Forgotten Amendment

The Articles of Confederation, Article VI states: "nor shall the united States in Congress assembled, or any of them, grant any Title of nobility."

The Constitution for the united States, in Article, I Section 9, clause 8 states: "No Title of nobility shall be granted by the united States; and no Person holding any Office or Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince, or foreign State."

Also, Section 10, clause 1 states, "No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque or Reprisal; coin Money; emit Bills of Credit; make any Thing but Gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto of Law impairing the Obligation of Contracts, or grant any Title of nobility."

There was however, no measurable penalty for violation of the above Sections, Congress saw this as a great threat to the freedom of Americans, and our Republican form of government. In January 1810 Senator Reed proposed the Thirteenth Amendment, and on April 26, 1810 was passed by the Senate 26 to 1 (1st-2nd session, p. 670) and by the House 87 to 3 on May 1, 1810 (2nd session, p. 2050) and submitted to the seventeen states for ratification. The Amendment reads as follows:

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

From An "American Dictionary of the English Language, 1st Edition," Noah Webster, (1828) defines nobility as: "3. The qualities which constitute distinction of rank in civil society, according to the customs or laws of the country; that eminence or dignity which a man derives from birth or title conferred, and which places him in an order above common men."; and, "4. The persons collectively who enjoy rank above commoners; the peerage."

The fore-mentioned Sections in the Constitution for the united States, and the above proposed Thirteenth Amendment sought to prohibit the above definition, which would give any advantage or privilege to some citizens an unequal opportunity to achieve or exercise political power. Thirteen of the seventeen states listed below understood the importance of this Amendment.

Date admitted Date voted for Date voted against to the Union the Amendment the Amendment

1788 Maryland Dec. 25, 1810

1792 Kentucky Jan. 31, 1811

1803 Ohio Jan. 31, 1811

1787 Delaware Feb. 2, 1811

1787 Pennsylvania Feb. 6, 1811

1787 New Jersey Feb. 13, 1811

1791 Vermont Oct. 24, 1811

1796 Tennessee Nov. 21, 1811

1788 Georgia Dec. 13, 1811

1789 North Carolina Dec. 23, 1811

1788 Massachusetts Feb. 27, 1812

1788 New Hampshire Dec. 10, 1812

1788 Virginia March 12, 1819

1788 New York March 12, 1811

1788 Connecticut May 1813

1788 South Carolina December 7, 1813

1790 Rhode Island September 15, 1814

On March 10, 1819, the Virginia legislature passed Act No. 280
(Virginia Archives of Richmond, "misc." file, p. 299 for micro- film):

"Be it enacted by the General Assembly, that there shall be published an edition of the laws of this Commonwealth in which shall be contained the following matters, that is to say: the Constitution of the united States and the amendments thereto..."

The official day of ratification was March 12, 1819, this was the date of re-publication of the Virginia Civil Code. Virginia ordered 4,000 copies, almost triple their usual order. Word of Virginia's 1819 ratification spread throughout the states and both Rhode Island and Kentucky published the new Amendment in 1822. Ohio published the new Amendment in 1824. Maine ordered 10,000 copies of the Constitution with the new Amendment to be printed for use in the public schools, and again in 1831 for their Census Edition. Indiana published the new Amendment in the Indiana Revised Laws, of 1831 on P. 20. The Northwest Territories published the new Amendment in 1833; Ohio published the new Amendment again in 1831 and in 1833. Connecticut, one of the states that voted against the new Amendment published the new Amendment in 1835. Wisconsin Territory published the new Amendment in 1839; Iowa Territory published the new Amendment in 1843; Ohio published the new Amendment again, in 1848; Kansas published the new Amendment in 1855; and Nebraska Territory published the new Amendment six years in a row from 1855 to 1860. Colorado Territory published the new Amendment in 1865 and again 1867, in the 1867 printing, the present Thirteenth Amendment (slavery Amendment) was listed as the Fourteenth Amendment. The repeated reprinting of the Amended united States Constitution is conclusive evidence of its passage.

Also, as evidence of the new Thirteenth Amendments impending passage; on December 2, 1817 John Quincy Adams, then Secretary of State, wrote to Buck (an attorney) regarding the position Buck had been assigned. The letter reads:

"...if it should be the opinion of this Government that the acceptance on your part of the Commission under which it was granted did not interfere with your citizenship. It is the opinion of the Executive that under the 13th amendment to the constitution by the acceptance of such an appointment from any foreign Government, a citizen of the United States ceases to enjoy that character, and becomes incapable of holding any office of trust or profit under the United States or either of them... J.Q.A.

By virtue of these titles and honors, and special privileges, lawyers have assumed political and economic advantages over the majority of citizens. A majority may vote, but only a minority (lawyers) may run for political office.

After the War of 1812 was concluded the Treaty of Ghent was signed and ratified (footnote 6). In Article 4 of the Treaty, the United States gained what was already given in the Treaty of Paris 1783, namely islands off the U.S. Coast. Also, two men were to be given the power to decide the borders and disagreements, if they could not, the power was to be given to an outside sovereign power and their decision was final and considered conclusive. In Article 9 it is admitted there are citizens and subjects in America. As you have seen, the two terms are interchangeable, synonymous. In Article 10 you will see where the idea for the overthrow of this country came from and on what issue. The issue raised by England was slavery and it was nurtured by the king's emissaries behind the scenes. This would finally lead to the Civil War, even though the Supreme Court had declared the states and their citizens property rights could not be infringed on by the United States government or Congress. This was further declared by the following Presidential quotes, where they declared to violate the states rights would violate the U.S. Constitution. Also, history shows that slavery would not have existed much longer in the Southern states, public sentiment was changing and slavery was quickly disappearing. The Civil War was about destroying property rights and the U.S. Constitution which supported these rights. Read the following quotes of Presidents just before the Civil War:

"I believe that involuntary servitude, as it exists in different States of this Confederacy, is recognized by the Constitution. I believe that it stands like any other admitted right, and that the States were it exists are entitled to efficient remedies to enforce the constitutional provisions." Franklin Pierce Inaugural Address, March 4, 1853 - Messages and Papers of the Presidents, vol. 5.

"The whole Territorial question being thus settled upon the principle of popular sovereignty-a principle as ancient as free government itself-everything of a practical nature has been decided. No other question remains for adjustment, because all agree that under the Constitution slavery in the States is beyond the reach of any human power except that of the respective States themselves wherein it exists." James Buchanan Inaugural Address, March 4, 1857 - Messages and Papers of the Presidents, vol. 5.

"I cordially congratulate you upon the final settlement by the Supreme Court of the United States of the question of slavery in the Territories, which had presented an aspect so truly formidable at the commencement of my Administration. The right has been established of every citizen to take his property of any kind, including slaves, into the common Territories belonging equally to all the States of the Confederacy, and to have it protected there under the Federal Constitution. Neither Congress nor a Territorial legislature nor any human power has any authority to annul or impair this vested right. The supreme judicial tribunal of the country, which is a coordinate branch of the Government, has sanctioned and affirmed these principles of constitutional law, so manifestly just in themselves and so well calculated to promote peace and harmony among the States." James Buchanan, Third Annual Message, December 19, 1859 - Messages and Papers of the Presidents, vol. 5.

So there is no misunderstanding I am not rearguing slavery. Slavery is morally wrong and contrary to God Almighty's Law. In this divisive issue, the true attack was on our natural rights and on the Constitution. The core of the attack was on our right to possess allodial property. Our God given right to own property in allodial was taken away by conquest of the Civil War. If you are free this right cannot be taken away. The opposite of free is slave or subject, we were allowed to believe we were free for about 70 years. Then the king said enough, and had the slavery issue pushed to the front by the northern press, which so formed northern public opinion, that they were willing to send their sons to die in the Civil War.

The southern States were not fighting so much for the slave issue, but for the right to own property, any property. These property rights were granted by the king in the Treaty of 1783, knowing they would soon be forfeited by the American people through ignorance. Do you think you own your house? If you were to stop paying taxes, federal or state, you would soon find out that you were just being allowed to live and pay rent for this house. The rent being the taxes to the king, who supplied the benefit of commerce. A free man not under a monarch, democracy, dictatorship or socialist government, but is under a republican form of government would not and could not have his property taken. Why! The king's tax would not and could not be levied. If the Americans had been paying attention the first 70 years to the subterfuge and corruption of the Constitution and government representatives, instead of chasing the money supplied by the king, the Conquest of this country during the Civil War could have been avoided. George Washington had vision during the Revolutionary War, concerning the Civil War. You need to read it. footnote 7

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