Tuesday, March 23, 2010

Titles of Nobility - "Lawyers, get out of politics!"

I found it! The original 13th Amendment was ratified by Virginia in 1819. At the very end of this document, on page 30 of the 1819 Virginia Codes, you'll read this:  
ARTICLE 13.
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. 

Approval of the Amendment by thirteen of the seventeen states had been needed for ratification. Here's something from an article at the website "American History, from Ratification to Reconstruction," found under the category "Essays" and titled Paradise Lost, Ratification Found.
There is question as to whether Virginia ever formally notified the Secretary of State that they had ratified this 13th Amendment. Some have argued that because such notification was not received (or at least, not recorded), the Amendment was therefore not legally ratified. However, printing by a legislature is prima facie evidence of ratification. Further, there is no Constitutional requirement that the Secretary of State, or anyone else, be officially notified to complete the ratification process. The Constitution only requires that three- fourths of the states ratify for an Amendment to be added to the Constitution.
You'll find so many interesting essays at that website, most or all of them by David Dodge of Maine I believe. Check it out!

3 comments:

  1. Let us not forget U.S. Const. art. IV § 1 "Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State."
    Therefore, when Virgina Published its revised code on March 12, 1819 included with the U.S. Const. and all duly ratified articles of amendments including the 13th, which was recognized by the other several states as the Supreme Law of the Land which separate publications by these several states> http://www.amendment-13.org/publications.html is evidencing thier acknowledgement of acceptance to Virginia's Ratification by Publication by upholding U.S. Const. art. IV § 1 and giving Virgina its full faith and credit for its public act and continuing to honor it by thier separate Publications in thier respective States.

    And for those who would argue that the requisite number of states did not ratify it because by March 12, 1819 four more states were admitted to the union, but those four states weren't around when the amendment was proposed in 1810. so how could they ratify something that they knew nothing about? which had not been proposed to them? they couldn't.(let's not forget we had alot going on when these states were admitted like the war of 1812 when england burned down the library of congress) but these states did eventually come around to honoring the full faith and credit of Virgina by thier state publications. It's the Constitutionality of events following the ratification of amend. art. XIII in 1819 that is questionable beginning with its attempted supression see> http://www.sweetliberty.org/fourteenth.amend.htm

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