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The Missing 13th Amendment

David M. Dodge, Researcher, Date = 08/01/91



In the winter of 1983, archival research expert David Dodge, = and former=20 Baltimore police investigator Tom Dunn, were searching for = evidence of=20 government corruption in public records stored in the Belfast = Library on=20 the coast of Maine.=20

By chance, they discovered the library's oldest authentic copy = of the=20 Constitution of the United States (printed in 1825). Both men were = stunned=20 to see this document included a 13th Amendment that no longer = appears on=20 current copies of the Constitution. Moreover, after studying the=20 Amendment's language and historical context, they realized the = principle=20 intent of this "missing" 13th Amendment was to prohibit lawyers = from=20 serving in government. So began a seven year, nationwide search = for the=20 truth surrounding the most bizarre Constitutional puzzle in = American=20 history -- the unlawful removal of a ratified Amendment from the=20 Constitution of the United States.=20

Since 1983, Dodge and Dunn have uncovered additional copies of = the=20 Constitution with the "missing" 13th Amendment printed in at least = eighteen separate publications by ten different states and = territories=20 over four decades from 1822 to 1860. In June of this year (1991), = Dodge=20 uncovered the evidence that this missing 13th Amendment had indeed = been=20 lawfully ratified by the state of Virginia and was therefore an = authentic=20 Amendment to the American Constitution. If the evidence is correct = and no=20 logical errors have been made, a 13th Amendment restricting = lawyers from=20 serving in government was ratified in 1819 and removed from the = U.S.=20 Constitution during the tumult of the Civil War. Since the = Amendment was=20 never lawfully repealed, it is still the Law today. The = implications are=20 enormous.=20

The story of this "missing" Amendment is complex and at times = confusing=20 because the political issues and vocabulary of the American = Revolution=20 were different from our own. However, there are essentially two = issues:=20

  • What does the Amendment mean? and,=20
  • Was the Amendment ratified?

Before we consider the issue of ratification, we should first=20 understand the Amendment's meaning and consequent current = relevance.=20

MEANING of the 13th Amendment

The "missing" 13th Amendment to the Constitution of the United = States=20 reads as follows:=20

"If any citizen of the United States shall accept, = claim,=20 receive, or retain any title of nobility or honour, or shall = without the=20 consent of Congress, accept and retain any present, pension, = office, or=20 emolument of any kind whatever, from any emperor, king, prince, = or=20 foreign power, such person shall cease to be a citizen of the = United=20 States, and shall be incapable of holding any office of trust or = profit=20 under them, or either of them."

At the first reading, the meaning of this 13th Amendment (also = called=20 the "title of nobility" Amendment) seems obscure; unimportant. The = references to "nobility," "honour," "emperor," "king," and = "prince," lead=20 us to dismiss this Amendment as a petty post-revolution act of = spite=20 directed against the British monarchy. The U.S. modern world of = Lady Di=20 and Prince Charles, make anti-royalist sentiments seem so archaic = and=20 quaint, that the Amendment can be ignored.=20

Not so. Consider some evidence of its historical significance:=20

  • First, "titles of nobility" were prohibited in both Article VI of=20 the Articles of Confederation (1777) and in Article= =20 I, Sections 9 and 10 of the Constitution of the United = States=20 (1787);=20
  • Second, although already prohibited by the Constitution, an=20 additional "title of nobility" amendment was proposed in 1789, = again in=20 1810, and according to Dodge, finally ratified in 1819. Clearly, = the=20 founding fathers saw such a serious threat in "titles of = nobility" and=20 "honors" that anyone receiving them would forfeit their = citizenship.=20 Since the government prohibited "titles of nobility" several = times over=20 four decades, and went through the amending process (even though = "titles=20 of nobility" were already prohibited by the Constitution), it's = obvious=20 that the Amendment carried much more significance for our = founding=20 fathers than is readily apparent today.

HISTORICAL CONTEXT

To understand the meaning of this "missing" 13th Amendment, we = must=20 understand its historical context -- the era surrounding the = American=20 Revolution. We tend to regard the notion of "Democracy" as benign, = harmless, and politically unremarkable. But at the time of the = American=20 Revolution, King George III and the other monarchies of Europe saw = Democracy as an unnatural, ungodly ideological threat, every bit = as=20 dangerously radical as Communism was once regarded by modern = Western=20 nations. Just as the 1917 Communist Revolution in Russia spawned = other=20 revolutions around the world, the American Revolution provided an = example=20 and incentive for people all over the world to overthrow their = European=20 monarchies.=20

Even though the Treaty of Paris ended the Revolutionary War in = 1783,=20 the simple fact of our existence threatened the monarchies. The = United=20 States stood as a heroic role model for other nations, that = inspired them=20 to also struggle against oppressive monarchies. The French = Revolution=20 (1789-1799) and the Polish national uprising (1794) were in part=20 encouraged by the American Revolution. Though we stood like a = beacon of=20 hope for most of the world, the monarchies regarded the United = States as a=20 political typhoid Mary, the principle source of radical democracy = that was=20 destroying monarchies around the world. The monarchies must have = realized=20 that if the principle source of that infection could be destroyed, = the=20 rest of the world might avoid the contagion and the monarchies = would be=20 saved.=20

Their survival at stake, the monarchies sought to destroy or = subvert=20 the American system of government. Knowing they couldn't destroy = us=20 militarily, they resorted to more covert methods of political = subversion,=20 employing spies and secret agents skilled in bribery and legal = deception=20 -- it was, perhaps, the first "cold war". Since governments run on = money,=20 politicians run for money, and money is the usual enticement to = commit=20 treason, much of the monarchy's counter- revolutionary efforts = emanated=20 from English banks.=20

DON'T BANK ON IT (Modern Banking System)

The essence of banking was once explained by Sir Josiah Stamp, = a former=20 president of the Bank of England:

"The modern banking system manufactures money out of=20 nothing. The process is perhaps the most astounding piece of = sleight of=20 hand that was ever invented. Banking was conceived in inequity = and born=20 in sin... Bankers own the earth. Take it away from them but = leave them=20 the power to create money, and, with a flick of a pen, they will = create=20 enough money to buy it back again... Take this great power away = from=20 them, or if you want to continue to be the slaves of bankers and = pay the=20 cost of your own slavery, then let bankers continue to create = money and=20 control credit."

The last great abuse of the U.S. banking system caused the = depression=20 of the 1930's. Today's abuses may cause another. Current S&L = and bank=20 scandals illustrate the on-going relationships between banks, = lawyers,=20 politicians, and government agencies (look at the current BCCI = bank=20 scandal, involving lawyer Clark Clifford, politician Jimmy Carter, = the=20 Federal Reserve, the FDIC, and even the CIA). These scandals are = the=20 direct result of years of law-breaking by an alliance of bankers = and=20 lawyers using their influence and money to corrupt the political = process=20 and rob the public. (Think you're not being robbed? Guess who's = going to=20 pay the bill for the excesses of the S&L's, U.S.-taxpayer? You = are.)=20

The systematic robbery of productive individuals by parasitic = bankers=20 and lawyers is not a recent phenomenon. This abuse is a human = tradition=20 that predates the Bible and spread from Europe to America despite = early=20 colonial prohibitions.=20

When the first United States Bank was chartered by Congress in = 1790,=20 there were only three state banks in existence. At one time, banks = were=20 prohibited by law in most states because many of the early = settlers were=20 all too familiar with the practices of the European goldsmith = banks.=20

Goldsmith banks were safe-houses used to store client's gold. = In=20 exchange for the deposited gold, customers were issued notes = (paper money)=20 which were redeemable in gold. The goldsmith bankers quickly = succumbed to=20 the temptation to issue "extra" notes, (unbacked by gold). Why? = Because=20 the "extra" notes enriched the bankers by allowing them to buy = property=20 with notes for gold that they did not own, gold that did not even = exist.=20

Colonists knew that bankers occasionally printed too much paper = money,=20 found themselves over-leveraged, and caused a "run on the bank". = If the=20 bankers lacked sufficient gold to meet the demand, the paper money = became=20 worthless and common citizens left holding the paper were ruined. = Although=20 over-leveraged bankers were sometime hung, the bankers continued = printing=20 extra money to increase their fortunes at the expense of the = productive=20 members of society. (The practice continues to this day, and = offers=20 "sweetheart" loans to bank insiders, and even provides the = foundation for=20 deficit spending and the U.S. Federal government's unbridled = growth.)=20

PAPER MONEY

If the colonists forgot the lessons of goldsmith bankers, the = American=20 Revolution refreshed their memories. To finance the war, Congress=20 authorized the printing of continental bills of credit in an = amount not to=20 exceed $200,000,000. The States issued another $200,000,000 in = paper=20 notes. Ultimately, the value of the paper money fell so low that = they were=20 soon traded on speculation from 5000 to 1000 paper bills for one = coin.=20

It's often suggested that the U.S. Constitution's prohibition = against a=20 paper economy -- "No State shall... make any Thing but gold and = silver=20 Coin a tender in Payment of Debts" -- was a tool of the wealthy to = be=20 worked to the disadvantage of all others. But only in a "paper" = economy=20 can money reproduce itself and increase the claims of the wealthy = at the=20 expense of the productive.=20

"Paper money," said Pelatiah Webster, "polluted the equity of = our laws,=20 turned them into engines of oppression, corrupted the justice of = our=20 public administration, destroyed the fortunes of thousands who had = confidence in it, enervated the trade, husbandry, and manufactures = of U.S.=20 country, and went far to destroy the morality of U.S. people."=20

CONSPIRACIES

A few examples of the attempts by the monarchies and banks that = almost=20 succeeded in destroying the United States:=20

According to the Tennessee Laws (1715-1820, vol. II, p. 774), = in the=20 1794 Jay=20 Treaty, the United States agreed to pay 600,000 pounds = sterling to=20 King George III, as reparations for the American revolution. The = Senate=20 ratified the treaty in secret session and ordered that it not be=20 published. When Benjamin Franklin's grandson published it anyway, = the=20 exposure and resulting public uproar so angered the Congress that = it=20 passed the Alien and Sedition Acts (1798) so federal judges could=20 prosecute editors and publishers for reporting the truth about the = government. Since we had won the Revolutionary War, why would U.S. = Senators agree to pay reparations to the loser? And why would they = agree=20 to pay 600,000 pounds sterling, eleven years after the war ended? = It=20 doesn't make sense, especially in light of Senate's secrecy and = later fury=20 over being exposed, unless we assume U.S. Senators had been bribed = to=20 serve the British monarchy and betray the American people. That's=20 subversion.=20

The United States Bank had been opposed by the Jeffersonians = from the=20 beginning, but the Federalists (the pro-monarchy party) won out in = its=20 establishment. The initial capitalization was $10,000,000 -- 80% = of which=20 would be owned by foreign bankers. Since the bank was authorized = to lend=20 up to $20,000,000 (double its paid in capital), it was a = profitable deal=20 for both the government and the bankers since they could lend, and = collect=20 interest on, $10,000,000 that didn't exist.=20

However, the European bankers outfoxed the government and by = 1796, the=20 government owed the bank $6,200,000 and was forced to sell its = shares. (By=20 1802, the U.S. government owned no stock in the United States = Bank.)=20

The sheer power of the banks and their ability to influence=20 representative government by economic manipulation and outright = bribery=20 was exposed in 1811, when the people discovered that European = banking=20 interests owned 80% of the bank. Congress therefore refused to = renew the=20 bank's charter. This led to the withdrawal of $7,000,000 in specie = by=20 European investors, which in turn, precipitated an economic = recession, and=20 the War of 1812. That's destruction.=20

There are undoubtedly other examples of the monarchy's efforts = to=20 subvert or destroy the United States; some are common knowledge, = others=20 remain to be disclosed to the public. For example, David Dodge = discovered=20 a book called "2 VA LAW" in the Library of Congress Law Library. = According=20 to Dodge, "This is an un-catalogued book in the rare book section = that=20 reveals a plan to overthrow the constitutional government by = secret=20 agreements engineered by the lawyers. That is one of the reasons = why this=20 Amendment was ratified by Virginia and the notification was lost = in the=20 mail. There is no public record that this book exists." That may = sound=20 surprising, but according to The Gazette (5/10/91), "the Library = of=20 Congress has 349,402 un-catalogued rare books and 13.9 million=20 un-catalogued rare manuscripts." There may be secrets buried in = that mass=20 of documents even more astonishing than a missing Constitutional=20 Amendment.=20

TITLES OF NOBILITY

In seeking to rule the world and destroy the United States, = bankers=20 committed many crimes. Foremost among these crimes were fraud, = conversion,=20 and plain old theft. To escape prosecution for their crimes, the = bankers=20 did the same thing any career criminal does. They hired and formed = alliances with the best lawyers and judges money could buy. These=20 alliances, originally forged in Europe (particularly in Great = Britain),=20 spread to the colonies, and later into the newly formed United = States of=20 America.=20

Despite their criminal foundation, these alliances generated = wealth,=20 and ultimately, respectability. Like any modern member of = organized crime,=20 English bankers and lawyers wanted to be admired as "legitimate=20 businessmen". As their criminal fortunes grew so did their = usefulness, so=20 the British monarchy legitimized these thieves by granting them = "titles of=20 nobility".=20

Historically, the British peerage system referred to knights as = "Squires" and to those who bore the knight's shields as = "Esquires". As=20 lances, shields, and physical violence gave way to the more = civilized=20 means of theft, the pen grew mightier (and more profitable) than = the=20 sword, and the clever wielders of those pens (bankers and lawyers) = came to=20 hold titles of nobility. The most common title was "Esquire" = (used, even=20 today, by some lawyers).=20

INTERNATIONAL BAR ASSOCIATION

In Colonial America, attorneys trained attorneys but most held = no=20 "title of nobility" or "honor". There was no requirement that one = be a=20 lawyer to hold the position of district attorney, attorney = general, or=20 judge; a citizen's "counsel of choice" was not restricted to a = lawyer;=20 there were no state or national bar associations. The only = organization=20 that certified lawyers was the International Bar Association = (IBA),=20 chartered by the King of England, headquartered in London, and = closely=20 associated with the international banking system. Lawyers admitted = to the=20 IBA received the rank "Esquire" -- a "title of nobility". = "Esquire" was=20 the principle title of nobility which the 13th Amendment sought to = prohibit from the United States.=20

Why? Because the loyalty of "Esquire" lawyers was suspect. = Bankers and=20 lawyers with an "Esquire" behind their names were agents of the = monarchy,=20 members of an organization whose principle purposes were = political, not=20 economic, and regarded with the same wariness that some people = today=20 reserve for members of the KGB or the CIA.=20

Article= 1,=20 Sect. 9 of the Constitution sought to prohibit the = International Bar=20 Association (or any other agency that granted titles of nobility) = from=20 operating in America. But the Constitution neglected to specify a = penalty,=20 so the prohibition was ignored, and agents of the monarchy = continued to=20 infiltrate and influence the government (as in the Jay Treaty and = the US=20 Bank charter incidents). Therefore, a "title of nobility" = amendment that=20 specified a penalty (loss of citizenship) was proposed in 1789, = and again=20 in 1810. The meaning of the amendment is seen in its intent to = prohibit=20 persons having titles of nobility and loyalties to foreign = governments and=20 bankers from voting, holding public office, or using their skills = to=20 subvert the government.=20

HONOR

The missing Amendment is referred to as the "title of nobility" = Amendment, but the second prohibition against "honour" (honor), = may be=20 more significant.=20

According to David Dodge, Tom Dunn, and Webster's Dictionary, = the=20 archaic definition of "honor" (as used when the 13th Amendment was = ratified) meant anyone "obtaining or having an advantage or = privilege over=20 another". A contemporary example of an "honor" granted to only a = few=20 Americans is the privilege of being a judge: Lawyers can be judges = and=20 exercise the attendant privileges and powers; non-lawyers cannot.=20

By prohibiting "honors", the missing Amendment prohibits any = advantage=20 or privilege that would grant some citizens an unequal opportunity = to=20 achieve or exercise political power. Therefore, the second meaning = (intent) of the 13th Amendment was to ensure political equality = among all=20 American citizens, by prohibiting anyone, even government = officials, from=20 claiming or exercising a special privilege or power (an "honor") = over=20 other citizens.=20

If this interpretation is correct, "honor" would be the key = concept in=20 the 13th Amendment. Why? Because, while "titles of nobility" may = no longer=20 apply in today's political system, the concept of "honor" remains=20 relevant. For example, anyone who had a specific "immunity" from = lawsuits=20 which were not afforded to all citizens, would be enjoying a = separate=20 privilege, an "honor", and would therefore forfeit his right to = vote or=20 hold public office. Think of the "immunities" from lawsuits that = U.S.=20 judges, lawyers, politicians, and bureaucrats currently enjoy. As = another=20 example, think of all the "special interest" legislation the U.S.=20 government passes: "special interests" are simply euphemisms for = "special=20 privileges" (honors).=20

WHAT IF? (Implications if Restored)

If the missing 13th Amendment were restored, "special = interests" and=20 "immunities" might be rendered unconstitutional. The prohibition = against=20 "honors" (privileges) would compel the entire government to = operate under=20 the same laws as the citizens of this nation. Without their = current=20 personal immunities (honors), US judges and I.R.S. agents would be = unable=20 to abuse common citizens without fear of legal liability. If this = 13th=20 Amendment were restored, the entire U.S. Government would have to = conduct=20 itself according to the same standards of decency, respect, law, = and=20 liability as the rest of the nation. If this Amendment and the = term=20 "honor" were applied today, U.S. Government's ability to = systematically=20 coerce and abuse the public would be all but eliminated.=20

Imagine! A government without special privileges or immunities. = How=20 could we describe it? It would be ... almost like ... a government = ... of=20 the people ... by the people ... for the people!=20

Imagine: a government ... whose members were truly accountable = to the=20 public; a government that could not systematically exploit its own = people!=20 It's unheard of ... it's never been done before. Not ever in the = entire=20 history of the world.=20

Bear in mind that Senator George Mitchell of Maine and the U.S. = National Archives concede this 13th Amendment was proposed by = Congress in=20 1810. However, they explain that there were seventeen states when = Congress=20 proposed the "title of nobility" Amendment; that ratification = required the=20 thirteen states, but since only twelve states supported the = Amendment, it=20 was not ratified. The Government Printing Office agrees; it = currently=20 prints copies of the Constitution of the United States which = include the=20 "title of nobility" Amendment as proposed, but un-ratified.=20

Even if this 13th Amendment were never ratified, even if Dodge = and=20 Dunn's research or reasoning is flawed or incomplete, it would = still be an=20 extraordinary story. Can you imagine, can you understand how close = the US=20 came to having a political paradise, right here on Earth? Do you = realize=20 what an extraordinary gift our forebears tried to bequeath us? And = how=20 close we came? One vote. One state's vote.=20

The federal government concedes that twelve states voted to = ratify this=20 Amendment between 1810 and 1812. But they argue that ratification = require=20 thirteen states, so the Amendment lays stillborn in history, = unratified=20 for lack of a just one more state's support. One vote.=20

David Dodge, however, says one more state did ratify, and he = claims he=20 has the evidence to prove it.=20

PARADISE LOST, RATIFICATION FOUND

In 1789, the House of Representatives compiled a list of = possible=20 Constitutional Amendments, some of which would ultimately become = our Bill=20 of Rights. The House proposed seventeen; the Senate reduced the = list to=20 twelve. During this process that Senator Tristrain Dalton (Mass.) = proposed=20 an Amendment seeking to prohibit and provide a penalty for any = American=20 accepting a "title of Nobility" (RG 46 Records of the U.S. = Senate).=20 Although it wasn't passed, this was the first time a "title of = nobility"=20 amendment was proposed.=20

Twenty years later, in January, 1810, Senator Reed proposed = another=20 "Title of Nobility" Amendment (History of Congress, Proceedings of = the=20 Senate, p. 529-530). On April 27, 1810, the Senate voted to pass = this 13th=20 Amendment by a vote of 26 to 1; the House resolved in the = affirmative 87=20 to 3; and the following resolve was sent to the States for = ratification:=20

"If any citizen of the United States shall Accept, = claim,=20 receive or retain any title of nobility or honour, or shall, = without the=20 consent of Congress, accept and retain any present, pension, = office or=20 emolument of any kind whatever, from any emperor, king, prince = or=20 foreign power, such person shall cease to be a citizen of the = United=20 States, and shall be incapable of holding any office of trust or = profit=20 under them, or either of them."

The Constitution requires three-quarters of the states to = ratify a=20 proposed amendment before it may be added to the Constitution. = When=20 Congress proposed the "Title of Nobility" Amendment in 1810, there = were=20 states, thirteen of which would have to ratify for the Amendment = to be=20 adopted. According to the National Archives, the following is a = list of=20 the twelve states that ratified, and their dates of ratification:=20

  • Maryland, Dec. 25, 1810=20
  • Kentucky, Jan. 31, 1811=20
  • Ohio, Jan. 31, 1811=20
  • Delaware, Feb. 2, 1811=20
  • Pennsylvania, Feb. 6, 1811=20
  • New Jersey, Feb. 13, 1811=20
  • Vermont, Oct. 24, 1811=20
  • Tennessee, Nov. 21, 1811=20
  • Georgia, Dec. 13, 1811=20
  • North Carolina, Dec. 23, 1811=20
  • Massachusetts, Feb. 27, 1812=20
  • New Hampshire, Dec. 10, 1812

Before a thirteenth state could ratify, the War of 1812 broke = out with=20 England. By the time the war ended in 1814, the British had burned = the=20 Capitol, the Library of Congress, and most of the records of the = first 38=20 years of government. Whether there was a connection between the = proposed=20 "title of nobility" amendment and the War of 1812 is not known. = However,=20 the momentum to ratify the proposed Amendment was lost in the = tumult of=20 war.=20

Then, four years later, on December 31, 1817, the House of=20 Representatives resolved that President Monroe inquire into the = status of=20 this Amendment. In a letter dated February 6, 1818, President = Monroe=20 reported to the House that the Secretary of State Adams had = written to the=20 governors of Virginia, South Carolina and Connecticut to tell them = that=20 the proposed Amendment had been ratified by twelve States and = rejected by=20 two (New York and Rhode Island), and asked the governors to notify = him of=20 their legislature's position. (House Document No. 76) (This, and = other=20 letters written by the President and the Secretary of State during = the=20 month of February, 1818, note only that the proposed Amendment had = not yet=20 been ratified. However, these letters would later become crucial = because,=20 in the absence of additional information they would be interpreted = to mean=20 the amendment was never ratified).=20

On February 28, 1818, Secretary of State Adams reported the = rejection=20 of the Amendment by South Carolina. [House Doc. No. 129]. There = are no=20 further entries regarding the ratification of the 13th Amendment = in the=20 Journals of Congress; whether Virginia ratified is neither = confirmed nor=20 denied. Likewise, a search through the executive papers of = Governor=20 Preston of Virginia does not reveal any correspondence from = Secretary of=20 State Adams. (However, there is a journal entry in the Virginia = House that=20 the Governor presented the House with an official letter and = documents=20 from Washington within a time frame that conceivably includes = receipt of=20 Adams' letter.) Again, no evidence of ratification; none of = denial.=20

However, on March 10, 1819, the Virginia legislature passed Act = No. 280=20 (Virginia Archives of Richmond, "misc.' file, p. 299 for = micro-film): "Be=20 it enacted by the General Assembly, that there shall be published = an=20 edition of the Laws of this Commonwealth in which shall be = contained the=20 following matters, that is to say: the Constitution of the united = States=20 and the amendments thereto..." This act was the specific = legislated=20 instructions on what was, by law, to be included in the = re-publication (a=20 special edition) of the Virginia Civil Code. The Virginia = Legislature had=20 already agreed that all Acts were to go into effect on the same = day -- the=20 day that the Act to re-publish the Civil Code was enacted. = Therefore, the=20 13th Amendment's official date of ratification would be the date = of=20 re-publication of the Virginia Civil Code: March 12, 1819.=20

The Delegates knew Virginia was the last of the 13 States that = were=20 necessary for the ratification of the 13th Amendment. They also = knew there=20 were powerful forces allied against this ratification so they took = extraordinary measures to make sure that it was published in = sufficient=20 quantity (4,000 copies were ordered, almost triple their usual = order), and=20 instructed the printer to send a copy to President James Monroe as = well as=20 James Madison and Thomas Jefferson. (The printer, Thomas Ritchie, = was=20 bonded. He was required to be extremely accurate in his research = and his=20 printing, or he would forfeit his bond.)=20

In this fashion, Virginia announced the ratification: by = publication=20 and dissemination of the Thirteenth Amendment of the Constitution. =

There is question as to whether Virginia ever formally notified = the=20 Secretary of State that they had ratified this 13th Amendment. = Some have=20 argued that because such notification was not received (or at = least, not=20 recorded), the Amendment was therefore not legally ratified. = However,=20 printing by a legislature is prima facie evidence of ratification. = Further, there is no Constitutional requirement that the Secretary = of=20 State, or anyone else, be officially notified to complete the = ratification=20 process. The Constitution only requires that three- fourths of the = states=20 ratify for an Amendment to be added to the Constitution. If = three-quarters=20 of the states ratify, the Amendment is passed. Period. The = Constitution is=20 otherwise silent on what procedure should be used to announce, = confirm, or=20 communicate the ratification of amendments.=20

Knowing they were the last state necessary to ratify the = Amendment, the=20 Virginians had every right announce their own and the nation's=20 ratification of the Amendment by publishing it on a special = edition of the=20 Constitution, and so they did.=20

Word of Virginia's 1819 ratification spread throughout the = States and=20 both Rhode Island and Kentucky published the new Amendment in = 1822. Ohio=20 first published in 1824. Maine ordered 10,000 copies of the = Constitution=20 with the 13th Amendment to be printed for use in the schools in = 1825, and=20 again in 1831 for their Census Edition. Indiana Revised Laws of = 1831=20 published the 13th Article on p. 20. Northwestern Territories = published in=20 1833. Ohio published in 1831 and 1833. Then came the Wisconsin = Territory=20 in 1839; Iowa Territory in 1843; Ohio again, in 1848; Kansas = Statutes in=20 1855; and Nebraska Territory six times in a row from 1855 to 1860. =

So far, David Dodge has identified eleven different states or=20 territories that printed the Amendment in twenty separate = publications=20 over forty-one years. And more editions including this 13th = Amendment are=20 sure to be discovered. Clearly, Dodge is onto something.=20

You might be able to convince some of the people, or maybe even = all of=20 them, for a little while, that this 13th Amendment was never = ratified.=20 Maybe you can show them that the ten legislatures which ordered it = published eighteen times we've discovered (so far) consisted of = ignorant=20 politicians who don't know their amendments from their... ahh, = articles.=20 You might even be able to convince the public that our U.S. = forefathers=20 never meant to "outlaw" public servants who pushed people around, = accepted=20 bribes or special favors to "look the other way." Maybe. But = before you=20 do, there's an awful lot of evidence to be explained.=20

THE AMENDMENT DISAPPEARS

In 1829, the following note appears on p. 23, Vol. 1 of the New = York=20 Revised Statutes:=20

"In the edition of the Laws of the U.S. before = referred to,=20 there is an amendment printed as article 13, prohibiting = citizens from=20 accepting titles of nobility or honor, or presents, offices, = &c.=20 from foreign nations. But, by a message of the president of the = United=20 States of the 4th of February, 1818, in answer to a resolution = of the=20 house of representatives, it appears that this amendment had = been=20 ratified only by 12 states, and therefore had not been adopted. = See Vol.=20 IV of the printed papers of the 1st session of the 15th = congress, No.=20 76."

In 1854, a similar note appeared in the Oregon Statutes. Both = notes=20 refer to the Laws of the United States, 1st vol. p. 73 (or 74).=20

It's not yet clear whether the 13th Amendment was published in = Laws of=20 the United States, 1st Vol., prematurely, by accident, in = anticipation of=20 Virginia's ratification, or as part of a plot to discredit the = Amendment=20 by making it appear that only twelve States had ratified. Whether = the Laws=20 of the United States Vol. 1 (carrying the 13th Amendment) was = re-called or=20 made-up is unknown. In fact, it's not even clear that the = specified volume=20 was actually printed -- the Law Library of the Library of Congress = has no=20 record of its existence.=20

However, because the noted authors reported no further = references to=20 the 13th Amendment after the Presidential letter of February, = 1818, they=20 apparently assumed the ratification process had ended in failure = at that=20 time. If so, they neglected to seek information on the Amendment = after=20 1818, or at the state level, and therefore missed the evidence of=20 Virginia's ratification. This opinion -- assuming that the = Presidential=20 letter of February, 1818, was the last word on the Amendment -- = has=20 persisted to this day.=20

In 1849, Virginia decided to revise the 1819 Civil Code of = Virginia=20 (which had contained the 13th Amendment for 30 years). It was at = that time=20 that one of the code's revisers (a lawyer named Patton) wrote to = the=20 Secretary of the Navy, William B. Preston, asking if this = Amendment had=20 been ratified or appeared by mistake. Preston wrote to J. M. = Clayton, the=20 Secretary of State, who replied that this Amendment was not = ratified by a=20 sufficient number of States. This conclusion was based upon the=20 information that Secretary of State John Quincy Adams had provided = the=20 House of Representatives in 1818, before Virginia's ratification = in 1819.=20 (Even today, the Congressional Research Service tells anyone = asking about=20 this 13th Amendment this same story: that only twelve states, not = the=20 requisite thirteen, had ratified.)=20

However, despite Clayton's opinion, the Amendment continued to = be=20 published in various states and territories for at least another = eleven=20 years (the last known publication was in the Nebraska territory in = 1860).=20

Once again the 13th Amendment was caught in the riptides of = American=20 politics. South Carolina seceded from the Union in December of = 1860,=20 signaling the onset of the Civil War. In March, 1861, President = Abraham=20 Lincoln was inaugurated.=20

Later in 1861, another proposed amendment, also numbered = thirteen, was=20 signed by President Lincoln. This was the only proposed amendment = that was=20 ever signed by a president. That resolve to amend read:=20

"ARTICLE THIRTEEN, No amendment shall be made to the=20 Constitution which will authorize or give to Congress the power = to=20 abolish or interfere, within any State, with the domestic = institutions=20 thereof, including that of persons held to labor or service by = the laws=20 of said State."

In other words, President Lincoln had signed a resolve that = would have=20 permitted slavery, and upheld states' rights. Only one State, = Illinois,=20 ratified this proposed amendment before the Civil War broke out in = 1861.=20

In the tumult of 1865, the original 13th Amendment was finally = removed=20 from the US Constitution. On January 31, another 13th Amendment = (which=20 prohibited slavery in Sect. 1, and ended states' rights in Sect. = 2) was=20 proposed. On April 9, the Civil War ended with General Lee's = surrender. On=20 April 14, President Lincoln (who, in 1861, had signed the proposed = Amendment that would have allowed slavery and states rights) was=20 assassinated. On December 6, the "new" 13th Amendment loudly = prohibiting=20 slavery (and quietly surrendering states rights to the federal = government)=20 was ratified, replacing and effectively erasing the original 13th=20 Amendment that had prohibited "titles of nobility" and "honors".=20

SIGNIFICANCE OF REMOVAL

To create the present oligarchy (rule by lawyers) which the = U.S. now=20 endures, the lawyers first had to remove the 13th "titles of = nobility"=20 Amendment that might otherwise have kept them in check. In fact, = it was=20 not until after the Civil War and after the disappearance of this = 13th=20 Amendment, that American bar associations began to appear and = exercise=20 political power.=20

Since the unlawful deletion of the 13th Amendment, the newly = developing=20 bar associations began working diligently to create a system = wherein=20 lawyers took on a title of privilege and nobility as "Esquires" = and=20 received the "honor" of offices and positions (like district = attorney or=20 judge) that only they could hold. By virtue of these titles, = honors, and=20 special privileges, lawyers have assumed political and economic = advantages=20 over the majority of U.S. citizens. Through these privileges, they = have=20 nearly established a two-tiered citizenship in this nation where a = majority may vote, but only a minority (lawyers) may run for = political=20 office. This two-tiered citizenship is clearly contrary to = Americans'=20 political interests, the nation's economic welfare, and the = Constitution's=20 egalitarian spirit.=20

The significance of this missing 13th Amendment and its = deletion from=20 the Constitution is this: Since the amendment was never lawfully=20 nullified, it is still in full force and effect and is the Law of = the=20 land. If public support could be awakened, this missing Amendment = might=20 provide a legal basis to challenge many existing laws and court = decisions=20 previously made by lawyers who were unconstitutionally elected or=20 appointed to their positions of power; it might even mean the = removal of=20 lawyers from the current US government system.=20

At the very least, this missing 13th Amendment demonstrates = that two=20 centuries ago, lawyers were recognized as enemies of the people = and=20 nation. Some things never change.=20

THOSE WHO CANNOT RECALL HISTORY .... Heed warnings of Founding = Fathers

In his farewell address, George Washington warned of "... = change by=20 usurpation; for through this, in one instance, may be the = instrument of=20 good, it is the customary weapon by which free governments are = destroyed."=20

In 1788, Thomas Jefferson proposed that we have a Declaration = of Rights=20 similar to Virginia's. Three of his suggestions were "freedom of = commerce=20 against monopolies, trial by jury in all cases" and "no = suspensions of the=20 habeas corpus."=20

No doubt Washington's warning and Jefferson's ideas were = dismissed as=20 redundant by those who knew the law. Who would have dreamed the = U.S. legal=20 system would become a monopoly against freedom when that was one = of the=20 primary causes for the rebellion against King George III?=20

Yet, the denial of trial by jury is now commonplace in the U.S. = courts,=20 and habeas corpus, for crimes against the state, is suspended. (By = crimes=20 against the state, I refer to "political crimes" where there is no = injured=20 party and the corpus delicti [evidence] is equally imaginary.)=20

The authority to create monopolies was judge-made law by = Supreme Court=20 Justice John Marshall, et al during the early 1800's. Judges (and = lawyers)=20 granted to themselves the power to declare the acts of the People=20 "un-Constitutional", waited until their decision was = grandfathered, and=20 then granted themselves a monopoly by creating the bar = associations.=20

Although Article= VI=20 of the U.S. Constitution mandates that executive orders and = treaties=20 are binding upon the states ("... and the Judges in every State = shall be=20 bound thereby, any Thing in the Constitution or Laws of any State = to the=20 Contrary notwithstanding."), the supreme Court has held that the = Bill of=20 Rights is not binding upon the states, and thereby resurrected = many of the=20 complaints enumerated in the Declaration = of=20 Independence, exactly as Thomas Jefferson foresaw in "Notes on = the=20 State of Virginia", Query 17, p. 161, 1784:=20

"Our rulers will become corrupt, our people = careless... the=20 time for fixing every essential right on a legal basis is [now] = while=20 our rulers are honest, and ourselves united. From the conclusion = of this=20 war we shall be going downhill. It will not then be necessary to = resort=20 every moment to the people for support. They will be forgotten,=20 therefore, and their rights disregarded. They will forget = themselves,=20 but in the sole faculty of making money, and will never think of = uniting=20 to effect a due respect for their rights. The shackles, = therefore, which=20 shall not be knocked off at the conclusion of this war, will = remain on=20 us long, will be made heavier and heavier, till our rights shall = revive=20 or expire in a convulsion."

We await the inevitable convulsion. Only two questions remain:=20

  • Will we fight to revive our rights? Or,=20
  • Will we meekly submit as our last remaining rights expire,=20 surrendered to the courts, and perhaps to a "new world order"? =

MORE EDITIONS FOUND

As we go to press, I've received information from a researcher = in=20 Indiana, and another in Dallas, who have found five more editions = of=20 statutes that include the Constitution and the missing 13th = Amendment.=20 These editions were printed by Ohio, 1819; Connecticut (one of the = states=20 that voted against ratifying the Amendment), 1835; Kansas, 1861; = and the=20 Colorado Territory, 1865 and 1867.=20

These finds are important because:=20

  1. They offer independent confirmation of Dodge's claims; and=20
  2. They extend the known dates of publication from Nebraska = 1860=20 (Dodge's most recent find), to Colorado in 1867.

The most intriguing discovery was the 1867 = Colorado=20 Territory edition which includes both the "missing" 13th Amendment = and the=20 current 13th Amendment (freeing the slaves), on the same page. The = current=20 13th Amendment is listed as the 14th Amendment in the 1867 = Colorado=20 edition.=20

This investigation has followed a labyrinthine path that = started with=20 the questions about how the U.S. courts evolved from a temple of = the Bill=20 of Rights to the current star chamber and whether this situation = had=20 anything to do with retiring chief Justice Burger's warning that = we were=20 "about to lose our Constitution". My seven year investigation has = been=20 fruitful beyond belief; the information on the missing 13th = Amendment is=20 only a "drop in the bucket" of the information I have discovered. = Still,=20 the research continues, and by definition, is never truly = complete.=20

ARGUMENTS

Imagine a nation which prohibited at least some lawyers from = serving in=20 government. Imagine a government prohibited from writing laws = granting=20 "honors" (special privileges, immunities, or advantages) to = individuals,=20 groups, or government officials. Imagine a government that could = only=20 write laws that applied to everyone, even themselves, equally.=20

It's never been done before. Not once. But it has been tried: = In 1810=20 the Congress of the United States proposed a 13th Amendment to the = Constitution that might have given us just that sort of equality = and=20 political paradise. The story begins (again) in 1983, when David = Dodge and=20 Tom Dunn discovered an 1825 edition of the Maine Civil Code which=20 contained the U.S. Constitution and a 13th Amendment which no = longer=20 appears on the Constitution:=20

"If any citizen of the United States shall accept, = claim,=20 receive, or retain any title of nobility or honor, or shall = without the=20 consent of Congress, accept and retain any present, pension, = office, or=20 emolument of any kind whatever, from any emperor, king, prince, = or=20 foreign power, such person shall cease to be a citizen of the = United=20 States, and shall be incapable of holding any office of trust or = profit=20 under them, or either of them."

This Amendment would have restricted at least some lawyers from = serving=20 in government, and would prohibit legislators from passing any = special=20 interest legislation, tax breaks, or special immunities for = anyone, not=20 even themselves. It might have guaranteed a level of political = equality in=20 this nation that most people can't even imagine. Since 1983, = researchers=20 have uncovered evidence that:=20

  1. The 13th Amendment prohibiting "titles of nobility" and = "honors"=20 appeared in at least 30 editions of the Constitution of the = United=20 States which were printed by at least 14 states or territories = between=20 1819 and 1867; and=20
  2. This amendment quietly disappeared from the Constitution = near the=20 end of the Civil War.

Either this Amendment was:=20

  1. Unratified and mistakenly published for almost 50 years; or=20
  2. Ratified in 1819, and then illegally removed from the = Constitution=20 by 1867.

If this 13th Amendment was unratified and mistakenly published, = the=20 story has remained unnoticed in American history for over a = century. If=20 so, it's at least a good story -- an extraordinary historical = anecdote.=20

On the other hand, if Dodge is right and the Amendment was = truly=20 ratified, an Amendment has been subverted from our Constitution. = If so,=20 this "missing" Amendment would still be the Law, and this story = could be=20 one of the most important stories in American History. Whatever = the=20 answer, it's certain that something extraordinary happened to our=20 Constitution between 1819 and 1867.=20

PROS AND CONS (for Ratification)

Of course, there are two sides to this issue. David Dodge, the=20 principal researcher, argues that this 13th Amendment was ratified = in 1819=20 and then subverted from the Constitution near the end of the Civil = War.=20 U.S. Senator George Mitchell of Maine, and Mr. Dane Hartgrove = (Acting=20 Assistant Chief, Civil Reference Branch of the National Archives) = have=20 argued that the Amendment was never properly ratified and only = published=20 in error.=20

There is some agreement. Both sides agree the Amendment was = proposed by=20 Congress in 1810. Both sides also agree that the proposed = Amendment=20 required the support of at least thirteen states to be ratified. = Both=20 sides agree that between 1810 and 1812 twelve states voted to = support=20 ratification. The pivotal issue is whether Virginia ratified or = rejected=20 the proposed Amendment. Dodge contends Virginia voted to support = the=20 Amendment in 1819, and so the Amendment was truly ratified and = should=20 still be a part of our Constitution. Senator Mitchell and Mr. = Hartgrove=20 disagree, arguing that Virginia did not ratify. Unfortunately, = several=20 decades of Virginia's legislative journals were misplaced or = destroyed=20 (possibly during the Civil War; possibly during the 1930's).=20

Consequently, neither side has found absolute proof that the = Virginia=20 legislature voted for (or against) ratification. A series of = letters=20 exchanged in 1991 between David Dodge, Sen. Mitchell, and Mr. = Hartgrove=20 illuminate the various points of disagreement. After Dodge's = initial=20 report of a "missing" Amendment in the 1825 Maine Civil Code, Sen. = Mitchell explained that this edition was a one-time publishing = error:=20

"The Maine Legislature mistakenly printed the proposed = Amendment in the Maine Constitution as having been adopted. As = you know,=20 this was a mistake, as it was not ratified."

Further,=20

"All editions of the Maine Constitution printed after = 1820=20 [sic] exclude the proposed amendment; only the originals contain = this=20 error."

Dodge dug deeper, found other editions (there are 30, to date) = of state=20 and territorial civil codes that contained the missing Amendment, = and=20 thereby demonstrated that the Maine publication was not a = "one-time"=20 publishing error.=20

YES VIRGINIA, THERE IS A RATIFICATION

After examining Dodge's evidence of multiple publications of = the=20 "missing" Amendment, Sen. Mitchell and Mr. Hartgrove conceded the=20 Amendment had been published by several states and was ratified by = twelve=20 of the seventeen states in the Union in 1810. However, because the = Constitution requires that three-quarters of the states vote to = ratify an=20 Amendment. Mitchell and Hartgrove insisted that the 13th Amendment = was=20 published in error because it was passed by only twelve, not = thirteen=20 States. Dodge investigated which seventeen states were in the = Union at the=20 time the Amendment was proposed, which states had ratified, which = states=20 had rejected the amendment, and determined that the issue hung on = whether=20 one last state (Virginia) had or had not, voted to ratify.=20

After several years of searching the Virginia state archive, = Dodge made=20 a crucial discovery: In Spring of 1991, he found a misplaced copy = of the=20 1819 Virginia Civil Code which included the "missing" 13th = Amendment.=20 Dodge notes that, curiously, "There is no public record that shows = this=20 book [the 1819 Virginia Civil Code] exists. It is not catalogued = as a=20 holding of the Library of Congress nor is it in the National Union = Catalogue. Neither the state law library nor the law school in = Portland=20 were able to find any trace that this book exists in any of their = computer=20 programs."=20

Dodge sent photo-copies of the 1819 Virginia Civil Code to Sen. = Mitchell and Mr. Hartgrove, and explained that, "Under legislative = construction, it is considered prima facie evidence that what is = published=20 as the official acts of the legislature are the official acts." By = publishing the Amendment as ratified in an official publication, = Virginia=20 demonstrated that they:=20

  1. Knew they were the last state whose vote was necessary to = ratify=20 this 13th Amendment;=20
  2. Had voted to ratify the Amendment; and=20
  3. Were publishing the Amendment in a special edition of their = Civil=20 Code as an official notice to the world that the Amendment had = indeed=20 been ratified.

Dodge concluded, "Unless there is competing evidence to the = contrary,=20 it must be held that the Constitution of the United States was = officially=20 amended to exclude from its body of citizens any who accepted or = claimed a=20 title of nobility or accepted any special favors. Foremost in this = category of ex-citizens are bankers and lawyers."=20

RATIONALES (for Ratification)

Undeterred, Sen. Mitchell wrote that, "Article XIII did not = receive the=20 three-fourths vote required from the states within the time limit = to be=20 ratified." (Although his language is imprecise, Sen. Mitchell = seems to=20 concede that although the Amendment had failed to satisfy the = "time=20 limit", the required three-quarters of the states did vote to = ratify.)=20

Dodge replies: "Contrary to your assertion.., there was no time = limit=20 for amendment ratification in 1811. Any time limit is now = established by=20 Congress in the Resolves for proposed amendments."=20

In fact, ratification time limits didn't start until 1917, when = Se= ct.=20 3 of the Eighteenth Amendment stated that, "This Article shall = be=20 inoperative unless it shall have been ratified within seven years = from the=20 date of submission ... to the States by Congress." A similar time = limit is=20 now included on other proposed Amendments, but there was no = specified time=20 limit when the 13th Amendment was proposed in 1810 or ratified in = 1819.=20

Sen. Mitchell remained determined to find some rationale, = somewhere,=20 that would defeat Dodge's persistence. Although Sen. Mitchell = implicitly=20 conceded that his "published by error" and "time limit" arguments = were=20 invalid, he continued to grope for reasons to dispute the = ratification:=20 "... regardless of whether the state of Virginia did ratify the = proposed=20 Thirteenth Amendment... on March 12, 1819, this approval would not = have=20 been sufficient to amend the Constitution.=20

In 1819, there were twenty-one states in the United States and = any=20 amendment would have required approval of sixteen states to amend = the=20 Constitution. According to your own research, Virginia would have = only=20 been the thirteenth state to approve the proposed amendment." = Dodge=20 replies: "Article= =20 V [amendment procedures] of the Constitution is silent on the = question=20 of whether or not the framers meant three-fourths of the states at = the=20 time the proposed amendment is submitted to the states for = ratification,=20 or three-fourths of the states that exist at some future point in = time.=20 Since only the existing states were involved in the debate and = vote of=20 Congress on the Resolve proposing an Amendment, it is reasonable = that=20 ratification be limited to those States that took an active part = in the=20 Amendment process."=20

Dodge demonstrated this rationale by pointing out that, = "President=20 Monroe had his Secretary of State... [ask the] governors of = Virginia,=20 South Carolina, and Connecticut, in January, 1818, as to the = status of the=20 amendment in their respective states. The four new states = (Louisiana,=20 Indiana, Mississippi, and Illinois) that were added to the union = between=20 1810 and 1818 were not even considered."=20

From a modern perspective, it seems strange that not all states = would=20 be included in the ratification process. But bear in mind that = this=20 perspective is based on life in a stable nation that's added only = five new=20 states in this century -- about one every eighteen years. However, = between=20 1803 and 1821 (when the 13th Amendment ratification drama = unfolded), they=20 added eight states -- almost one new state every two years. This = rapid=20 national growth undoubtedly fostered national attitudes different = from our=20 own. The government had to be filled with the euphoria of a = growing=20 Republic that expected to quickly add new states all the way to = the=20 Pacific Ocean and the Isthmus of Panama. The government would not=20 willingly compromise or complicate that growth potential with = procedural=20 obstacles; to involve every new state in each on-going = ratification could=20 inadvertently slow the nation's growth.=20

For example, if a territory petitioned to join the Union while = an=20 Amendment was being considered, its access to statehood might = depend on=20 whether the territory expected to ratify or reject a proposed = amendment.=20 If the territory was expected to ratify the proposed Amendment = government,=20 officials who favored the Amendment might try to accelerate the=20 territory's entry into the Union. On the other hand, those opposed = to the=20 Amendment might try to slow or even deny a particular territory's=20 statehood. These complications could unnecessarily slow the entry = of new=20 states into the nation, or restrict the nation's ability to pass = new=20 Amendments. Neither possibility could appeal to politicians.=20

Whatever the reason, the House of Representatives resolved to = ask only=20 Connecticut, South Carolina, and Virginia for their decision on = ratifying=20 the 13th Amendment -- they did not ask for the decisions of the = four new=20 states. Since the new states had Representatives in the House who = did not=20 protest when the resolve was passed, it's apparent that even the = new=20 states agreed that they should not be included in the ratification = process.=20

In 1818, the President, the House of Representatives, the = Secretary of=20 State, the four "new" states, and the seventeen "old" states, all = clearly=20 believed that the support of just thirteen states was required to = ratify=20 the 13th Amendment. That being so, Virginia's vote to ratify was = legally=20 sufficient to ratify the "missing' Amendment in 1819 (and would = still be=20 so today).=20

INSULT TO INJURY

Apparently persuaded by Dodge's various arguments and proofs = that the=20 "missing" 13th Amendment had satisfied the Constitutional = requirements for=20 ratification, Mr. Hartgrove (National Archives) wrote back that = Virginia=20 had nevertheless failed to satisfy the bureaucracy's procedural=20 requirements for ratification:=20

"Under current legal provisions, the Archivist of the = United=20 States is empowered to certify that he has in his custody the = correct=20 number of state certificates of ratification of a proposed=20 Constitutional amendment to constitute its ratification by the = United=20 States of America as a whole. In the nineteenth century, that = function=20 was performed by the Secretary of State. Clearly, the Secretary = of State=20 never received a certificate of ratification of the title of = nobility=20 amendment from the Commonwealth of Virginia, which is why that = amendment=20 failed to become the Thirteenth Amendment to the United States=20 Constitution."

This is an extraordinary admission. Mr. Hartgrove implicitly = concedes=20 that the 13th Amendment was ratified by Virginia and satisfied the = Constitution's ratification requirements. However, Hartgrove then = insists=20 that the ratification was nevertheless justly denied because the = Secretary=20 of State was not properly notified with a "certificate of = ratification".=20 In other words, the government's last, best argument that the 13th = Amendment was not ratified boils down to this:=20

Though the Amendment satisfied Constitutional requirement for=20 ratification, it is nonetheless missing from our Constitution = simply=20 because a single, official sheet of paper is missing in = Washington.=20

Mr. Hartgrove implies that despite the fact that three-quarters = of the=20 States in the Union voted to ratify an Amendment, the will of the=20 legislators and the people of this nation should be denied because = somebody screwed up and lost a single "certificate of = ratification". This=20 "certificate" may be missing because either:=20

  1. Virginia failed to file a proper notice; or=20
  2. The notice was "lost in the mail"; or=20
  3. The notice was lost, unrecorded, misplaced, or intentionally = destroyed, by some bureaucrat in Washington D.C.

This final excuse insults every American's political rights, = but Mr.=20 Hartgrove nevertheless offers a glimmer of hope: If the National = Archives=20 "received a certificate of ratification of the title of nobility = amendment=20 from the Commonwealth of Virginia, we would inform Congress and = await=20 further developments." In other words, the issue of whether this = 13th=20 Amendment was ratified and is, or is not, a legitimate Amendment = to the=20 U.S. Constitution, is not merely a historical curiosity -- the=20 ratification issue is still alive.=20

But most importantly, Hartgrove implies that the only remaining = argument against the 13th Amendment's ratification is a procedural = error=20 involving the absence of a "certificate of ratification".=20

Dodge countered Hartgrove's procedure argument by citing some = of the=20 ratification procedures recorded for other states when the 13th = Amendment=20 was being considered. He notes that according to the Journal of = the House=20 of Representatives. 11th Congress, 2nd Session, at p. 241, a = "letter" (not=20 a "certificate of ratification") from the Governor of Ohio = announcing=20 Ohio's ratification was submitted not to the Secretary of State = but rather=20 to the House of Representatives where it "was read and ordered to = lie on=20 the table." Likewise, "The Kentucky ratification was also returned = to the=20 House, while Maryland's earlier ratification is not listed as = having been=20 returned to Congress."=20

The House Journal implies that since Ohio and Kentucky were not = required to notify the Secretary of State of their ratification = decisions,=20 there was likewise no requirement that Virginia file a = "certificate of=20 ratification" with the Secretary of State. Again, despite = arguments to the=20 contrary, it appears that the "missing" Amendment was = Constitutionally=20 ratified and should not be denied because of some possible = procedural=20 error.=20

QUICK, MEN! TO THE ARCHIVES!

Each of Sen. Mitchell's and Mr. Hartgrove's arguments against=20 ratificationbhave been overcome or badly weakened. Still, some of = the=20 evidence supporting ratification is inferential; some of the = conclusions=20 are only implied. But it's no wonder that there's such an austere=20 sprinkling of hard evidence surrounding this 13th Amendment:=20

According to The Gazette (5/10/91), the Library of Congress has = 349,402=20 un-catalogued rare books and 13.9 million un-catalogued rare = manuscripts.=20 The evidence of ratification seems tantalizingly close but remains = buried=20 in those masses of un-catalogued documents, waiting to be found. = It will=20 take some luck and some volunteers to uncover the final proof.=20

We have an Amendment that looks like a duck, walks like a duck, = and=20 quacks like a duck. But because we have been unable to find the = eggshell=20 from which it hatched in 1819, Sen. Mitchell and Mr. Hartgrove = insist we=20 can't ... quite ... absolutely prove it's a duck, and therefore, = the=20 government is under no obligation to concede it's a duck. Maybe = so. But if=20 we can't prove it's a duck, they can't prove it's not. If the = proof of=20 ratification is not quite conclusive, the evidence against = ratification is=20 almost nonexistent, largely a function of the government's refusal = to=20 acknowledge the proof. We are left in the peculiar position of = boys facing=20 bullies in the schoolyard. We show them proof that they should = again=20 include the "missing" 13th Amendment on the Constitution; they = sneer and=20 jeer and taunt us with cries of "make us". Perhaps we shall.=20

It's worth noting that Rick Donaldson, another researcher, = uncovered=20 certified copies of the 1865 and 1867 editions of the Colorado = Civil Codes=20 which also contain the missing Amendment. Although these editions = were=20 stored in the Colorado state archive, their existence was = previously=20 un-catalogued and unknown to the Colorado archivists.=20

This raises a fantastic possibility. If there's insufficient = evidence=20 that Virginia did ratify in 1819, there is no evidence that = Virginia did=20 not. Therefore, since there was no time limit specified when the = Amendment=20 was proposed, and since the government clearly believed only = Virginia's=20 vote remained to be counted in the ratification issue, the current = state=20 legislature of Virginia could theoretically vote to ratify the = Amendment,=20 send the necessary certificates to Washington, and thereby add the = Amendment to the Constitution.=20

Was it ratified? There is a lot of evidence that it was. Could = all of=20 the following publications have been in error?=20

The following states and/or territories have published the = Titles of=20 Nobility amendment in their official publications as a ratified = amendment=20 to the Constitution of the United States:=20

Colorado 1861, 1862, 1864, 1865, 1866, 1867, 1868
Connecticut 1821, 1824, 1835, 1839
[?] Dakota 1862, 1863, 1867
Florida 1823, 1825, 1838
Georgia 1819, 1822, 1837, 1846
Illinois 1823, 1825, 1827, 1833, 1839, dis. 1845
Indiana 1824, 1831, 1838
Iowa 1839, 1842, 1843
Kansas 1855, 1861, 1862, 1868
Kentucky 1822
Louisiana 1825, 1838/1838 [two separate publications]
Maine 1825, 1831
Massachusetts 1823
Michigan 1827, 1833
Mississippi 1823, 1824, 1839
Missouri 1825, 1835, 1840, 1841, 1845*
Nebraska 1855, 1856, 1857, 1858, 1859, 1860, 1861, 1862, = 1873
North Carolina 1819, 1828
Northwestern Territories 1833
Ohio 1819, 1824, 1831, 1833, 1835, 1848
Pennsylvania 1818, 1824, 1831
Rhode Island 1822
Virginia 1819
Wyoming 1869, 1876
Totals: 24 States in 78 separate official government = publications.
Note: "Pimsleur's", a checklist of legal = publications,=20 does not list many of the above volumes.=20

* This volume was published twice in 1845. The first = published=20 the "Titles of Nobility" amendment, the second was published = right=20 after Congress set the requirements for Missouri's admission = as a=20 State. The "Titles of Nobility" amendment was replaced with = a=20 notation that this amendment was printed in error in 1835.=20

ADDITIONAL PUBLICATIONS:

"The History of the World"=20
Samuel Maunder, Harper, New York, 1850, vol. 2, p.462. = Republished=20 by Wm. Burtis, Baltimore, 1856, vol. 2, p.462.=20
"The Rights of an American Citizen"=20
Benj. Oliver, Counsellor at Law, Boston, 1832, p. 89.=20
"Laws of the United States of America"=20
Bioren and Duane, Philadelphia & Washington, 1815, vol. = 1, p.74.=20 [See: Note]=20
"The American Politician"=20
M. Sears, Boston, 1842, p.27.=20
"Constitution of the United States"=20
C.A. Cummings, Lynn, Massachusetts, not dated, p.35.=20
Political Text Book Containing the Declaration of = Independence"=20
Edward Currier, Blake, Holliston, Mass. 1841, p.129.=20
"Brief Exposition of the Constitution of the United States = for the=20 use of Common Schools"=20
John S. Hart, A.M. (Principal of Philadelphia High School = and=20 Professor of Moral Mental and Political Science), Butler and = Co.,=20 Philadelphia, 1850, p.100.=20
"Potter's Justice"=20
H. Potter, U.S. District Court Judge, Raleigh, North = Carolina, 1828,=20 p.404, 2nd Edition [the 1st Ed., 1816, does not have "Titles of=20 Nobility"].

Note: The "Laws of the United States" was published by John = Duane.=20 Without doubt, Duane was aware of Virginia's plan to ratify this = amendment=20 which targeted, amongst other things, the emolument of banking and = the=20 agents of foreign banking interests, the attorneys. Currency = manipulation=20 led to the failure of numerous banks and in turn to many a = personal=20 bankruptcy, including that of Thomas Jefferson. The allegiance of=20 attorneys** has always been with the money state, whether pharaoh, = caesar,=20 monarch or corporate monopoly.=20

** See: "Acts of Virginia", Feb. 20, 1812, p.143.=20

The Court, in "Horst v. Moses", 48 Alabama 129, 142 (1872) gave = the=20 following description of a title of nobility:=20

To confer a title of nobility, is to nominate to an = order of=20 persons to whom privileges are granted at the expense of the = rest of the=20 people. It is not necessarily hereditary, and the objection to = it rises=20 more from the privileges supposed to be attached than to the = otherwise=20 empty title or order. These components are forbidden separately = in the=20 terms "privilege", "honor", and "emoluments", as they are = collectively=20 in the term "title of nobility". The prohibition is not affected = by any=20 consideration paid or rendered for the grant. =
"Bouvier's Law=20 Dictionary", 15th Edition, vol. 1 (1885) lists the due process = amendments=20 as 5 and 15 [15 was re-numbered to 14] on p.571.=20

The prohibition of titles of nobility stops the claim of = eminent domain=20 through fictions of law. Eminent domain is the legal euphemism for = expropriation, and unreasonable seizure given sanction by the = targets of=20 this amendment.=20

The debate goes on. The mystery continues to unfold. The answer = lies=20 buried in the archives. If you are close to a state archive or = large=20 library anywhere in the USA, please search for editions of the = U.S.=20 Constitution printed between 1819 and 1870.=20

If you will, please check your state's archives and libraries = to review=20 any copies of the Constitution printed prior to the Civil War, or = any=20 books containing prints of the Constitution before 1870. If you = locate=20 anything related to this project we would appreciate hearing from = you so=20 we may properly fulfill this effort of research.=20

If you find more evidence of the "missing" 13th Amendment = please=20 contact:

David Dodge
POB 985
Taos, New Mexico, 87571

This version of this research text by David Dodge was edited = for=20 clarity, and hand-coded in HTML on July 4, A.D. 2002, by The = Lawful Path,=20 http://www.lawfulpath.com/, and=20 was adapted from a prior version placed on the web by Barefoot Bob, May 5, = 1996.=20

(Isaiah 33:22) For the Lord is our judge, the Lord = is our=20 lawgiver, the Lord is our king; he will save us.

The Lawful Path     -    =20 http://lawfulpath.com

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