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 1. H. 111. IV. Description (# of pages) INTRODUCTION (2 page) ARTICLE XIII (1 page) AFFIDAVIT of authenticity of recordable documents (2 pages) 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. VII. DISCUSSION DOCUMENTS 27 documents (64 pages) 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:
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; That said Amendment was ratified and recognized as the Thirteenth Amendnrent to the Constitution of the United States of Ameriea for over 56 years;
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:

1.

2.

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

Affidavit of Brien ilarch

Pagn

ofZ Prgct

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
same.

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

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

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.

7.

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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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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ltrorlroe

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Report Book, Volume

3, pages 14, 15.

The Presid.ent

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Department The secretary

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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.
a.

That

EXHIBIT Yn-G

2That it frrrther appears, by authentic documents, also

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.

on file,

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Itressages and. Papers of the Presldents, 1?89-L89?r Rlcbardson, Volurne II, pafe 29.

by Janes :

D.

February 27, 1818.

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To the House

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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.
JAUES
MOI'TROE.

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THE LIBRARY OF CONGRESS

WASIIINGTON, D.C. 205{0
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OFFICE OF THE I"AW LIBRARIAN

FAX

oFFICE (202) 707-5065

(202)707-t8?o

September 30, 1993

To:

Brihn Il. March David M. 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 . 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

KFN 7920.P69 1929. "

I hope this ls of help to you all, truth, in our past.

ln your quesr ro ftnd the

ah,-,a2. Buruey Thonas D.

EXHIBIT B-I
Rare Law Eook LLbrarian
Law Library

incerely,

Washiugtonr DC

Ll.brary of

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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

(:rtx!a'E"nl.

foor fn"ehnlrlerr sulrjeet lo ruch lovrr to rwrnl t nVonod?ar to tlre onlcr of corrrt rvhcreby ruch levy wrr loid.-if. uporr rhc inlpectiorr of :r copy of ruclr onler. it rhrll lppeir thit the hrrT 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 bc crrtilied intu (lre firperior court of taw traving jrrrixlici,un '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 -the shall br latrful for 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
tlrr:reol.

An rct,

rcp

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

Femeil

Decctr

l{eck.

tceu liunrlrirl

Aqrce
.

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

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

)K-+
Od..a

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

or thc

rr*

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

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

rr.r,r. theretoTI q11-',i.or 'fticloratirrn of riglrts mrdc bv tlre repreicnlativer of tlre good lrl'l..t

,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: arrhr 'Ftrc constitutiorr of tlrc tliircd Slutcr, lnd thc irnenrlrncntr cai*rire

thir

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

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. of cr-i'rln rr rrh _'Ilre conrtitution or lbrm - government^agreerl.tor and rcrolv.-; $ttr. to r'irs*l ad upon, by the rlrlegrtcr a.nrl.r-prercntativiJof thc reveral cooo.': Lil' r onrl ' ttrt ,'...1 'rri.-^-ri^-l ^r vlfBtntt. .t corponrtlons ol. Vi-i-il t prertnt mrgirtnte! rnd ollicrn toi An onlinince, !. enrblc tlie Atr tlie-prertnt mrgir_tnte! ',r_- onlininctr to rl.Jo,h., t.il .J-olhrelrrr&.r .L r ...jurticcl , ,. t2 ^ir. ^ ^r and for rcttling the pnc. i ;;;Ub..--- ctxrlinue the rdrninirtration of ttrude rrf prnt'cerlincr.in er:ruinrl rorl othcr c!rc& ttill thei ral 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:,

'dl

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

seventecn hunr

mcnt. Pura

' r'r&-

'

An rct, fot tsccn tlrir Str:

bv

'

clrtrio com p'u.pour. Pr

hoodred.

d. Pcc4obert

Arr rctt cosc

,

Evh;b;* "o-

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

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r ilj 9t''.1 l:)'.lj'.1:' )(jo.:: I -iiiti r)il

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iroierc:tbe.i,lie urtitr', in'.,lrici, i!:e -cr?!':ll lii;;.i 311;i1i,l*:aqbii"ired ! :il,r" ccie. clr?ruil.I ci:rs:iur ll:r::r acc-oruin? to thlil' rubjec! I '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[ com;F i,a:': ir':du: lo i:1,: "f i:rric co'.ic: a::ri l:e :iruii C:s:,c lle rroof 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-,,. o,' ;r:s:'e cic:'iii'or' :tssi:;,rr,rs. ,r, i.,.1 ;,, ihe iii:tiriir.;,; ,rt *e r.cris: i.i6 ,.,ira 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 ilr:,::r:,,':s a;;;:.p.rl.i.-:.::d ic d,esu'jiicl;',lc oi' iilc .iilfEffi, 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 ; /
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coaii:c!'#.ih ;lre lir'.Xl-**uu" ..'jsaid'iiiomasiiic[ie,l.ccthet[eiice:Y..'itFe.seicti3lti:ous;,nd. ..;..cc.pies oi tue ccde athresairi.'r.t iile iirir::s. aot,i'oc ihe prics ai'ore.: it"t:aic.-1T'leg'.he:eid copis ii::i[ be rece.iviil, is shii[ bq .i.\e Eccttrc.copia;bril Edistnbu:'tr' ::.::ciary'of .rhe E.ecc-iiuaio'rer:li:r ierrccies :;eieui.; ia.il:ec0!ncil
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.' 3e .it ilze.t.jo:z.funltr encclci. Th::t ile isecu:ire :i:lii ! i

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

be

Dcty

er:i:: i::sur

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
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s: 33'J Or3se:i:

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. gaCI 0i-ine Ju.U933.ot Lte coult locses. reSDqC::"elT i-'iOC Co.Pi ;-tocs85. resuqc::relT i-'ioc 6se't io eacr oi-ihe judge:.oithe coure , 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- ., . lerr-erc:r tbr cire'use oe'.hG depa:::ne::!: cee coi:r. io ihe prlsi-. !. 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- '

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

Fay
I I

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
e.zamined, anl,

fot

of tla La.,e 0J llis Conmuwcalth,

?rrJully 'Iu tslle of

(v:tlh tlu eaptwn ol tla cnon, udtl, in mqtnr) I"frd tlwn concctlg ymilcd.
t.rvgi',

B. W. LEILE.
Riclmond, I8 t9.

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

S,

-3' line 10, foq itv,trrilrc 4 rcef-prcaaa-to dc & 61r-lrrt word, 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.

69,

J1

linc 7, bcfore vord 6c, read,ltn rcnudgrbcof, lirre 9, f_or of tlufea, rerd d aVtttfu.

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

EXHIBIT

B-;

..'1'.

@bl'frsbf$eii
o' Itt

@obs

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
1

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.

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PRrlrrED Bt. TtlolrAg nfrclllE, tltfEr aro tlrt cortottl^Lil.

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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-:-Lraerd- llexico, of legal age and of AJ.buquerque, Neu - --- --, sound mind, do solemrrly svear,/af f irm the f olloving:
Article
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

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:

***. !-L?Is

ldltnessed:
Witnessed:

Dete: Date:

*/z=

(\-

EXHIBIT c- \

TEE

REYISED STATIITES

COLORAD
,I.s PIIiSED TA TEE

O:

SEYENTH SESSION 0F TrrE LEGISITTIYE

tSSEltBty,
1867.

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

atso,

TaD

ACTS OF A PUBLIC NATURE PISSED

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

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.

c- n EXHIBIT

POBLISEED 8Y AVTEON TY,

.
P8IIITD BI

CENTBAL CITY:
DAYTD C.

COIIIB8 TT TEB 1868.

BSOIETEB OT'ICE.

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,

have horeunto set my hand and

EXHIBIT c - 3

[t.

s.]

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.

TABIE

OT' CO}{TENTS.

EXHIBIT < -.f

ln
D(.

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.
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
tng and, othor ComDanta to becomc Boiller Cbtlonro. anil tbo soyeral act! sDDal8tory the!sto,..... ... .....-........'..... UF An aotcatroIlhgCoqaryAoud4. .............. L0

Ar art coucemlng !ports of IoFltorlsl Odcers, ............. It x. BILLS OF nYCE.INGE llrD PBOUISSOBY 1rOT89,............... E{ XL ...................... S . YTT. BUTCrFEgr... caPrTAti-.... ...................... m

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

oct to coBDel thc Keencrs of ABctlon gtaDds 8Dd Co![. Disslon Stableg or gta[ds, to tssop a record of tholr pro. ceeallrgrL.......

...... n

.vlT

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

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

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

Cousty5is-ia

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

\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.

rhall theu be counted

: the'person

having the greatest number

EXHIBIT

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,

?8

AIffND}fENlS TO TEE

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.
cf lbo lhlrd qr.r UtlG rl th! rccoDd

[trot!.-TbaUthrrltcboltbctE.ldn
3

l.sllo! ol lha clcvtBtb

th. l2tb .rttct.. rl thr

Dlrt thccoutlluliorrr.proDo..drlth.locold!.slo!, iEt !illol o( th. cisbth olaitct! i std t!. l3ll rr' co!8xcs. l

EXHIBIT

(-6

\--

," ,io.... r+.

: i:t+: -' .: ,

_,

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

,;o$gf.;_..

'soti

TITE

:{ ,l .;

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
'

.
lt

AIPTTED AID E$ACTED BY TEE .

I
4':

GEINERAL ASSEMBLY
'la'

:.

't.
i '.? .

..'...1

AT TEEIB FNFTEEITE

SESSION.

EXHIBIT C-7

,l

.1..

E
'.;

i-br
i.:
'

-t
'{r"

Y1

d't
.F
+
,.a

4
_a

cEssIoN oF N. W. TERBITORY.

(\*

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.

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

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
..,!1,

shall be incapable of holdiug any ofrce of trust or pro6t under tlem, or either of them.

d,

r,li t :, ll ,
'4l ,t,

'ff
tr
heamble,

ACT OF VIRGINIA.
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

,'
t

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

l.

IVnnnras the Congress of the United States did' by

EXHIBIT

&,',;
-J

Fi
:l .l

I ,' ,t *t ii
,

l,

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 si:cond dav of Jasuan'. il the vear one thousand seven huudred ii"ta to tire Consress of the United States, ""h the" bdnefit'o? the said Statesl all right. title, and for "i"Utt-*"". -c-laim, which the said Commonrvealtlr had to-the territory Norttranner'etl lVest of the river Ohio, subject to the conditions to the said act of session:

States in Congress asserF of the thirteenth of September last, bledn have, by their Act

3. And

whereas the

tlniteil

l':

il : '',, :,:
{l

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TIIE

RtrYISE.D STATUT'ES
oI. TIl!

STATE
ADOPTED

oF IrYDrAlrA, "..:
'. ')'
.
\:
.

:: .

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

TSEI&,

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

TERBITORY I.ND STATE OF INDTANA.

EXHIBIT c- q
a

lllltlctDt

colllLtD'

-^nD IGBLISAAD

lt

'^.i

AUTHORITY OF TI{E

GENERAL -ASSEMBLY.

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

1838.
Af ,

INDIANAPOLIS:

"i'

'

.it
.

CESSION OT'lY. }\T. TERRITORY.

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

l9

** -

...

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 the represeniatio{ from ^ . bF states,lor rliis purpose shall eacF slale hdving cme votei bonsist of a membir br mem: ..a quoruin . 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. .'- presentatives shall not c}bose'a Presidint, rvhenever the right of ehoice shall devolre upon them, beforb the fourth dav-of

otLhe Senate shall, in preeence.of gf 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

t!^e Senarei

-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-

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-

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

as

:
,t

of

Uuited Stgtes.

t'

'tin"*'"t
't

Ir-"ny cifrzes oi *,, li;ir.a.-s,","" strait-alcepi'claim,.'re-f1i'.ceyo.*.' . ": ' . ,ir retain.any tirlc 'rrPnobility or hoabr,.gt ih"ll, rittroot, rclrca'.tc . "ri"", 'i the consent dcongress, accept-and rofhin aly piesent, peirsion,
of uoy ti;ita wlratevei, ii6ra '. "t"-"Iume'nt ceise ti, Ue.i' Eing,'priuce, or brqign power, sucb person shall ""y "1.[-i, citiieri of the UoitedStites, ancl shall be incapable of holdiue -. . uFlst sll vr profit glrsEl or sllllEl of lgCUI.' ny.qffico ctf trust or yrvlt under them, Vl either Uf fiem. j'
.l

EXHIBIT <-

/o

't , '. r' t} .rr'i

., . . "t''

ltt

..

',

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

l'CT'OF'YIRq.I'NIA. -, - . _' '.

2Q

'i.t
io'rConyty fo
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 .: {frssro oecrllen 1

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,

L{
PUELIIEEID Bg IITTEOBITY.
&
+

t I

EXHIBIT <* / /

*:
;l
-!

SCHCOL CF LAIV

K$rvspsrt
RUssEtL & BEEVES; PRIilTE8,S.
1839.

DU BUQUE:

5-

(\_

i
I
i

lts i?<.; !.

a?

CENTII'ICATB.

t
!

I
I

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

o1

l.

ltl

EXHIBIT C,

/;L

/i'

TABLE OF CONTENTS.
DECLARATION OF INDEPENDENCE, CONSTITUTION OF THE UNITED STATES, oRDINANCE OF CONGnESS, r78?, ORGANIC LAW OF IO\YA, ABATEITENT,
AMENDMENTS AND JEOFAILS. AP- q:NTICES AND SERVANTS, 6!\ A[.'. RATORS AND REFEREES, lls I v ll9 !

94

3l

at

43 47

A'fY^dHMENTS,

t9

BAIL,

- -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, 8ONDS.

BOA'TSANDVESSELS,

BANKING ASSOCIATIONS, BTLLS OF EXCHANGE, BLACKS AND ITULATTOES,

. 6I . . O4 - 65 67 7o . . 7I - 7I 13 - i6 89 - tgt
t6O

52 59

EXHIBIT

c-/\,

: . . -

IM
l?B

. . .

t79 lg5

t802!ll8

tyt

n6 tfit - ..- t8i '

385

c* c'6 w; N1 nt.
.

t2t

217

.IMITATION OF ACTIONS,

tu . i'84.

d_E_r

{l[, , tILitJAltS, fILLS AND lllLLERS, UNOAS. OBPHANS. AND GUABDIANS, . , IE EXDAT AND INJUNCTIONS,. 'ARTITION,
.t .'.
I

\Ics,

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

&n' -: - Sb

.''.

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

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

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

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

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-

EXHIBIT

c-

/q

president:

tbe Uoited

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
S[ates.

quorum, for that purpose, shrll consist of

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.

THE

STATUTES
oF

THE
r

TERBTT0RY
, i
PASSED

0t KAI{SAS;
oNn rHousAND

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

l\

I hereby certis $at'the printiil

utcy of

ies of, ths, oricinal rolls on file Ra:rsas, with the exception

in this voluus aro. tnrc ' -acb' contained in the office of the Secretory of the Ter. *

of

eucb correctioa*

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

by the act entitleil ('Au

of

clerisal.

erott

EXHIBIT

c-/e

sAD{tIEt.r-

LOWE,. Soper{tzlendent.

Bsavrm Mr,xsrt

L^ason Scuool, I Ocloberrl9iil. ).

J.

t t

(*t?

2g

AIIEr\DltENTs

ro rHE coNsTITL:TIoN.

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

r,h,rrcLE vrrr.

The mumeration

to deny or disparage others retained by rhe pcople.

in the

."*#;fit.lit

right^s, shall nor be consrrued

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

-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.

ABTICLE XI.

ARTICLE XII.

- 1. The dent aud

t: t (
i

li :i' ti..r

tl
't

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

,l
,!.i

'.

i'

ii 'ii

I
t

EXHIBIT

c-t 7

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. 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 any froir emperor, kiug, prince, or foreign po\rer, such person s[,ell mase to be a cirizeu of

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 voies as --.2. President, if such number be a mnjoritv of the wholeYice President, shall be vice number of elecbors apof poinbed; 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

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,

ff

:I.RTICLE XTII.

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,

\-

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

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

EXHIBITCGIIE C-/

1.

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;

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

r .
OI

C"f

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

ryWrhr%::i;
TEA

StCIfc of Wfssoror0s
REVISED AND DIGESTED

Of tHE

GE lTE

AA.! A S SE ITIB I.T.

IN T'TO TOLUMES.

EXHIBIT
.dl
ea.4 O

c-l o

WITH AN APPENDIX.

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.

It
P ,

r 'I

@owtgoufs"
]LARATION OF INDEPENDENCE.
unntdmatrs d*claration
.4merica,
PAOE.

I
i i
.i

\-- fu

of the Thirte;n

Unired, Statcs

of

ARTICLES OF COr\FEDERATION, licles -lrticles of corrferleratiut and, perpetual u,tr,ionrbetacen ilu $aes of conferlerat_iut and. pe,etuar unionrbetacen flu slaes of ll'eu-Hamnshirp- Mn<srh,i.ori" n^", pt^i- nt--s ^- ;-;--^--l ;t cu- tlamps h tre, Jllas sat ht s etts Boy, Rhade- k land and, p roti_ (te nte P kmtatI i.o ns, Cqn n ecticw rle rtte f Latt ta aO, ts, VUn tleclt cw t, Niix york, A'2a:- Yo.k, ni tr'Ao-JerscU - 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 to the w16atau ev.roo 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,

EXHIBIT c -ao

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

@Let;tutiotu

ail three,

31

ORDINA.\CE,

{menrnunt, and, for tlv'admitrsion of nrch stak into tlw Union on an eqrnl foiting uith tfu staks- md to Inrohibil slaury in iertain territories, o "ii*it 35
state

antl

tlw pgople

of trIissouri

territory ro

forn

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,

.,

. rlmeadrnents to tbe constitution, .lqIFSIOi{ INTO THE UI{ION,

ST-{TE

eatitled.

CONSTITUTION,
condition,

&c.

;;
6l

,^

65

. \-

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

oo-

a certain

^ solemo

mission

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

proclamation by the president

of llissouri into the Union, dn . certiin condition. 6g of ttre UniiedT;"tuE***t ;o

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.

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

Birt no persr)n constituiionolly ineligible to the office to that of rice-presidert of

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

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.]

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

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

Eru!$trg oF cEsslonr

EXHIBIT C-2
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;"*

F \--

tentiarv of tire Urriieil Statcs, a:rd James illonroe. minister

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

cteniiurv and envoy eitraorrlinar;i o-f thc said statcs. -he qolernrrc:)t ot' the Frc:rclr reprrblic; and the first

tIc

to!l >wiirg articl:s:

THE
-t ts.

'

REVISED STATUTtrS
OF THE

sTATE OF MF$SOURr,
BEYISED AND DICESTED

B.r TEE EICBTTI CENERIL ASSE'dBLT

DURTNO TIIF:

oNE

THOUSAIID ETOHT rrUXOreo

altD TIIIRTT-FOUR, .iND O:fE

Tr{ousaND ErcHT EuNDRED AND TEIRTT-nVE,-

EXHIBIT
TOCaTlllt wltu

C'27,

TITE CONSTITUTIONS OF }ITSSOURT

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

j.

.'{

t'=
I

PET.TTED ASD PUBLISgED UNDERTTIE DrlEc-T

IO

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

POTf

PPOI:lTED BT TItE CEIiERAL fSEUBLT

?EAT PUBPOSE.

ratsre't,

ST. LOUIS. 'l -,rf

r? Ttr! it,iu.t
,', r . . . . . . . . - .'. .. I . .

t rt,a.,

I 835.

-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
'passed by the eiq[t]r general

if

Stare,

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

of the acts .-.

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

Oclpber

by.law.

.'-

'
-

l}th, 1835.

'i,f

EXHIBIT

C,23

l9

CONSTITUTION. OF

THE UNITED STATEIS..

.

ARTI CLE IX.

rights, - The enumeration in t}re constitution, of certain -?'---' sball aot be construcd deny or disparage orhers reraiaed by the p"opi".

lc

ARTICLE

X.

..,Th.. powers not detegated to the llnited states by the eonstitution, nor pro2 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 and ofthe {bt :l]id t'S as i'ice-president, rransmit number of vot'es ror "uJn, ori;illJt;'tht and certify, and 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. "f "oj-rt"r." tt;;il;';;i:iog',t5'gr"utest nur> l,I_"1::::.".i.the votes shalt then 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..!:.scnsas-president, rnose,vuteL[ lor 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-'^..:",:' ; unsLst ol-a pose shalll.e]=.31,11en"t1ti rnember or members from-rrvo thirds ; ", of tlie joritv.ol'all llre stures shall be necessary to a choice. a"j'ii'ifr"states, and a ma 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

l!:ll{"y

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

EXHIBIT <4

.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 prerideat, v' vrw'r ehdl b. eligrble to thit or ni"e-prertaeoi;? ,h"'t;i.d-s;;;--

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

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

Tl

CONSTITUTION OF THE UNITED

STATE$,

rg

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

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.

EXHIBIT

-26

BROWNV

ILLE,
1357.

N.

T.

IloBEnT lV. FTRNAS, TERRITORITTL PRII{TER.

CERTIFICATES.
OMAHA CITY, N. T., Maaca 30th,
1857.

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?.'

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

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

Printr for

JYebraska

Territory.''

EXHIBIT C- 27

.ls
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-

for as President,

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 necess.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
ARTICLE

United States.

IIII.
sithout

:r'r''|

\\'r.c'

EXHIBIT C- 2Y
Gt

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

.:.'msi.,D If any citizen of the United States shall accept, claim. re^shall,
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,
rhe consent of Congress, accept aud"retain ar:y present, pensicn,

'

[auln, Jnint ilerslntionr on] $lrnrurialr

PASSED AT

THE FIFTE
OF fEE

SESSION

TEGIS.LATIYE ASSEMBLY
OI'TEE

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

TOGETEEB WITE

TBX

OC|NSTITUTION

OI' THE UNIITD

STATES

AND TEE

ORGANIC LAW.
PTIEUSEED

EXHIBIT C-

o,

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'

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

\\_

'

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

distinct liets of all pe.soos voted for p."ila"ni,-"ni of all pereous voted foi ae vice president,", of ilu oo*U", an'd 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

personE vote-d Jbr as president, aud in distinct ballots Jhe persoo voted for a-s vice presideni; and tbey ehall make

tbe United States.

rorleitd'

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

EXI-flBlT

c-3

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. '

If

of

ARTICLE XIII.

\.-

./41, a >

QO,oa

-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

AND THE

sTlTfs.;

ORGANIC LAW.
PUBLISEID . BY AUTEOBITY.

EXHIBIT C- 3

'\

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

PRINTER.
1860.

16

orsrrsnox.
stotes a,

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

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

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

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'
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 perany citizen

and traogmit seiled to the scat'of qorneinment

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 arrd certif. sign

of

tl.

If

of

ARTI0LE XIII.

EXHIBIT

c-3

'eon

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., 1861,

MBER 2, A. D.,
TOG TEEE WTTE

EXHIBIT < -s1

TEE CONSTITIITION OF TEE IINTTED STATES,

A.I'D

lEE

ORGA}IIC LAW.
i.

PUBI.ISmD BY .I.UTEORIIL

IAYLOR & Mo()LURE, PIIfNTERS,

1862.

OMAEA CITY:

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 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

of the rvhole nnniber of electorg appoinled; and if

n-o

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.

The persoD having thc greatest number of votes as -vice-presideut, sh*ll be the vice-president, if such num-number ber 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

.i.

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 title of nobility or honor, or shall-of without 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
TiINCE EXACTED,

I\CLUDI\G TI{E ACTS P.TSSED AT TIIE ]II.iiTE TENIrI sEssloIis oF THE LEGISLATURE oF 18?3.

REVTSED STTTUTES

Of

1866,

^{trD TUE YIRrOL.S

SESSTOS LAIVS

.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;

EXHIBIT c- 3 6

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.

Eatereit, accordiDg to Act of Congrees,

GTIY

i[

the year 18i3'

bt

A.'BRO$T'
ofrce ofthe

ID

trult for the St8te ofNebraEb!, in the

Librlrial

ofCongreEs.

EXillBlT

c-it

ON TE I{T S.

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

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

PACE

t
32

15 3?

16

States.

49

68

CEAP.

1. o

3.

4. 5. 6.
l.

8.

9.

10. 11.

\--

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.
County agricultural

AonrssroN. Aonrcur.runt

.........

?l
?5

?i
80. ?9 77 89

.........94
..

91

.. 101 , .... . . 10E ,., 131 .. .... .. . 11? ........133 ..,..,.. 128 ..... 186 ...., 14P ....,.,,.140 .......... 154 .........
.... .. ,
152 159
1?1 175

99

EXHIBIT

L- s s

.....13O

....... .........

....1d0
209 166

... . .... .

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.

EXHIBIT

C-3

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.

AC"TS

gItACfBD, BEYISED ANI' qBDEEEIT'1!O. t |r -'^

OF ?EB

SEABE OF OEIO ,
i -.

EXHIBIT C-.,'
.r
'ti r

... <o
.

<.,.:

COhSTITUTION OF

i'
e

i: *

it'..

fienators;'and a*mlJorityrof the wbole iumber sirall bc necesr4r)- to a J"".tii"ifnarlylneligil,le to the otfice of Prisidert , ^"Jmi.* t$,'ltb"il be pligible t'o that of Vicelresideni oirhe United States.

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

-'d;i;;il;i""
77!. !:.

.#'t]'

';:,i;,

| ,.!.

If any ci tiien oiilc uoitra States shill accepl tlaim, reieive'or]etaia t tne ol Longresst any titli of nobility or honor, or sball. without'the consent of Cong or accept and retain'any present, pension, o{ficeg emolument of ao; kirrd 'fl",,oo
'-.fuall cease to be a-citizen '.6hall
lrolding any offic'ed Lrust

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

blpiofrt under
aba Unitca Statec abd Unitcd
them, or eitherpf

be incapable of ingapible

ihed.

;shtn

[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

e+s-G;;-

d.-

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

.nnj'
^ iP,

l3

Ca4re.s,.t

EXHIBIT

C-'] (

'ri

{. ;
,

I't''-,.

'('

fi

t.

,! I ..'o
.

eS.
fi

r':"
:

*r ?
jr

*.'1
l::
-19

' .l.t "i,.;.i 4 ,.t

,'t8.

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

EXHIBIT

c-17

REFENSffCES TO RIPORTS OF

'qDIOIA.&

DECISIOIrS,

BY JOH.N PURDON.

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

..

lL

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

BE

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,

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:

}I'CARTY

&,

DAI'IS,

A Dieest ofthe L:rrss ofPennsvlvenie. from the vetr one thousanil geven hundred, to the" thirtieth day of !{rrch, 'one thousand eight hundred and twenty-four. Tl-ith
:ome Referencesto Reportr ofJudicial Decisions. By Johu Purdon. conformity to the act of 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

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."

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

CIcrh of lhe Ea.tet'r Dittrict

D. CALDWBLI-

of Penwqkulnn,

EXHIBIT c- 1 3

+'

TABLE OF CONTENTS,
I

Constitution of the United States Constitution of Pennsylvania A list of Stafute Worils and phrases
r9

ACT,- f Assembly . tter.y

. c,-;rJf,llIS

TITLES.

Page

I
J

Education
Ejectment
Escheats

TITT.iS.

Page

'iure and Domestic ][a-

g)r
9/15

r05

4
I 10 6q
Jd

Elections Errors and Aoneals Estates tail

Arrest
Arson

'r iritration

ri?os

,AI
'

eo8

prentices

t4

S9

Assignees

Execurions Erecutors and Administrators

,f Fees

Evidence

'

25s
2!t5

n6
300

262

EXHIBIT

C-'/1,

Attachment Attornies Auctions

Baoks

Attorney General

\,/
53

54

to

Feme sole traders Fences

279 298 301

Bills

Barrators Bieamy
o? Exchanqe

oo oo
94

9l

68

Fire. Firing of Guns

Forcible Entry

Ferries Fines and Recognizances

soq

Burglrry

Board ofProoeriv Bonds and Pi.omissory Notes Bread and Flour

Forgery Fornicatioa and Bastardy

'8lo
313

306 309

s7

l0c

Gaming and Lotteries

Gaol Hebeas Corpus Horse racing Horse stealing

3t5
321

u5

Coogtable Cootempts of Court Cootrac'ts of Ddcedents Couvicts.(ImporteQ . uorporanonE C^"nty rates and levies \- .s Mortsases
"n6 Defalcation Dirorce
Dogs aad Sheeo r

ll|
fe6b
-td,z
128

w2
348

Huuting fncest

352
s53

fgg
f S-l

Indictment
Insolventsj
Iusorance

355
355 360 368

Doiver
Duelling

160 177 179 183

Intcrest

Drunkards

r88
190
199

Islauds
Joint tenancv
Jurlgments

IDtestates

s69

37t
s88 3gg.

'

**'i90

xvl

on$tirution of tle lilniteb Stateg.

(.\mendments.)

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".

H:It^:rl' tt

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

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. statcsfor their aiopliott

.lT\

folplcing article
us

rcas proposed

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

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 reEleventh Congress. Second Session. Novenrber

part'ofihe conitittttiin, utd

by

Congress to

tlu

seterai

has becn

ra-

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

not

9ith, lg0g.
shall accept,

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

tore' claim, receive or reiain rnv title ofnobility or lronour. or stritt. ;,e|tlJli:rvithout the consenr ol Congress, accept ani retain-any present,

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

EXHIBIT C_ /

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.

'

pRr:tTED A:CD iUaLISgEn

PROVIDENCE: Bt XlLrSP. ,3 SgtCsans.

*n,n::
:{.

j*
I

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."

" 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-

-rr!gr- BE it remembereil, that on the seventh day of l{ay, in the year in ofour Lord oue tbousand eigbt bundred ffi* "ni t*enty-ttto, "od {EnE the forty-sirth year of the independence of the United States of & Horcurrs, depositeil in this ffiily America"title -":" ofrce', a ilrrr.eabook,' the rigbt of said District,claim as proprie' of whereof they - rvords following,a to wit : brs, in tbe

RHODE-ISLAND DISTRICT, &c.

Cllrk

BENJA}TIN COIVELL,
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:

ens,

EXHIBIT C-'IKI

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 futire inteiests. 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.'

\ '

THE COMPILED

LAWS

OF'' \\/YOT{IhIG
I\r-'Lt'l)l\{i -ll.l.'f :t C

l,.r.n's

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.

sAtD 'l'r:RRtruttr .\T .igE ct,csti (rt' Srsstox oF TnE Lrc:sr,-ltrve AssruBlt oF sAtr)

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

BlT c -4 o

"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:{.

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

H. GLAFCKE:
1876.

a;

'S*''
,

{'

Coxrrsrs.

TABLtr OF CONTENTS
P.TRT I.

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

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

lrticles of

L-onfederation

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

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

rr,'rt t r

rxx \N\III
x )i.\

I-\
1.1'

I
\
',..:
,\.e

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

t,I \' I..\Xv

]( I

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

I:i
c\'

C".I IT

EXHIBIT

c-\ I

C,9O

llioruinsPenitentilr'.r
t

('I1-l
t'ri t,' t'i r:s C\
c.\
1'T

Annual Appropriati ot s l'r rt"l'c ti. S. llining Lau's.

Coal Lands

I
r

\'l

II

cxJ.l

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

c\

t.\r

CX I,\-T

c.\ L1't CTI,I

CI,

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.

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 .\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.

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. , .?. congress shall have power to enforce thiJ articre by appropriate legislatlon. \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.. . Jhe congress shall have po\rer to enfcrrce thiiarticre by appropriate legislation.
ARTICLE X\:.

ARTICLE ,\[rT"

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

Titles of Nobility Amendment

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?

Page 8 of 12Pages

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

Titles of Nobility Amendment

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

Titles of Nobility Amendment

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* 2 3 4* 5* 6* 7 8* 9* 10 Pictorial History of the United States of America, John Frost (1844) James Monroe, Secretary of State House of Representatives J. Q. Adams, Secretary of State Pres. James Monroe Pres. James Monroe J. Q. Adams, See. of State Virginia General Assembly The Revised Code of the Laws of Virginia Justice Of The Peace, Henry Potter, Circular to the Governors President Virginia, S. Carolina & Conn. House of Representatives House of Representatives Charles Buck War of 1812 Mar 23, 1813 Dec 31, 1817 Jan 7, 1818 Feb 4, 1818 Feb 27, 1818 Mar 21, 1818 1818 1819 1828 1845

11* Revised Statutes Of The Laws of the State of Illinois 12* Herman V. Ames, PhD 13* George Mitchell 14* George Mitchell 15* George Mitchell 16 17 George Mitchell David Dodge

The Proposed Amendments To The Constitution Of The United States During The First Century Of Its History 1897 David Dodge David Dodge Russ Christensen David Dodge George Mitchell Reference Report Dr. Trudy Peterson Lamar Smith Brian Much report to Steven Schiff Opinion on Titles of Nobility Brian March Feb 13, 1991 Mar 20, 1991 Jan 3, 1992 Feb 14, 1992 Mar 3, 1992 undated Feb. 16, 1994 Mar 3, 1994 Apr 6, 1994 Mar. 21, 1994 May 17,1994 Mar 7, 1995 Mar. 15, 1995

18* Milton 0. Gustafson 19 Lamar Smith

20* Michael 1. Kurtz 21 Steven Schiff

22* lack Maskell 23* Christopher Runkel 24* Carol Shubinski

25* List of states/territories and record of acceptance 26 27 Definitions Affidavit by Brian H. Much

April 29, 1995

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

THE

PICTORIAL HISTORY

THE UNIT
oF
AlVIERICA,
PROM THE

DISCOVERY BY T}IN NORTH}IEN

IN TI{E

TENTH CENTURY
TO

THE PRESENT TIME.

BY JOHN FROST,LL.D.
PBoFEssdR oF aELrEs LETaBES

tx

TEE CEI{TBAL

rrcE scgool. of lslt..tDgl.tgta.

E![BELLISEED ITITg
THREE HUNORED AI{O FITTY ENGEAVINGS FSOM ORIGINAL DRAWINGS, BY W. CR{)OiG.

IN FOUR VOLUMES.

vol,. rv.
PHI LADELP HIA:

:\_

PUBLISIIED BY tsENJAMIN lVALKER,

No. 20, SOUTII FOURTII STREET.

I 844.

EXHIBIT

l-.'-

78

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.

79

t\

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

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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

Moiroe

EXHIBIT

2-r,,

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-

6. 7.

New

Jersey, on the 13th.of february,

1811.

Verrnsllrl on the 24th of :oetober, 1811.

Tennessee, on

the 21st of novenber, 1811. o Georgiar oD the 13tb of d.ecember, 1811. 10. North Carollnar or the 23d of d.ecember, 1811.

g.

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

I{ew

was rejected.

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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.
And

ihat

L7.

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-'

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.,W d

l{es,_sages and._-Papers

Rlchardso

of the Presld.ents, L?89-189?, by Jannes D. n, Voh:ne II , pagie ?9.

February 27, L81g.

I I

t.'

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.
To the House
JAUES
MOI'IROE.

EXHIBIT

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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
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

lr rnz

torF

lhc orrlcr'laying the rerrl levy. al to

e--Far.!"lt1.

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
tlrr:reol.

this Commorrse cnten hundrurl An rct, lo ru certtin rctt of Llerembcr tfic f, ttYen. .tn act, to pr lution of thc t tlrird, qnc th6u:, An lct. for c . ttre Northcnr N Frirfar, Brron

An rct, rcpc rctr of the prrl

Scotlanrl. Pu

' ..1n act. for c tha boundr of I Prned in nnc t 'An aet. firr crn Neck, in lh enrl eiglrly-6re
ninetT4ir. A le'rolution. tv into efect t
teeu liunrlierl r

Frmeil

An rctr cnnr
Decetn

]{ce.k.

Aqr.cet

(: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-+

An lctt lo 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

il-- ri.r,., l!Sg.mcnt. Prral .filiclaratiun of riglrts marlc bv tlre reDre,ienlativer of the cood ncb'n:'r or end tightY'ninr rsl rlrfrt Deople of Viqinia, riserrrblcrl iri futl an'.I lino conrerrtion, r.irich An tct. cunc iiglits rlo pertiio to thcm, nnd tlreir porteritv, u tlre besir rnd ' into rn indaP fumnrJation of guvernmenl. 3tventecn hund of c'rirrrioo or rrtr 'flrc conrtituiion or lbrm - government-agreerl.to, lnd rerolv- , An rcf for by tlre rlelegatcs.and.r-presenlativir of the rcveral cooo. i H" r'b*rrrrl !.d upo,lr cdrporationi of Virginii. m trccn tftir Strt '- tirr nnd corporations .i ' nnrt 'i bv ccrtrio comr ollicrn toi An onlinincer to crrablc tlie present mrgistnter Arr onlinince, to.?rrEblc tlic pruent mrgistntet rnd olliccn to j t.b.Jo,r-r brr&r.b.Jo,,-r b*&;;;Ub'.--'- corrlinue the rrfinirrirtration of jurticc; and for rcttling tha grnc. I p'urpoct. Pu 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.
' '
*

litv of tcrritor' griss amemblei

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

tcvcltt.dt-

fyh;b;l

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'2"F5

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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 !co{:e:- mli-':'-"- i'"i'-' ::ll xoi3s ,li :;lc cunce;lis cl *::cl iec;ior:.'anti a i'uil a;rl com-:,al:: i;':d'r: lo lrg ',ri:rric coi:g l::ri l:c si:uil ::gJg ii,e rrooi :ia:.: :nL:'J: iu .1..: il''lir!tc co..i,.: : :,::ll, i:c gi:u:t c:sug ti,g troott 'ue ':::l':i..tiii' g."-x1;1il::'i.'ir::'i::; ii:s :'.:i:iil':tin::. ije .ii::ltl s::'.:e:s ';tr : . ;r ' ' -. -- | .:.2 qisl;r"gg ;,.r ::!tl:r(J.''.,.utr.it ;itr: liirr..:i.t::.,-ilrrr rri'ilte i:gC.Jl,,;e. .r1 r.:,1i.;r"C,j ;,., t:!rriio.,'. ruir.;r illr: ltlirr'.:i.t::.,-ilrrr rri'ilte i:gC.Jli t;.j lrr ;lte iii:,:iriir:i:r ,,f ;ite ui' :rrsl'e ciC:'iis, or lSSii;'. '. gi. ii) :;tj lrr ilte iii:,:iriir.-.::: ,,1 Jre

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encct;i- ?ir::i ilre :t; i::ca: ll.c:,.iie.v lrsir_erc5" rurhorl:sd :nd re.iu:iati;jo crraii:cl'wii:r;lre ff$!,.-o"u^ l.;c, il:o-.v xre ir_ere.5" rurhor.:sd:nd ie.iu:ia-tijo cnaii:cl'wii:r ;lre ilSl,.-odu" '.'- said 'iiiornas i,iicnic, i'oc rhe ileiiver'.' ,,i ife.saii to::r rirous:aci.":---.11 : 'r.l ii:a iirrr;:s. as'd ibr ihe prics ai'oreile :r'-sen3 :,i':'J :! ..,.. ccries o_! 1ue :cda alirresliri. j.',,-Eaii.-lT'reg $e;giri cooies :i'r:ll be recaiv;i!, il siriii be .t!re gclrlrc.coeia ;belt ;",:.-lalg.-\'rhex $e.;eid :i't:iI recaivir!, sltiii F:tF. illci" :nuiner- : 'corlli::led, ia'i ;;-::dlrr ol-tue E"ec'iiite.-io'rer;ri:r ier tcpies:::eieoij i".,i;;;t"il bcdissF'buirr' 'ire ii.r"i:'u d.;iramu*t,,i;r t[; *.:e of ihe resic:a. ci io'mane the,ecias-,nil' be tnrl re::i- r,!:C ic iisir:cute LJ---:i '-:"'-' Ii::accssarl, in :he martner ioi'torrinl l:io: cop'ie:irto.'rhe cler.k \rL bv' \..s Lrs..\ of 'l-.-::-i, ina.csiarr, "'.1"I ':'.'.'' "'': i , .:tc:: irouse oi :ire L:eneral. -{::a:r,bin. ioc the use oi rhe seii, t'. tlcrcges. i'escqc::zely :-i:oe coe'.' ;o eei:r o[-:he ju.dge:-oithe coure , res. resiqc::"elT co.pi io eai:r o[.:he iudse=-'oithe coure i. i0oeils. Z?canl cour:. trcU juDe-oc co[r-;s 0l ciance!? i-trli ooeal3. ''-rs09y iq sacs 0iinejoo,g?so( ir.l+crrsrc3.oi i:le tJ:r!e"J Sr.a,cesresrqe!,8. ' ifr_in.ihis Sir'ie;-ri'e ccor ro iire iieasurai. ciiriitor, and regis- ., . ynlor:lr? lci.i.; .*.-eace ibc rbe'use of. hG'riepa:'..leni. .nj .o"r'. . ..i;;;;arivc'- :o iile ?e:ii: 'ihe ii:ererr luriti. alxi c ;i-'-r-;he aresirle::; rari -r -nc..r.;: roci- dir.ee;.ors oi ihe boarri t1F pubiic ro;'i,is. etq).. lor iiie use ui roci'fi ai' li:; oi iire '.5e'lc coal..:,3 iastec :;" g I r ; one.,:c o r io''f'lr ornas ieiier:on ]' James ...^.' 9l vJg..r f r rrrJ

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ot tf,t

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.

+ !o rlltcn ^t! rtt'tttD,

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
L1'r. tt",.. .

"

IIICIIJIIO}fD: PRTNT?D By tflo]rAg LtrcIlIE,

tttrttr to tilt conoit8rl.ll.

r8t 9.

EXHIBIT

u-lo
-17

rl
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t$oidng

l, t, Bcnjamin Wothuu hish W&td e ilu ad t

for tlw re-pubtiuti"on
oJ

tlu

rante 0/

strcd ttarch 12, 1819r aryerwhtdcd do ccrttfy, tlwt the Laws ynntcl L trir /,rst rolumc, harr bcat Y*y esandnrd, and tlui', (wtJh ths ar;u;ptim ol thc srrors wtail in ?rrlully
'lu tollle of mclt
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I

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dsranllgl Conrwwenllh,

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Vrlnlircd,

B. Y. LEIGE,
Eiclmond, t 8 19.

ERBATI.
Prre e*, I S, line 18, for l;ldi&ll{rcrd.eez4 e gq l, line 7, bcfore word bc, tdf* mned rirrtnf. i 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-

tb '
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63 instad of 53 ceqt* 325, 9 13, lina g, for nat *igll,o!tritg'tterl ncd c nagl&o:4g::zrtg. linc 3r for lgrrrd&t,rerd,lad 6c. 3, liuc 12, for lu ot iulovrrudf, or Jrc ,lrcll ho?a 376; 378r 16' lines 5 end 6, for ia otu, rcrii sry 6z linc 1, for eurrcrd tie. {3& 67, line 7, ornit ssrd fra.tl ttc 9nd of thc linei66, c. ti9, I l, liie lQ betwjen tbe rordrliocnr, grlcrrtt, tetd or. 179, line 8, (from bo6om,) l9t o*daa\teul obtaizul 5+8, 9 1, line 8, ifter zllula<hcrif, red rqicaar. - ' line 12, ourit rrord ann it &e beginniog of the line. 599;

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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

REGTLAR

IN THE YEARS, A. D.,

TOGITIIER \VIT}I

1844-'5.

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.

\__
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EXHIBIT D- / (
SPRINGFIELD: Wrlr.rer 99[rrns.
pBt:crEr, ron

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It'i'

lV-rltrns & \Yeren, PrBLtc

PRTNT!n.]-.

'r:

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..--.'

TABTI OF CONTENTS.
t

\-.

DECLARATION OF INDEPENDENCE, aRTICLES OF CONFEDERATION, oRDTNANCE OF (7g7, CONSTITUTION OF THE T'NITED STATES, ORDIr\ANCE OF TEE ILLINOIS CONYENTION, l8t8,
CONSTTTUTION OF ILLII{OIS, RESOLUTION OF CONGRESS DECLARING THE ADMISSION oF TLLINOIS INTO TEE UNION, DECEMBER 3, lEt8,

Pecr

u'
l6

I 4'

N
42

acT FoR REYISING TEE LAWS

OF ILLINOIS,

(t

43 : '.r l. Abatementr 45 r '.: 2. Aecount, '47 , i .{., 3. Advertijements, ' 'l; 4. Aliens, 47 : 5. Amendments and Jeofails, .ltl ' : 6. -tpprentices, 5l 7. Arbitratioos and A\rards, 5i6

SE!.

Ttrrrs

oF

ctslr'arr$

Pacr.

C!r,r.

Trtl,Dt orCErrtrst. 24.' Conveyances,

Peor.

'ZL

25. Corporationr, 26. CosL,

C,ounties and County Coia-

nl lE
t{I

toz

,''',i;:i:

' ;.i I .
,,

f,,' '.. ..,

.;. ''

7L Vessels'' ll. Aaorneys and Counsellors 72 &3. Dvorcer, -. 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

Atrachmenb before Justices, 58 9. Attachoents in Circuit Court, 62 10. Athchments of Boats and-

&

missionerst Courts, 129 28. CountyTreasuries and Coun. ty Funds, 29, Courts, l4l 3O. Crininal Jurisprudeuce, . t5l 31. Cumberlaud Riad, 194 32. Detinue, 195
196 198

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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.
by it to the States, are reserved to ttre States respeitively,.or to the'peopie.
Ttre powers not delegated to the United stat6 by the constitution, nor orohibited

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.

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

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-

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.
i

be
.

EXHIBIT

editionr laws of lllinois' tber is an anendment .-qT,:l-,.,h-_9"*r acceptiDg of thcof nobilityt &c- fmm forcign govemmcnts. tubitDq citens frcm titl,es

But by a ruessage of Urc ireai dcntof theuDiiad scatrsof FebrEry4tlSl6rin answertoa resolutionof the Hor;seof nepiesentativegi! appeaB thzt this amatuot hr-d mtid{ by oDIy --- --. *Fl frs,t session-of Uie twelee shtes, ed thereforc bao n6t be! adod;t See vol t, of the priatel'papen of ttre rsth Congresj, Xo.:s.1-_,

printed ac artictc thirteen, pro-

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GORGE

uattf

J. MITCHELL

Hnted

WASH|NGTON, OC 205 rO-l 902

FEt$ Femrs

Febnrary 13,

1991

Mr. David M.

Dodge

Dear l{r. Dodge:

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 1829,-the year Maine and ltassachusgettg separatidl tfre lr{aine 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.

Thank you.

for writing to ehare with

me

the results of your

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

u^tit

J. MITCHELL

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

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 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.
Amendrnent

Thank you

With best wishes,

Sincerely,

EXHIBIT

D-

IT,

Enclosure

GEORG J 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 basis of your premise that there is a "hidden'. time on theAmendment. thirteenth 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,

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

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.

ahead, hopefully, to a

EXHIBIT

p,-l 7

\-

l{atiortnl,

rcbiues
Vinsbington, DC 20406
REF'ERE}JCE RgFONf,

I).JQLIIRY: Proposed Arerdrent on

Titles of Nobility

Representatives on l'lay I , 1810.

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

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. "

Archives (Record Group 11),

Decerober

Accord.ir to the r.ecords

10' 1810, to

Decenber

relating to ttris pr"p"j"a ArrrtDent in the National it rras ratified W 12 Stat^es in ttre period froo

9,

1812.

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

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 beccm prE of ttre Constitution. A list of St^ates rittr ratification dates, is attacbed.
T?u.ts,

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

&r,A7^
Referencre Branch

Clrief' Civil

G[.EirAF-StX{'

\-.

EXHIBIT
o, ut I .i raj' n'es

?- I{

Y d t,

ct

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

Sta'te

Dat^e

of Ratification
25,
1810

ltBr:rlard
KenttEky
Ohio Delal*are

Deceober

January
JanrJar:r

29'

1811

31' l8f1

Febnrar? Febnrarz

2r

1811 1811 1811

Pennsylvania

6,

lbn Jersey
Verrcnt
Tennessee

Febn:ary 13,

&tober 24, 1811

Noveober

21, lSll
1811

Georgia

Deceober 13, Ileceober

North Car,olina
pt3g,saehrr<rett5

23, 1811

Febnra,rr 27, 1812

Deceober

New Harpshire

9, l8l2
1812

}br

York

Rejected on llarch 12, Rejected

hode Islard
Connecticrrt Soutn Carolina

cr Septcober 15, 1814

Itb action
No No

reply; no reord in file

neply; rp r.ord in file

Virgi-nia '
Louisiana

Irdiana

ltississippi

IUirpis

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
Ertred

EXHIBIT D -

/{

TAMAR SMITH
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COMMITTEE ON THE BUOGT COMMITTE O}I JUOICIARY

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tUgCOMr'ill?Cl ON rNrtnXAflOnAL tAW tsMtcnlt,ofr, An0 Rlru0ec g HOUSE REPU6LICAN POLICY CCMMITTEE

February 15, i994

ActinE NaElonal Archiviee

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

Dr. Trudy

Pctergon

NW

Dear

Dr.

Pet,erson,

of a frlend'E interest, I an inquirlng abcut the of Nobillcyn amendrrreng enurileraEed as Ariicle XIiI in rhe '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

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Dear

Ewronablg Tqrmr'

fuitb

Ur. Shith:

l,lobility Asrfu(rt."
Whenever

Ttrlg

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

gorrcrtred

a,bout

the "Titlee of

ttre lrchl'ctet of the lxrited St^ates

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.
prroposed 13th

Awrg the records in the Nationel Arthives relatilg to the

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,

MICHAEI,

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

J.
NISIZ
National 'ttvhiues and Recot* Mminbtmtion

Actlng .lgsistant ArchlvLst. for thc Naticnal Architiee

STEVEN SCHIFF
FtRsy OtsrntcT, NErv MExtco
COMMITTEES:

PLEASE REPLY TO:

W^sHrilcroil, DC 2O5 1 5-31O1

(2O2)

loog LoilcwonrH

YYASHIXGTON

OFHCE

BuTLDTNG

SclEtrcE, Spac, AilD TcHiloLocy

JUDIcIARY

@ongre

Slrroenos

oF OFFtctAL CoNcucr

sn of $e
April 6,

6nite! $tates
E
1994

225-6316

GoVERNMENT OpEnATtoNs SuBcoMurrfE o1l

Hurall

REsouects AxD
RELAfl

houga of Seprcgcntstibed
odag'ington,

lilrcaGovERrlrrtltal

olrs

Rattxtt{c MExBET

D 20515-3101

REPUBLIc^il RESEAncH CbMMITIEE Tas( FoRc on CFTME

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

olsTRlct oFFlcE:

(sos) 766-2538

CHxiuar

Brian March PO Box 26512 Albuquerque, NM 87L25

Dear Brian:
Research Service (CRS) response Title-s of Nobility, Gifts and Emoluments from foreign governments. Enclosed you

!g my- inqqtry on your behalf regarding

will find a copy of the Congressional

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*
SS:md

g.-afr

Steven Schiff

Enclosures: As stated

EXHIBIT *D^'a'

l'

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

Congressional Research Service

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

March 2L, L994 TO

FROM SUBJECT Honorable Steven Schiff Attentibn: Mark Moores American Law Division Proposed Amendment on Titles of Nobility, Emoluments from Foreign Governments

Gifts, and

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

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

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.

accepted legal and constitutional principles,

Briefly, from oflicial and authoritative sources, and from commonly it may be concluded that:

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

1.

'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
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.
6

of

the

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

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

government and regulatory licensing, professional certifications required and/or recognized by a State, or the granting of corporate charters by governmental entities.

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

"Titles of nobility" have thus always been prohibited from being granted by

-'' , -"''
ll

''-=,-*7%
Jack Maskell Legislative Attorney

-:

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

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f[arional,
Date
Annof
Replyto
: :

rchiues
W'asbington, DC 20408

May
N-GC

L7, t994
amendment

Subiect

"Titles of Nobility"
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:

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.

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

The "provisions are those found

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 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 year One thousand eight may -be made prior to the 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.

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.

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

Additional support, for this conclusion is provided by a opinion of thl-Department of Justicers Offlce

Lggz

The Congressional Pay Amendment became the Trventy-seventh Amendment to the Constitution in May Lggz.

EXHIBIT D:7J

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
We

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

\-.

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

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
FREO

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

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.

Albuquerque, NM 87120
Dear Mr. March:

4845 Los Serranos Ct. N.W.

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.
The

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.

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
Iraw Fellow

Carol Shubinski
Senator PauI
Si-mon

\_

EXHIBIT

Titles of Nobility Arnendment

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

\r.-

, \\-

North Carolina 1819, 1828 Northwestem

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
Territories 1819, 1824, lt3l, 1833, 1818, 1824, l83l
1822
1833
1841

Ohio Rhode Island Virginia Wyoming

Pennsylvania

l8l9
1870,
1876

Laws of the United Starcs of

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

n-at

I of2Prgcs

Titles of Nobility Amendment

i iu_ L 2. 3. 4. 5. 6. 7.
t\
56 years.

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

ARTTCLE )AII (TITLES OF NOBTLITY AI,IENDMENT)

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

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

Oliver,1832

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

A HISTORY OF THE UNTTED STATES (NEW EDTTION, WITH ADDTTIONS AND CORRECTIONS),by John Frost, LL.D., 1837
THE AMERICAN POLITICIAN, by M. Sears, 1842 THE POLITICAL TEXT BOOK, by Edward Cunier, 1842

LI\ES
l 848

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

8. 9.
10.
I

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

THE TRUE REPI"IBLICA}{, by Jonathan French, 1849 THE TREASURY OF HISTORY; BEING A HISTORY OF THE WORLD, by Henry

Bill,

I E50

1.

ECHOES FROM THE CABINET, by Deyton & Wentwonh, 1855 by A. W. Bell, 1855

12. TI{E STATE REGISTER (LOUISIANA),

13.

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":
granted.

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

"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

D-26
Prges

Prge I

oft

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:

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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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 Lnowledge, on this / 2 a^V of y' correet, to the best of my belief and '/ hundred and ninety-five, the year of our Lord, Nineteen
CERTTFIED CORRECT

clo
Witnesseth:

4845 Los Serranos

Court, N.W. New Mexico Albuquerqlre,

)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

%**,L

I{

March

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. rtreacherous onesr rere cast out of the colony. At last, Exl-I.e. The 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
Congress, July
of Amrlica,

4, 1776.

Tlv urvnimous
.

Dechrarion of the thineen united States

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 impct thcm to 1l1c Sparation. ,hai;i.6 il ,T.-op ".o"e -j-11gy "lo,irEr;;.lkt;J*i;tr; with Ci"to' 'trichceniin unalicnable Riehts. that among thcsc "T I-f.' Libcro gd the. pursurt Mcn. dcriving their lust ponrcrs fop the consent oi thc govemed, Thet whenerrcr ri" i"i ,*url ,ho;;ih;;, oi H"ppirrcr.. Th., "rotrg of tlic Pcopli- to altcr oi to .abolish it, and ro insritute nan' Govemment. laving iiet", ;;i;:-ii a[5il;i"; " "i i.r-e"*irr i" tu.h tor'nl p- th9r1 sfrall sccm most likcly 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,whcn i"a."r-. *iift.3.i. ioiig-t'i tt'.mtlues by abolishins rhc forms.to wtrich th:r art rccustomcd- But 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 "iGo"c*ment. all havins in dir..t o[ii"ii-h.;-ri;tfufi;.; of an absolute Ty-nnny o"cr.ihesc Scites. To qryv9 this, lct-hcts be submined 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 " 6r_-it & Lrgi 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---Fordcprivins us in T"Jv:T,q'of the benciirs cu"ine off 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 and tdrallv unuonhv o] C-"lt; & p.{'i}, .l"t av" p"riit"tJ itt thc mori b"rb"p* i.toi.ti*,vtl-i"v, their "i.rj "r;iiav oi ,hl tiigt, Seas to bear Arms against "Fi, C-ounry, to bc.comc thc crecu' of a civili:cd ,,",ion. Hc har cxcited domcstic insunectioru |mqnpl ur' and hils cndcavourlcl tioncts of rherr fricn& and Btcthrcn, or ro hll rhemsclvcs by rhcir Handr. -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 pcople Nor fuee 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 iurrsdiction orer us. Wi have rcmindcd thern of thc circumstances of our emigration and scrtlcment hcre. Wc haveappcalcd to thcir native iEtice and magnanlmltyr 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 Namc' and Dy Asthorrry ^"_:P_g ilG.;;i'C""sr*t, A;*bhd, rppo"titrg io rhc Suprcmc Judgc.of rhc uorld for the rcctitudc of our interrrions, do, in the end lndcacrdcntStrc* ofRight oyelrt 1o be Frcc 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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John Hancocl
Roger Sherman Sam'el Huntington

Thos. Stonc Charlcs Carroll of Carrollton

(Massachracns)

(Nau

YorL)

James

Vilson

Vm. Flord

Geo.

Ross

Phil. Livingston
Frans. lcr,ris

Wm. Villiams Oliver Volcott

(Dehwatc)
Cacsar Rodney

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

Geo. Read
(Gcorg!a')

Saml. Adams John Adams Robt. Trcat hine Elbridge Gerry

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

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

Tho. MXcan Button Gwinnctt Lvman Hall

Gco. Walton (Maqland)
Samuel Chasc

(Ncs Hanpshire)
Josiah Banlen

Anhur Middleton
(!/irsinia)

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

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

George Vythe

Th. Jefferrcn

Richard Hcnry Lcc

Wm.

Paca

'Iiylor

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

Caner Bnxton

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