
cults. The cult may bc associated with a single person, place, or object or may have rnuch
broader associations. There may be officials entrusted with the rites, or anyone wtro bclongs
mty b allowed to take part in them. -The New Columbia Encyclopedia,1975.

cult

EXHIBIT

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D-26
Prges

Titles of Nobility Amendment

Of course, any similarity between cults and courts is purely coincidenal. The lawyers,
today, before the ones wearing black robes - "lf it please the court, ...May I approach tbe
bench? ... May I have a word with my client?... l"Iaylgo to the bathroom?' Read the final
sentence in the government authorized under the Con*itution which prohibited from
engagrng in cult-like practices; and, the titles of nobility amendment was the enforcing clause.
Here are some brief thoughts on the possible meanings today:

l-

We have a govemmental system that was set up with three separate and distinct
branches (Executive, Legislative & Judicial), known as separation of powen within a
Republic Form of Government (Afi. fV, Sec. 4, Constitution). This was to insure that each
brsnch provided a check and balance against the other branches. It is clear, theq that, since
all tbree branches are controlled by attorneys,lawyers, esquires, (of which 90o/o,ot more, are
members of the ABA) which means this one goup creates the laws, implements the laws,
adjudicates the laws, sometimes putting themselves above the laws and profit from those
laws: that this makes thcm people with privileges, immunities, and emoluments above others.
Assuming you say yes, that would mean they have taken on a title of nobility or honor and
have, therefore, lost their sitizenship status. They cnnnot hold any offrce of profit or trust
un&r them or either of them.
2- The Federal Reserve Bank (when it was created on December24,19l3) was, and is,
unconstitutional (as was the Bank of the United States I &2 inthe late 1700's and early
1800's) because of the special privilege created for it. Wouldn't titles of nobility be created
when a few people, and not Congress, as rnandatcd in the United Starcs Constitution
(Congess has no authority to delegate that power auay), decides what the interest rate will
be, and creatc money out of thin air? When the Federal Reserve Bank was created, congress
was filled with people having titles of nobility or honor.

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D-AL

Affidavit
f, Brian H. March, hereby deposes and states the following facts, that:
1. That f have, along with David Dodge and Thomas Dunn, extended rn?ny
hours of research in the matter of the ratification of the Titles of Nobility
Amendment to the Constitution of the United States of America;
2. I have purchased from the National Archives, Washin$on, D.C., United
States of A.merica, the entire microfilm of the domestic journals of the
Secretary of State for the period of 1787 thru 1'822.
3. This record eontains 4ll known official domestic correspondence by the
Secretar5r of State for the period indicated.
4. f have read each and every letter in this record.
5. In that record there is NO circular, letter or arry ynarlner of correspondence
which states, or even suggests, that the Titles of Nobility Amendrnent was
never ratified.
6. That I have searched the records of the Congress for the period 1815 thru
1850 and can find no circular, letter or any manner of correspondence that
states that the Titles of Nobility Anendment was never ratified,
7. That I, or others under my snpervision, have reviewed the entire offrcial
correspondence of the Presidents of the United States for the period of 1810
thru 1.850, and can find no circular, letter or any manner of eorrespondence
that states that the Titles of Nobility Amendment was not ratified.
8. That I have been told by officials of the US govern'nent that publications of
the Titles of Nobility Amendment, the Tlue Thirteenth Amendment to the
Constitution, were published in error during the early part of the nineteenth
century, and that they are unable to produee arry document that states that
the Titles of Nobility Anendment was never ratified.
qgrd
I, Brian H. March, certifr that the above statements and faet5 are true nl
y'
correet, to the best of my belief and Lnowledge, on this / 2 a^V of
'/
the year of our Lord, Nineteen hundred and ninety-five,
CERTTFIED CORRECT

clo

Court, N.W.
Albuquerqlre, New Mexico

4845 Los Serranos

Witnesseth:

)t""'-r );t*
dated:

Titles of Nobility Amendment

VII.

For Your Consideration...

A few quotes from history may, welt, help balance your thoughts on thc issues presented
herein, urd provide an appropriate conclusion, thereto
nour rulers will become
comtpt, ow people careless... the timeforfaing every
essential right on a legalbasis is while our rulers are honest, and ourselves united,
h'rom the conclusion af this war we shall be going downhill. It wtll not then be necessary
to resort every moment to the people for support. ThEt will be forgotten therefore, and
their rights disregarded. They will fiirget themselves, but in the sole faculty of making
money, and will never thir* of uniting to efect a due respectfor their rights. The
slacktes, therefore, which shall not be btocked of at the conclusion of this war, will
remain on us long will be nwde heavier and heavier, tmtil our rights shall rqive or
erpire in a convulsion
Thomm Jefferuon, on commontr ln noter on thc State of Virginla,
Qucry 17,p.161,1794.

-- "ll is important, Iikewi.te, that the habits of thinking, in afree country, should inspire
caution, in those entrusted with its administation, to confine thentselves within their
respective constitutional spheres; avoiding, in the qercise af the powers of one
department, to encroach upon another. The spirit of encroachnent tends to coruolidate
the ptwers of all lhe departments in one, and thus to create. wlatever tlteform of
government, a real despotism, A jtut estimate of thot love cf power, and proneness to
abuse it, which predomirutes in the hurun heart, is suficient to satisfy us of the truth of
this position The necessity of reciprocal checks in the exercise of political power, by
dniding and dislributing it into dffirent depositories, and cotletituting eqch the guardian
of the public weal ugairct the invasions of the other, has been evinced by experiments,
ancient and modern; some of them in ow cauntry, and under our own qes. To presene
them mwt he as necessary as to irutitute them. IJI in the opinion of the people, the
distrihution or modification of the atnstitutional powers be, in any particular, wrong, let
it be canected in the wty which the Canstitution designates. But let there be no change
by usttrpation;for though this, in one instance, mcy be the irctntment of good" it is the
cuttomary wearyn by whichfree governmenls are destroyed, The precedent must alwrys
greutly overhalance, in permanent 6,i1, any partial or transienl benefit which the use can
ctt any time

yield'

'-Groqp lryarhlnoton,ln hir

rrnmll

rdd-rccr

-.g!s. F"F,ntilh'

"{f a natian erpgcts to 6e tgnorant andfree... it espects wha* naw wu.altd Wiuer fiIil ':
be:'
ThtiltS4frftryog,r*

I riin mogrRdip*drlly yours,'&c.

fr.;r;,*L H
Brisn

I{

March

%**,L

TA GIFTI
THE REST OF THE STOBY

If there Ls a etal-n on the record of our forefathclrGr, a dark hour


in the earliegt hietory of the Arerl-can sol"onieg, l.t rould be the
hanging of the so-sall.ed 'ritcheer at Salen.
But that raa a pinpoLnt in pJ.ace and tire --- a brief lapee of
hysterLa. For the rost part, our seventeenth-century solonietE rclrct
scrupul-ouely faLr, evcln in fear.
There reEi onc! group of people they feared rl.th reiason --- a
soci.ety, you nlght eay, rhose often Lnsl-dl,ous craft had claLned a
nultl-tude of victl-ne, evctr elnce the lll"ddle Agee l-n Europe.
One group of people rGrre hated and feared fror llaseachugetts to
Virginia.
The nagistrates uoul.d not burn thel at the etake, although
surel-y a great rany of ther uGrrG! baffled by then.
In the firet place, rhere did they cone fror? Of all. uho gal.led
fron England to Plynouth in L62O, not one of those tro-legged vernin
vas aboard. rVernin. r That'e uhat the coloniete cal.led thet.
Paraeiteg vho fed on hunan nLeery, spreadLng eorrou and confuel.on
vherever they uent. tDestructiver t they uere cal.Ied.
And stlll
they uctrct peruLtted coexJ"etence rlth the coloniste.
For
a vhlle, anyuay. Of couree, there uere eolonial laue prohl-bl.tl.ng the
practlce of their tnfarous craft.
Sonehou a uay uae aluaye found
around thoee lare.
In I54l' ltageachueettg Bay colony took a novel approach to the
probler. The governors atterpted to gtarve thoee rdevLJ.er out of
exLetence through econorlc exclusion. They rerc! denLed uages, and
thereby l.t uae hoped that they uould perieh.
Four yesrs later, Virginia follored the exarple of llaseachusettg
Bay' and for a rhLle Lt geered that the dLlerre had been regolved.
It had not- Sorehor, the parasitee ranaged to eurvl-ve, and the
nclrG! nearnesa of ther rade the col-onl'sts' skLn crar.]..
In 1654 in YLrgLnLa the fLnal golutLon: BsnLshnent. Exl-I.e. The
rtreacherous onesr rere cast out of the colony.
At last, after
decadee of endurLng the peychologl.cal gloor, the gun cere out and the
bLrds sang snd aI-I. ras right ul-th the yorl-d. And the el.stLon
continued for a generatLon.
I'n not sure rhy the VLrgLniane eventually alloued the outsaets to
return, but they did- In 1680, after trenty-tuo yesrs, the despised
ones rere readrLtted to the colony on the sondLtion they be subJected
to etrictegt eurveillance.
Hor eoon ue forget!
For Lndeed, over the next half-century or so, the Lrposed
restrl-ctLong uGrre slorly, quLetty srept arey. And those rhoge
treachery had been feared eince the lliddl.e Ages ultLrately took thel-r
place Ln eocLety.
You see, the rverll-nr that oncc! infegted colonl'al Arerica, the
paraeLteg rho preyed on the rl.gfortune of their neLghbors unti.l
finally they tere offLcLsl.ly banLehed fror YLrgLnia, those dreaded,
(fron PauJdespLsed, outcast lastere of confugLon rGrrc! Iaryers.
Harvey's THE REST OF THE STORY'

Olr

Ageless Coruci&.don

Declaration Of Independence
ln

Tlv urvnimous

Congress, July

Dechrarion of the thineen united States

4, 1776.

of Amrlica,

When in thc Course of human c\rcnr it bccomes neccssary for onc people to disrclve the political ban& wi.ich have connccted them rrith anothcr, and
tL which thc lass of Naturc and of Naturcs God entitlc them, a dccent rcspect
iq*t
.;nh, ih;G;;.
it. p;;;a;ii.
'Jii6n
""i ifr. i""*r
we hold thcse rnrths to bc sclf<vident'
"ouri ".o"e
impct thcm to 1l1c Sparation.
,hai;i.6
il ,T.-op
-j-11gy
"lo,irEr;;.lkt;J*i;tr;
with ceniin unalicnable Riehts. that among thcsc
Ci"to' 'trich
I-f.' Libcro gd the. pursurt
oi thc govemed, Thet whenerrcr
Mcn. dcriving their lust ponrcrs fop the consent "T
ri" i"i
,*url ,ho;;ih;;,
oi H"ppirrcr.. Th.,
"rotrg
iiet", of tlic Pcopli- to altcr oi to .abolish it, and ro insritute nan' Govemment. laving
;;i;:-ii
a[5il;i";
" tor'nl p- th9r1 sfrall sccm most likcly
"i i.r-e"*irr i" tu.h
ro effect thcu. Safetv and Happincss. Prudcrrcc
thet
i.iJ
;;; b.;h;e.a roi tiitt. ""a rransicnt carscsi and accordinglv all cxpcricnci hath -shorvn,
i"a."r-. *iift.3.i.
ioiig-t'i tt'.mtlues by abolishins rhc forms.to wtrich th:r art rccustomcd- But whcn
i",i[i.a
ii;p"*d
,"-o OUi.i, evinccs a dcsign to rcducle tl-rqm undcr abdute Dcspotrsm, it-is. chcir risht. ir
h*;cu"'drioJ ih." r'turc sccurii.
;' ;l;it
,. ,t-'*' .r
fuch has becn the paticnt suffenncc of thcsc Colonics:
The history of rhc presctr King of Grcat Briain is a historv
.hi ni.."tin *frictt ."nrrrii*ltriit Aiii ii.it for.* Sv.,..r
;;a
an absolute Ty-nnny o"cr.ihesc Scites. To qryv9 this, lct-hcts be submined
all havins in dir..t o[ii"ii-h.;-ri;tfufi;.; of"iGo"c*ment.
Hc hes forbiddcn his Gorrcmor
and neccssary'for the
d.
hii."r..'."i
io
-bc
obraincd; and when so suspcndcd, he has
in th"it up.ration tiit t iJ Arscnt should
;; "l.nJiU ri ;m"di"t. and pr.rs;g ;mportan;;, ;les.
Hc
G*r frlr rhe accommodation of laryc disrricts of pcoplc. unlcss.thosc,peoplc wuuld
..etai.d
He has called togethcr.lcgislativc
aJ formidablc q rrraoi only.
gfi
in the Legislarure. iigt,'i..tiirn.ut. ,o ,t
public Rcconis, for thc solc purposc of fatiguing them jnto compliance w!1h
from" ,h-. J.p".fu; of their "*
hdie-s ar places "unusual. l"ir.fo*Uti,
He
""d
r"i ipp.riru *ith manlrjfirm-ness his invisions on tlic rrsha of the people.
Hl t-il
f.t
aiUr.,t""r,,o
W1tt. gtllatirrc porctl incapablc ofAnnihilation, have ntumcd
He
""uJ.
all thc daqcrs-o{ inrasioir frron ryithout, and con"ulsrons within.
S;;-;;t;urs-t"
lJln. n"di .i "Lrgi 6r_-it &
p.prt"ti"" .f tttii. Sritoi tit;ih;i prrrpd ;bsmrcting thc G*s for Naturalization of Forcigncsl nising to pass othes ro
[*-."a..G"*J6Hl har obrmrcrcd ttic Mmrnistntion of Justice.
,t"
.{;;priations oi L"'d'.
rnifii.n.
HJ'haimade Judgcs dependenr on his Will alonc fo-r-thc tcnurc of thcir officcs, and
rcfusinciis Asscnt"to Laws for es6blishing Jidician
ii.'ia.-.r".t.d a muititudc of Ni* bffii"l, and sent blther swarms of officers to harass our.peoplc, and
--Hc hes affected
*, 1" ,-i.* .i#i.,Sta"Jing Armies wiihout the C-onscnt of out lcgislatures.
iri o*-,rr.tti"U,i,";a.. Fi. ti"r-["p,
He [as combincd with others_to subjcct rs to a iuridictiorr forcign to our con'
idiiuw i"dcp."dcni of -J'rupiirii. iir" Cirii
For quanering lar8e bodics.of armcd noops among
stiturion, and
unacknowledied h our launl giving his Assent rc ih"it A.tr of prctended legislation:
' --r"'-p.i*,-i.g-,-f,...
For
M;J.; ;htct'itrcv rt'ouU commit on thc Inhebitants of thcsc Sratcs,
[r' i .oc[ ?rial.?om
"tl---- off
Fordcprivins us in T"Jv:T,q'of the benciirs
cu"ine
For abolishlng the-hcc System of Eqlish.l-arn in a nc-rs.!1
Scas o
b.J.r.y,---bouring Provincc. establishing thercin'an Arbirrary govcmmcnt, and inlarying rts Boundaries so as to rcnder. it.at once an, larlnle,an$ {it in*rumcnl tot
it"totri"g o* most raluable l-ars and dtedng frrndamctrtallv thc Fom'.
introdrirnc thc sarnc rh"l"," irL
He
-*'-'-r-.u-.tainc our o*,n rrcglatut
*i,t ptt t to legislac for u in all casg whaaocvtr'
our scas, araged our C.oasts, bumt
w;;
has abdicarcd G*.rr,,n*. lr.-,.,
- Hc has-plundered
of forcign Merccnrries to compleat thc norl(s of dcath.
ifrit lmc riztiponini larg.
H.
,h. lirrcs of our peoplc.
6.[
H."d
"-.i & p.{'i}, .l"t av" p"riit"tJ itt thc mori b"rb"p*
and tdrallv unuonhv
o] C-"lt;
i.toi.ti*,vtl-i"v,
their C-ounry, to bc.comc thc crecu'
"i.rj
"r;iiav
oi ,hl tiigt, Seas to bear Arms against "Fi,
,,",ion.
of a civili:cd
Hc har cxcited domcstic insunectioru |mqnpl ur' and hils cndcavourlcl
and Btcthrcn, or ro hll rhemsclvcs by rhcir Handr.
tioncts of rherr fricn&
-i"-h;b;;;r
ir an undistinguirhcd, dcsmrction of .all agcs, scxcs
or
,1r;ilq|b"*s.r,-ryhgr._ t nrr"
have bccn-ensnatd
it . tn*i t u.ulc rerms:
a;;
In .rcry r.g; ;f ,hlc opp*iti.* w.
*J
fp."td Petitiors
Nor
fuee pcople
only bv rcpeated iniury. A Pr,n.., Jhosc charactli is rhqs marked h evcry act whrch may define a Tvrant, is unfit to bc the ruler of a qtend
il;';i.;;;,it".;f-*tcmpts h their legslature.to
to our Bdtrsh
"i rcmindcd thern of thc circumstances of our emigration and scrtlcment hcre. Wc haveappcalcd to thcir native iEtice and magnanlmltyr
iurrsdiction orer us. Wi have
incvitablv tntetruPt our conncctioru and cor'
,i* J
h
-'hich '-uta
thelcccssitv, :.!!h 9.t
ir,.
i?l,,iii;.
ilii"
wi-'nl',, it'iir.-g, acquicsce in the
Rcprtsentattto,9 tht oltP
thcreforq
hold the rcst of mankind, Enemies in War, in Peacc
rion, and hold thcm, as
'rc
the Namc' and Dy Asthorrry
^"_:P_g
A;*bhd, rppo"titrg io rhc Suprcmc Judgc.of rhc uorld for the rcctitudc of our interrrions, do,beinFrcc
ilG.;;i'C""sr*t,
end lndcacrdcntStrc*
ofRight oyelrt 1o
of the pood hoolc of these Colonics. solemnlv oublish ar.J Jjar.. lii"ith... U"iJC"tJ"io
bcrnccn.thcm and the Statc ot urc:et ttntEn' ls anq ougnr
that rh-cy arc A8solvcd ftom all Allcgiancc ro ihc British Croum, and rhat all pohtical conncstion".,-""a
;; t..t vtar,cenpluS Pcacc, contn-ct Allianc*_"-':!lt*
;J-,ilJ
io,ao
otlto f'ci i"d Thir,gp *hi.h lndepcndcnt Srates may of righr do. And for thc supponof this Declaration' with a tirm rtliance on rhc Protcctlon
""adivine "it
of
Providcnce, r.re mutualli plcdgc to each other our Lives, ouiFonune. and our sacrcd Honor.

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;;Uftiilii'J"J;

;'ff;J1;iififfi,-il;:

Roger Sherman
Sam'el Huntington

Wm. Villiams
Oliver Volcott

Tho. MXcan

(Ncs Hanpshire)

(Gcorg!a')

Josiah Banlen

Button Gwinnctt
Lvman Hall

Wm. Whipplc
Manhen, Thomrcn

Gco. Walton

(Nes'Jmcr)
Richd. StocLton
Jno Vitheng,oon
Fns. Hopkinvrn
John Han
Abra. Clark

(Maqland)
Samuel Chasc

Wm.

j
t

ir;

z0

(Massachracns)

Geo. Read

Cacsar Rodney

Thos. Stonc
Charlcs Carroll of
Carrollton
Saml. Adams
John Adams
Robt. Trcat hine
Elbridge Gerry

(Dehwatc)

Paca

$.

9t

"i,"lyryEll:
-

..i:f

;lffii;;; i"'iilffi

John Hancocl

(Coarcctiu)

TI:ga

-?:TS:

(Nau

YorL)

Vm. Flord
Phil. Livingston
Frans. lcr,ris

lc*ris Monis
(Nonh Coolftra)
Wm. Hoopcr
Joscph Hovcs
John Penn
(Pennsylvcnia)

Robt. Morris
Benjamin Rush
Benia. Franltlin
John Monon
Geo. Clymcr
Jas. Smith
Geo. 'Iiylor

James

Geo.

Vilson

Ross

1.P.lrle Islald,)
Step. Hopkins
William Ellery

(Sod[ Camfina)
Eduard Rutledge
Thos. Hcyuand, Junt
Thomas Lynch, Junr.

Anhur Middleton
(!/irsinia)

George Vythe

Richard Hcnry Lcc

Th. Jefferrcn

Benja. Hanircn
Thos. Nclson, jr.
Fencis Lighfoot [.

Caner Bnxton

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