Petition for Writ of Certiorari — Epperly v. United States

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fupremne Cour, US

FIL ER

| OR- fe )) AUG 2 1933

OFFICE OF Tie GLERK |

IN THE SUPREME COURT OF

THE UNITED STATES OF AMERICA

October Term, 1993

Gordon W. Epperly et.al., Petitioners

Ver

United States et.al., Respondents

Petition for Writ of Certiorari to the

Court of Appeals, Ninth Circuit

The United States supreme court has

Jurisdiction under 28 USC 1651,

28 USC 2101(c), and 28 USC 2106

In re Gordon W. Epperly et.al.

Petition for Writ of Certiorari

GORDON W. EPPERLY, et.al.,

in propria persona

c/o P.O. Box 34358

Juneau, Alaska 99803

Telephone: (907) 789-5659

July 30, 1993

e--—

EDITOR'S NOTE

THE FOLLOWING PAGES WERE POOR HARD COPY

AT THE TIME OF FILMING. IF AND WHEN A

BETTER COPY CAN BE OBTAINED, A NEW FICHE

WILL BE ISSUED.

i a il

QUESTIONS PRESENTED

1. Was there a lawful Congress in

session at the time the 14th Amendment to

the United States Constitution was

proposed and submitted to the freely

associated compact states of the united

States of America for ratification?

2. Did the United States Senate

lawfully expel Sen. John P. Stockton of

New Jersey from its Chambers for casting

a "negative vote" on Joint Resolution

No. 48 (proposing the 14th Amendment to

the United States Constitution) and thus

denying New Jersey state of its suffrage

in the Senate [see U.S. Const., I:5:2

and V:1:1]?

3. With the "negative vote" of

Sen. John P. Stockton on Joint Resolution

No. 48; did the United States Senate have

the 2/3 majority vote as required by

U.S. Const., V:1:1 to submit the proposed

14th Amendment to the freely compact

states of the united States of America

for ratification?

4. Does the United States Congress

-~have constitutional authority to compel a

freely compact state of the united States

of America to rescind its "negative"

ratification vote on a proposed Amendment

to the United States Constitution?

5. Is the ratification of

U.S. Constitution, 14th Amendment a

non-justiciable "political question?"

6. Has the 14th Amendment to the

U.S. Constitution been ratified pursuant

to the requirements of Article V and

Article VI of the United States

Constitution?

7. Has the 14th Amendment to the

U.S. Constitution been ratified in

accordance to Sec. 2 of the Act of the

~~

FIFTEENTH CONGRESS, Sess. I, Ch. 80

(15 Stat. 706)?

8. Is the 14th Amendment to the

U.S. Constitution repugnant to the

Constitution of the United States?

Se ee ee ~ er ae ad

"9." Are the “Reconstruction Acts"

Of 1867 laws that were made in pursuant

to the United States Constitution?

10. Does a freely associated compact

State of the united States of America

have authority to rescind its

ratification vote prior to an issuance of

a Proclamation of Ratification?

11. Is the Congressional "Concurrent

Resolution" of July 21, 1868 a law made

in pursuant to the United States

Constitution?

iii

LIST OF PARTIES

The parties for the Petitioners are

Gordon W. Epperly, Esther K. Epperly,

Niels P. Epperly and Bobbi J. Epperly and

the parties for the Respondents are the

~----~> corporate United States, IRS Employee

No. 2981806539 and a number of unknown El

United States employees.

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S/1///

iv

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air tat ove ee

TABLE OF CONTENTS

Page

Questions presented 660664060 ess % i

List of Parties Tek Anpire eee ey aes

_ Appendix Ee ey Pee een vi

Table of Authorities He LRN ‘viii

opinion Below PLES hye PE 2

Jurisdiction $06:0966500 66 dees oaeeeba 3

Constitutional and Statutory

Pm EIOS onic dc divdeccccccces

Jurisdiction of Lower re

Statement of the case ‘et te See ee ee

cei TE TE TO ae (hee eeawe

on nH Wz

Non~Resident Alien ..............

Petition for ReHearing

or ReHearing In Banc ....... 10

Reasons for issuing

Writ of Certiorari Tier ry TS Tree 12

Unsettled Questions for the Court .. 14

i ee ee becuase 24

APPENDIX

Page

., Court Orders and Memorandums ....... A-1

U.S. Court of Appeals Order ..... A-l

~. °.+U.S. Court of Appeals

we wee Memorandum and Order eeee — e@eeese A-3

Sele? “eee Mee

i - -

U.S. District Court

. Memorandum and Order ......... A-12

yD =

Constitutional and Statutory

Provisions Involved ............ A-22

United States Constitution ........ A-22 -

Acts and Resolutions of Congress .. A-32

FIFTEENTH CONGRESS

Seas. L, Ch. 80. csccce ceseeves A-32

THIRTY-NINTH CONGRESS,

BOGS. IX, Che ASR covsvcsess -- A-40

FORTIETH CONGRESS,

Seee. ££, Giie Bee ecscseseseue - A-46

U.S. Congressional Concurrent

Resolution of July 21, 1868 .. A-54

HJR 192 of June 5, 1933

[31 USC 463] wcccccccccccece eee A-56

National Emergencies Act

[P.L. 94-412, 90 Stat. 1255] . A-60

Proclamations Involved ...........-. A-73

Proclamation of Ratification ;

rJuly 20, 2660) sscecccuctacasa ee

vi

APPENDIX (Cont. )

Page

Proclamation of Ratification

[July 28, 1868] .............. A-84

cae OFF ee

////4/

4////

vii

TABLE OF AUTHORITIES

Acts and Statutes of Congress Page

Act of the FIFTEENTH CONGRESS,

Sens. 5, Gc OO dvd ocee 224, 4,

23, 23

~-s

. _ « Alaska Statehood and

a SA a I ee —s Omnibus Acts we eeeee eeeeeeevesece 9

+ x

_Clean Air and Water ae 6

National Emergencies Act

of September 14th, 1976 .. 4, 13,

16, 18

Reconstruction Acts

SF Beer. béveu ws owes s coe. 20, Gy 3

PONE BOE és 0 b.6s 8 8 eh 666 See OO CK 5

Public Laws and U.S. Statutes

15 Stat. F706 wccccedceccsces tii, 4, 24

24: GER. BUS +60 0006005066 iseaeeene ow

50 StUGS. 2208 «ese deosséas oneea @, Ao

Peles S4°61L2 coocossnce (oxeaeaene &, a2

United States Code

28 USC 297

28 USC 1291

eeee#ee#*ese*ee#eeene##e#es eeeoeeneee#2ee#se#s? 9

@eeee*ee7#ee#e#e7ee#e#ee#*ee7e*ee##ee#e#ee#ee#e#e# 5

viii

United States Code (Cont. ) Page

Me We EE ewikbkeeh adeeG oe 2, 23, 29

tthe er 3, 23, 29

Oe Ue BOO. cess deanbcbdidcc 3, 23, 29

Dein 6 ob es es aaa | 17

a WE. MOD ob ade oe nbulawaw eee owing 13

United States Constitution Page

eure, Ws g) POMED 6 sn os oecudéekac ii

ete GOME., EtBtd onc cccccnccceace 17

ems Mas TICES oo vcdcecceewvn. 22

ame TO 6 COBOUS os svc wader 17

Ee a AF

Wome SUMNGs, EBEREREL ook vic ciuecce 3

alee Ss sg BVESED ins x a vaodcwcen ay

Wels COMME. , BVCESh cncccuncceecces 15

. U.S. Const., V:1:1 ...... Baa BAL 32

Uses. Comet... Visis2 cccecee iii, 24, 26

U.S. Const., 1st Amendment ocved, 14

U.S. Const., 10th Amendment ....... 4

U.S. Const., 13th Amendment coe My 22,

ix

United States Constitution (Cont. ) Page

U.S. Const., 14th Amendment . ii, iii,

iv, 4, 8, 10-12, 14-16,

18-20, 21, 24, 26-28

U.S. Const., 15th Amendment ...... 19

U.S. Const., 16th Amendment ...... 27

=" Miscellaneous Authorities

Articles of Confederation ........ 15

Bill of Rights

(0.8. Constitution.) .ccscese 16

Congressional Record

(House - June 13, 1967) ..... 18

Declaration of Independence ...... 18

Cong. Concurrent Resolution

of July 21, 1868 ..... iv, 4, 21

Federal Rules of

Criminal/Civil Procedure .... 14

House Joint Resolution 192

OF June §S, 1933 ccccccccccsese AF

House Concurrent Resolution

No. 208 [Louisiana] ......... 18

Proclamation of Ratification

of July 20th, 1867

and July 28th, 1867 ...... 4, 24

U.S. Supreme Court Rule 13.4 ..... 3

Uniform Commercial Code .......... 14

Page

— ll

Court Cases Page

Brushaber v. Union R.R. Ce.,;

60 L.Ed. 493, 499 Seecsescecece 25

Coleman v. Miller, 307 U.s.

448, 59 Bele 972 e®eeeeeeeees 26

Dred Scott v. Sanford,

..60 US WED ctccenerccccsccccen 19

Dyett v. Turner, 439 P.24 266 .... 18

Hawke v. Smith, 253 us 221,

40 S. Gee 227 ®eeeeeeeeeeeeeee 26

Knoblauch v. C.I.R.,

or Th OO, chnienacacdwerakan 27

Lysiak v. C.I.R., 816 F.2d 311... 28

Marbary v. Madison, 5 US 137,

> Downe Te idbeehun wwddusncuc 25

State v. Phillips, 540 P.2a 926..+ ifs

State of Idaho v. Freeman,

529 F.Supp. 1107 .... 12, 26, 28

U.S. v. Foster, 789 F.2d G37 ences 27

U.S. v. House, 617 F.Supp. 237 ... 28

4/1/74

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xi

IN THE SUPREME COURT OF

THE UNITED STATES OF AMERICA

October Term, 1993

Gordon W. Epperly, et.al., Petitioners

Vv.

United States, et.al., Respondents

Petition for Writ of Certiorari to the

U.S. Court of Appeals, 9th Circuit

The undersigned Gordon W. Epperly for

the Petitioners hereby Petitions the

supreme court for the United States of

America for a Writ of Certiorari to the

United States Court of Appeals, Ninth

Circuit, to review on error the

Memorandums and Orders of that Court that

were entered in the above entitled

proceeding on November 27, 1992 and

June 15, 1993.

OPINION BELOW

There was no Opinion issued below. A

copy of the Memorandum and Order of the

United States Court of Appeals for the

9th Circuit that is herein sought to be

reviewed is Appended hereto.

[Appendix A-3]

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Pe baled

JURISDICTION

The Memorandums and Orders of the

United States Court of Appeals,

9th Circuit, were entered on

November 27, 1992 and June 15, 1993

[Appendix A-1, A-3]. This Supreme court

of the United States of America has

jurisdiction under 28 usc 1651,

28 USC 2101(c), and 28 USC 2106 to review

a final Order of the United States Court

Of Appeals by Writ of Certiorari after a

Petition for ReHearing has been denied

(S.Ct. Rule 13.4). The United States

supreme courts’ judicial powers extending

to cases arising under the Constitution

of the United States and the laws of the

United States is granted by U.S. Const.,

tITs2:1.

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CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED

This case involves U.S. Const.,

Articles I, IV, V, VI and Amendments I,

V, IX, X, XIII, XIV; the "Reconstruction

Acts" of 1867; the "Congressional

Concurrent Resolution" of July 21, 1867;

the July 20th, 1867 and the

July 28th, 1867 “Proclamations of

Ratification" of the 14th Amendment.

This case also involves the Act of the

Fifteenth Congress, Sess. I, Ch. 80

(15 Stat. 706) and the "National

Emergencies Act" of September 14, 1976

(P.L. 94-412, 90 Stat. 1255). These

Constitutional and Statutory provisions

are set out in the Appendix.

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JURISDICTION OF LOWER COURT

The Petitioners, as Proper Persons of

the Republic, brought a Civil action into

the U.S. District Court for the District

of Alaska [NOTE: original Complaint filed

in the District Court for the District of

Columbia] under the concurrent

jurisdictional clauses of the

"Tucker Act" (24 Stat. 505). The

Petitioners appealed from the final Order

of the United States District Court

[Appendix A-12] to the United States

Court of Appeals under the authority of

28 USC 1291.

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STATEMENT OF THE CASE

The case arose out of the following

facts:

WETLANDS - The Petitioners

(Plaintiffs) brought this case into the

U.S. District Court because the

U.S. Corp. of Engineers had classified

the Petitioners’ property as "Wetlands"

under the "U.S. Clean Air and Water Acts"

(codified as a non-positive law of the

United States). It is the belief of the

Petitioners that the U.S. Corp.

of Engineers had exceeded its

jurisdictional authority as Petitioners’

property is not located within a State of

the United States nor does the

United States have any waters (navigable

or otherwise) bordering Petitioners’

property as a prerequisite under the law

for classifying Petitioners’ property as

"Wetlands." The United States

District Court and the United States

- 6 -

Court of Appeals have ruled that no

regulatory action had been taken by the

U.S. Corp. of Engineers and thus the

Complaint of the Petitioners was

premature [Appendix A-3, A-12].

J///7/

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NONRESIDENT ALIEN - The Petitioners

brought this case into Court to object to

being classified as citizens of the

United States (U.S. citizens) who are

subject to the non-positive laws of the

United States under the jurisdictional

Clauses of the U.S. Const.,

14th Amendment. The United States

District Court and the United States

Court of Appeals have ruled that the

Petitioners were citizens of the

United States as they were born within

California Republic or Alaska Republic

(freely associated compact states of the

united States of America) [Appendix A-3,

A-12].

As Alaska ceased to be a State of the

United States upon statehood per the

"Alaska Statehood and Omnibus Acts" and

became a freely associated compact state

of the united States of America

(e.g. 28 USC 297); the Petitioners

asserts that the lower Courts have erred

ey

Soe OO et ee diame

a

in their rulings as the Petitioners are

not citizens of the United States

(U.S. citizens) nor are they forum state

residents of the geographical defined

corporate United States that would make

them liable for income taxes under the

United States’ Internal Revenue Code

(codified as a non-positive law of the

United States). They are citizens of a

freely compact state of the united States

of America. Furthermore; the Petitioners

have never received any income from any

trade or business within the corporate

United States nor have they received any

political benefit (Knowingly) that would

make them liable for income taxes under

the Internal Revenue Code of the

United States.

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//1/1/

PETITION FOR REHEARING OR REHEARING

IN BANC - The United States Court of

Appeals, Ninth Circuit, submitted a

"Memorandum and Order" dated

November 9, 1992 which was filed by the

Clerk of Court on November 24, 1992

[Appendix A-3]. On December 5, 1992; the

Petitioners (Appellants) filed a Petition

for ReHearing or ReHearing In Banc

wherein the Petitioners argued that the

U.S. Court of Appeals erred in its

conclusion of law.

The Petitioners argued that the

U.S. Court of Appeals erred in declaring

that the Petitioners were citizens of the

United States (U.S. citizens) and that

the Courts’ ruling had attached several

nexus between the Petitioners and the

U.S. Const., 14th Amendment. The

Petitioners also argued that the

14th Amendment was repugnant to the

United States Constitution and that the

Court erred in its conclusion of law when

- 10 -

it declared that it was barred to review

the ratification process of the

U.S. Const., 14th Amendment under the

doctrine of "Political Question." The

validity of the u.s. Const.,

14th Amendment was first raised within

the Petitioners’ (Plaintiffs’) Complaint

that was supported with numerous

exhibits, treatises and memorandums in

the U.S. District court for the District

Of Alaska.

On June 15, 1993; the United States

Court of Appeals issued its Order denying

the Petitioners’ (Appellants’ ) Petition

for a ReHearing or a ReHearing In Banc

(Appendix, A-1].

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//1///

- ll =

REASONS FOR ISSUING WRIT OF CERTIORARI

The United States Court of Appeals has

refused to rule on an important question

of law that has not been, but should be,

settled by this court.

The United States Court of Appeals

failure to render a decision on the

ratification of the U.S. Const.,

14th Amendment as a "political question"

is a position that is in conflict with an

Opinion of a U.S. District Court (State

of Idaho v. Freeman, 529 F.Supp. 1107),

an Opinion of a Supreme Court of a freely

associated compact state of the united

States of America (Utah), and a

Legislative Joint Resolution of a freely

associated compact state of the united

States of America (Louisiana).

The United States Court of Appeals

ruling damages the Petitioners by placing

the Petitioners in a state of Peonage in

violation of the 13th Amendment to the

- 12-

U.S. Constitution (42 usc 1994) by making

them liable to a debt obligation of the

United States via IRS Revenue Codes that

cannot be questioned under the

U.S. Const., 14th Amendment and by

violating the Congressional intent to

restore the inalienable rights of the

people under the "National Emergencies

Act" of September 14, 1976 (P.L. 94-412,

90 Stat. 1255) [Appendix A-60].

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- 13-

UNSETTLED QUESTIONS FOR THIS COURT

Under the purported authority of the

U.S. Const, 14th Amendment; the Congress

of the United States has intimidated

every freely associated compact state of

the united States of America into

adopting the Uniform Commercial Code and

the Federal Rules of Civil/Criminal

Procedure as the rule of law for their

Courts. As these Courts of the freely

associated compact states of the Union

are now operating under the Law Merchant

of the Roman Civil Law of the Roman

Church; the Congress of the United States

has created a “state church" that is

repugnant to the U.S. Const.,

lst Amendment. Furthermore; as the

U.S. Const., 14th Amendment has brought

the democracy of the District of Columbia

over the lands of the freely associated

compact states of the united States of

America; the Congress of the corporate

- 14 <-

ee ee a a

United States has displaced the

Republican form of governments of those

States in violation of U.s. Const.,

IV:4:1 and has taken territory of those

freely associated compact states of the

united States of America for the use of

the United States in violation of

Article VIII of the Articles of

Confederation.

And as the lower Courts of the

United States have refused to recognized

the status of the Petitioners as citizens

of freely associated compact states of

the united States of America by ruling

that they were citizens of the

United States (U.S. citizens) subject to

the non-positive laws of the

United States (District of Columbia)

under the jurisdictional Clauses of the

U.S. Const., 14th Amendment; the

Petitioners have been damaged in that the

lower Courts of the United States have

Placed the Petitioners into a

- 15-

"Constructive Trust" without their full

knowledge of the obligations therein and

without their consent. The lower Court

rulings also violates the intent of

Congress to terminate certain authorities

with respect to national emergencies in

effect and the intent of Congress to

provide for an orderly implementation and

termination of future national

emergencies under the "National

Emergencies Act" of September 14, 1976

[Appendix A-60]. The ruling of the lower

Courts have striped the Petitioners of

all their "Inalienable Rights" as

guaranteed by the "Bill of Rights" to the

United States Constitution and thus the

Petitioners are in a state of Peonage in

violation of U.S. Const., 13th Amendment.

And under the purported authority of

the U.S. Const., 14th Amendment; the

Congress of the United States has created

"Titles of Nobility" known as “citizens"

of the United States (U.S. citizens) and

- 16 -

with this newly founded "Titles of

Nobility;" the Congress is using the

citizens of the United States as a

"human resource" under the purported

authority of U.S. Const., IV:3:2 to raise

a revenue for the purpose of

"discharging" the debt obligations of the

United States under the Public Policy of

HJR 192 of June 5S, 1933 (31 USC 463).

Said Titles of Nobility and the

discharging of debts of the United States

(and the debts of the freely associated

compact states of the united States of

America) violates of the

"payment clauses" of U.S. Const., I:8:1

(and I:10:1) and the prohibition of

Titles of Nobility clause of

U.S. Const, I:9:8. The Petitioners have

been damaged by the lower Court rulings

as their Inalienable Rights are now

Suspended and they are now in a state of

Peonage in violation of the U.s. Const.,

13th Amendment, the principles of the

- 17 «

Declaration of Independence, and the

Congressional intent of the "National

Emergencies Act" of September 14, 1976.

And as there are now two freely

associated compact states of the

united States of America that have

officially declared that they will no

longer recognize the U.S. Const.,

14th Amendment as being a valid Amendment

to the U.S. Constitution ("Utah" via its

Supreme Court in the cases of

Dyett v. Turner, 439 P.2d 266 and

State v. Phillips, 540 P.2d 936; and

"Louisiana" via its House Concurrent

Resolution No. 208 (1967) {as published

in the Congressional Record, House -

June 13, 1967 pgs. 15641-15646}), there

is now a disunity in opinion on the

validity of the U.S. Const.,

14th Amendment among the freely

associated compact states of the united

States of America and the Courts of the

United States.

- 18 -

Lt Wish Leap tts tak COR as eM 2S salle iMate Maas debi aces terrthaaibisn

1 AS hE OO PE,

Ee PO Ce se a OE a Sy

And as the "Reconstruction Acts"

of 1867 [Appendix A-40, A-46] are

repugnant to the U.S. Constitution on the

following grounds:

Said Acts granted the Negro

population the rights of "suffrage" in

violation of the United States

Constitution as evidenced by the

needed passage of the U.S. Const.,

15th Amendment.

2 Said Acts granted the Negro

population the rights of "citizenship"

in violation of the U.S. Constitution

as evidenced by the case of Dred

Scott v. Sanford, (60 US 405) and the

needed passage of the U.S. Const.,

14th Amendment.

3. Said Acts dissolved the

governments of freely associated

compact states of the united States of

America after those states were

brought into the Union with a

- 19 -

Republican form of government on equal

footing with the original 13 states.

4. Said Acts compelled several

freely associated compact states of

the united States of America to

restructure their state Constitutions

to meet the provisions of the

U.S. Const., 14th Amendment before the

14th Amendment was proclaimed to be

ratified as an Amendment to the

U.S. Constitution.

S. Said Acts placed freely

associated compact states of the

united States of America under

"martial law" with their governments

being "provisional governments" that

were subject to the exclusive

jurisdiction of the United States

after the Civil War was declared to be

at an end and after those freely

associated compact states were

operating under lawful Civil

Governments.

- 20 -

6. Said Acts declared that several

of the freely associated compact

states of the united States of America

were "military districts" that were

required to ratify the U.s. Const.,

14th Amendment over the objections of

the Civil authorities of those freely

associated compact states and thus

Said Acts rescinded those states

determination of rejecting the

Amendment and nullifies the

Congressional assessment of

contemporaneousness of expression of

consent of the "ratification votes" of

those states. +

And as the "Concurrent Resolution" of

| July 21, 1868 [Appendix A-54] ordering

i

U.S. Secretary of State, Seward, to issue

forth a Proclamation of Ratification that

the vU.Ss. Const., 14th Amendment has been

a

Properly ratified is repugnant to the

- 21-

U.S. Constitution on the following

grounds:

1. If the Concurrent Resolution was

passed under Article I of the

U.S. Constitution, said Resolution

fails for not being signed by the

President of the United States as

required by U.S. Const., 1I:8:3.

2- If the Concurrent Resolution was

passed under Article V of the

U.S. Constitution, said Resolution

fails for not being passed on a

two-thirds vote of both Houses of

Congress.

as The U.S. Const., Article V does

not expressly grant the Congress the

authority to adjudge and proclaim a

proposed Amendment as being properly

ratified.

4. A Concurrent Resolution cannot

amend or alter the procedure of

issuance of a Proclamation of

Ratification as set forth in an Act of

- 22 -

Congress (e.g. Sec. 2 of the Act of

the FIFTEENTH CONGRESS, Sess. a

Ch. 80 [Appendix A-32]).

And for the above reasons, this United

States supreme court has authority under

28 USC 1651, 28 USC 2101(c), and |

28 USC 2106 to review the record of the

lower Court on a Writ of Certiorari.

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- 23 -

CONCLUSION

Do to the errors in the rulings of the

lower U.S. Courts in that those Courts

will not recognize the status of the

Petitioners as citizens of freely

associated compact states of the united

States of America; the lower Courts have

attached several nexus between the

Petitioners and the 14th Amendment to the

United States Constitution and;

As U.S. President Andrew Johnson

objected to and Vetoed every Act and

Resolution of Congress that brought forth

the U.S. Const., 14th Amendment and;

As the U.S. Secretary of State

(Seward) expressed reservation within his

July 20, 1868 Proclamation of

Ratification (15 Stat. 706 [ Appendix

A-73]) that the 14th Amendment was not

ratified in pursuant to the United States

Constitution as required by U.S. Const.,

VI:1:2 and Sec. 2 of the Act of the

- 24 «

FIFTEENTH CONGRESS, Sess. I, Ch. 80

[Appendix A-25, A-46] and;

As Sec. 2 of the Act of the

FIFTEENTH CONGRESS, Sess. I, Ch. 80

mandates that no Proclamation of

Ratification shall issue forth unless a

proposed Amendment has been ratified in

pursuant to the Constitution of the

United States; the ratification of an

Amendment under said Act of Congress

presents a justiciable question of law

that is reviewable by a Court of Law

(Marbary v. Madison, 5 US i37,

2 L.Ed. 60) and;

As this United States Supreme court in

the case of Brushaber v. Union R.R. Co.,

(60 L.Ed. 493, 499) has ruled that an

Amendment to the United States

Constitution that is not adopted in

pursuant to the United States

Constitution would:

"... Cause one provision of the

Constitution to destroy another [and]

- 25 -

would create radical and destructive

changes in our constitutional system

and multiply confusion";

and thus the Judges of this United States

supreme court has a ministerial duty to

protect the United States Constitution

under U.S. Const., VI:1:2 and;

As this United States supreme court

further ruled in the case of Hawke

v. Smith, (253 US 221, 40 S. Ct. 227

[1920]) that:

"It is not the function of courts or

legislative bodies, national or state,

to alter the method which the

Constitution has fixed."

and;

As this United States supreme courts’

reference to the U.S. Const.,

14th Amendment in Colemen v. Miller

(307 U.S. 433, 83 L.Ed. 1385) is "dicta"

that is not binding upon on any Court of

Law per State of Idaho v. Freeman (529

F.Supp. 1107) and;

=- 26 -

{

4

:

OE A NO aE SMe

If the U.S. Const., 14th Amendment is

allowed to stand after this United States

supreme court has been fully advised of

the facts behind the ratification of said

Amendment would be for this Supreme court

to declare that the United States

Congress has not only the authority to

propose Amendments to the United States

Constitution; but the United States |

Congress also has the authority to compel

each and every freely associated compact

state of the united States of America to

ratify its future proposed Amendments to

the United States Constitution and;

AS several United States District

Courts and Circuit Court of Appeals have

recently taken jurisdiction to rule upon

constitutional questions that involved

the ratification of the 16th Amendment to

the United States Constitution

(@.g. Knoblauch v. C.I.R., 749 F.2d 200;

Sisk v. C.I.R., 791 F.2d 58;

U.S. ¥. Foster, 789 F.2d 457;

- 27 -

,

Lysiak v. C.I.R., 816 F.2d 311; U.S.

v. House, 617 F.Supp. 237, etc.); these

United States’ Courts have alleged that

they have authority to review the

ratification process of an Amendment to

the Constitution of the United States as

being a justiciable question of law that

is not a bar to the Courts as a

"political question" (see Idaho

v. Freeman, 529 F.Supp. 1107) and thus

the United States Court of Appeals, Ninth

Circuit, has erred in its ruling of

Epperly, et.al. v. United States et.al.

[Appendix A-3] and therefore;

It is within the purview and

ministerial duty of this United States

supreme court to review all the "Acts" of

Congress that brought forth the

ratification of the U.S. Const., |

14th Amendment to determine if those

"Acts" of Congress were made in pursuant

ge ep ee ee a ee

to the Constitution of the United States.

This United States supreme ceurt has

- 28 -

authority under 28 usc 1651,

28 USC 2101(c), and 28 USC 2106

to

entertain this Petition for Writ of

Certiorari to the United States

Appeals, Ninth Circuit.

By Lirihen— CZ,

Court of

Gordon W. Epperly - sat

- 29 -

fepuh—

No. 93-

IN THE SUPREME COURT OF

THE UNITED STATES OF AMERICA

October Term, 1993

Gordon W. Epperly et.al

Wes

United States et.al., Respondents

-, Petitioners

Petition for Writ of Certiorari to the

United States Court of Appeals,

Ninth Circuit

Appendix

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VP EL ROG RA MRE RE DDE ISEB tlt IB oasse 2 sd ea NS Sa Ra St

36 tes ~~ Peet

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COURT ORDERS AND MEMORANDUMS

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JUN 15 1993

CATHY A. CATTERSON, CLERK

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

C.A. No. 91-35862

D.C. No. 90-00010-JAV

GORDON W. EPPERLY; ESTHER K.

EPPERLY; NIELS P. EPPERLY;

BOBBI J. EPPERLY,

Plaintiffs-Appellants,

vx

IRS Employee No. 2981806539,

and a number of unknown

Employees of U.S.,

ORDER

Defendants-Appel lees

)

|

UNITED STATES, (U.S. Congress); !

|

)

Appeal from the United States District Court

for the District of Alaska

jenna

Before: HUG and POOLE, Circuit Judges, and PRO,

District Judge.

The panel, as constituted in the above

case, has voted to deny appellants’ petition for

rehearing. Judge Hug and Judge Poole have voted

to reject the suggestion for rehearing en banc,

and Judge Pro has recommended rejection of the

suggestion for rehearing en banc.

The full court has been advised of the en

banc suggestion and no active judge of the court

has requested a vote on whether to rehear the

matter en banc.

Fed. R. App. P. 35(b).

The petition for rehearing is DENIED and

the suggestion for rehearing en banc is

REJECTED.

* The Honorable Philip M. Pro, United States

District Judge for the District of Nevada,

sitting by designation.

i So oe

Nov 24 1992

CATHY A. CATTERSON , CLERK

NOT FOR PUBLICATION

UNITED STATES COURT OF APPEALS

FOR THE NINTH CIRCUIT

* &

- No. 91-35862

- No. CV-90-10-JAV

*

C.

D.

GORDON W. EPPERLY; ESTHER K.

EPPERLY; NIELS P. EPPERLY;

BOBBI J. EPPERLY,

}

oe

Plaintiffs-Appellants,

Vv.

UNITED STATES (U.S. Congress);

IRS Employee No. 2981806539,

)

and a number of unknown

Employees of U.S.,

MEMORANDUM*

Defendants-Appel lees

Appeal from the United States District Court

for the District of Alaska

James A. Van der Heydt, Senior Judge, Presiding

Submitted November 6, 1992**

Seattle, Washington

*This disposition is not appropriate for

publication and may not be cited to by the courts

of this circuit except as provided by

oth Cir. R. 36-3.

Before: HUG, and POOLE, Circuit Judges,

and PRO, District Judge,***

On November 2, 1990, Appellants Gordon,

Esther, Niels, and Bobbi Epperly ("Epperlys"),

appearing pro se, filed an amended complaint

asserting various claims including: (1) that

several unidentified employees of the United

States Government have "trespassed" on their real

property located in Alaska by arbitrarily

classifying such land as "wetlands", and that

such classification constitutes a taking of

property without compensation in violation of the

Fifth Amendment; (2) that Appellants are

entitled to a refund of all federal income taxes

paid given that they are "American Inhabitants"

who possess sovereign powers and immunities and

**The panel unanimously finds this case

suitable for decision without oral argument.

Fed. R. App. P. 34(a); 9th Cir. R. 34-4.

***The Honorable Philip Pro, United States

District Judge for the District of Nevada,

sitting by designation.

A- 4

ical iat!

\

> assessed $500 for filing a frivolous tax

return./l1 See E.R. p. 7-15 (Amended Complaint,

| P. 5-13); Appellants’ Brief, p. 9-20. In their

are thus "nonresident aliens" as defined by the

tax code; and (3) that IRS employee number

2981806539 violated their constitutional rights

under Article Four as well as the First, Fifth,

Ninth, and Tenth Amendments by mailing Gordon

Epperly a letter Stating that he had been

amended complaint, Appellants further request a

declaration that the Fourteenth Amendment was

never ratified. See E.R. p. 13 (Amended

Complaint, p. 11)

On April 30, 1991, the district court

1/ In addition to damages for violating of

their constitutional rights, in their amended

complaint Appellants "demand" that the United

States prosecute Employee Number 2981806539 for

, Violations of 18 U.S.C. ss 1512(b) (tampering

with a witness, victim, or informant), 18 U.S.C.

Ss 872 (extortion), 18 U.S.C. ss 912 (false

personation), 18 U.S.C. ss 1017, 1018 (fraud and

false statements), 18 U.S.C. ss 1341 (mail

fraud), 18 U.S.C. ss 242 (civil rights). See

E.R. p. 12 (Amended Complaint, p. 10). Such

demands are patently frivolous and were properly

dismissed by the district court.

dismissed the Epperlys’ amended complaint for

failure to state a claim pursuant to Fed. R. Civ.

P. 12(b)(6). This Court has jurisdiction under

28 U.S.C. ss 1291 and affirms the district court.

Standard of Review

)

We review de novo a dismissal for failure

to state a claim pursuant to Rule 12(b)(6).

Tanner _v. Heise, 879 F.2d 572, 576 (9th Cir.

1989). All allegations of material fact are

taken as true and construed in the light most

favorable to the plaintiff. Id. Dismissal is

appropriate only if the district court concludes

that the plaintiff can prove no set of facts to

support his or her claim for relief. Id.

I. Wetlands

In dismissing the Epperlys’ allegations

that the United States committed a "trespass" and

violated the Fifth Amendment by classifying their

land as "wetlands," the district court found that

since the Epperlys have not been restricted in

the use of their property, such claims were

premature. See E.R. p. 106 (April 30, 1991

Order, p. 4). In their opening brief, the

Epperlys concede that the question of whether

their Fifth Amendment rights have been violated

is unripe. See Appellants’ Brief, at 9.

Notwithstanding this, the Epperlys assert that

the question of the jurisdiction of the Clean

Water Act, 33 U.S.C. ss 1251, et seqg., over

their property should be decided by the district

court. The Epperlys are incorrect.

In the present case, the United States has

taken no regulatory action against the Epperlys

and the Epperlys have not demonstrated any

hardship which would occur as a result of the

district court’s decision to decline

jurisdiction. Accordingly, the district court

properly dismissed the Epperlys’ "wetlands"

Claims as premature. See American-Arab

Anti-Discrimination Committee v. Thornburah,

970 F.2d 501, 510-12 (9th Cir. 1991);

Lotz Realty Co. v. United States, 757 F. Supp.

692, 695-97 (E.D.Va. 1990).

a

II. Taxpayer Statu

The Epperlys next argue that since they are

"American Inhabitants" who possess sovereign

powers and immunities, they are properly

classified under the tax code as “nonresident

aliens" and are not subject to taxation by the

federal government. Such an argument is

frivolous. See United States v. Cheek, 882

F.2d 1263, 1269, n. 2 (7th Cir. 1989), vacated

on other grounds 498 U. S. 192 (1991) (rejecting

argument that a person is not a federal taxpayer

because he or she is an absolute, free-born,

natural individual).

The Epperlys do not dispute that they were

either born in California or Alaska, and that

they are all presently domiciled in Alaska.

See Appellants’ Brief, p. 14-17; Appellants’

Reply, p. 2. Based on these facts, the district

court properly found that the Epperlys were not

"nonresident aliens" and thus subject to federal

income tax. See 26 U.S.C. ss 7701(b)(1)(B).

:

:

III. IRS Employee Number 298106539

The Epperlys further seek damages for

Violation of their rights as secured by Article

Four of the United States Constitution as well as

the First, Fifth, Ninth, and Tenth Amendments

_ based on IRS Employee Number 2981806539 sending

Gordon Epperly a letter Stating that he had been

assessed $500 for filing a frivolous tax return.

Such an assertion is meritless.

No constitutional violation has ever been

recognized for ministerial actions taken in the

course of the collection of taxes. See Wage

v. I.R.S., 915 F.2d 1230, 1235 (9th Cir. 1990),

cert. denied, 111 S. Ct. 986 (1991).

Moreover, the mailing of the notice was

objectively reasonable thus protecting the IRS

employee from suit based on qualified immunity.

Id.; Fry v. Melaragno, 939 F.2d 832, 838-39

(9th Cir. 1991). The district court correct ly

denied the Epperlys’ claims against IRS Employee

Number 2981806539.

|

IV. Fourteen nt

The Epperlys also seek declaratory relief

to the effect that the Fourteenth Amendment was

never ratified. See E.R. p. 13 (Amended

Complaint, p. 11). Such relief involves the

evaluation of a political question which cannot

be addressed by the courts. United States Vv.

Stahl, 792 F.2d 1438, 1440-41 (9th Cir. 1986),

cert. denied, 479 U.S. 1036 (7th Cir. 1986),

cert. denied, 479 U.S. 883 (1986); Kantor v.

Ce a ee ee oe ee ES FL ee en er ee

_— Wellesley Galleries, Ltd., 704 F.2d 1088, 1090

(9th Cir. 1983). Accordingly, the Epperlys’

request for declaratory judgment was properly

dismissed by the district court.

V. Sanctions

The United States requests sanctions in the

amount of $2,500 against the Epperlys for

bringing this appeal. Because the Epperlys’

arguments on appeal are entirely without merit,

we grant the United States’ request and impose

sanctions in the sum of $2,500. See Fed. R.

App. P. 38; 28 U.S.C. ss 1912; and Wilcox v.

A- 10

| Commissioner, 848 F.2d 1007, 1009 (9th Cir.

1988).

AFFIRMED.

/////

/1/1/

//1//

A= ii

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ALASKA

FILED |

APR 30 1991 |

UNITED STATES DISTRICT COURT

DISTRICT OF ALASKA

BY Deputy

GORDON W. EPPERLY, ESTER K,

EPPERLY, NIELS P. EPPERLY,

and BOBBI J. EPPERLY,

|

Plaintiffs,

VS.

DISTRICT OF ALASKA |

UNITED STATES (US CONGRESS), )

STATE OF ALASKA, and CITY )

AND BOROUGH OF JUNEAU.

)

Defendants.

J90-010 CIVIL

MEMORANDUM AND ORDER

I. INTRODUCTION

THIS CAUSE comes before the court on a

motion to dismiss complaint, filed December 10,

1990 (Docket No. 20), by defendant, United

States; on motion for summary judgment, filed

November 29, 1990 (Docket No. 17), by plaintiffs,

Gordon, Esther, Niels and Bobbi Epperly; and on

an 2

A = 39

motion to supplement pleading, filed March 11,

1991 (Docket No. 23), by plaintiffs. For the

reasons stated below, the court grants

defendant’s motion to dismiss and

plaintiffs’ motion to supplement and denies

plaintiffs’ motion for summary judgment.

II. BACKGROUND

By Order, filed October 14, 1990 (Docket

No. 13), this court allowed plaintiffs to file an |

amended complaint which was not frivolous and

which complied with this court’s rules.

Plaintiffs filed an amended complaint November 2,

1990 (Docket No. 14) *1. Plaintiffs’ amended

complaint asserts three claims: (1) plaintiffs

Claim that a piece of their property, located in

Juneau, Alaska, which has been Classified as

*l1 Plaintiffs dropped all claims against

the State of Alaska and the City and Borough

of Juneau in their amended complaint but added a

defendant identified as IRS Hh

No. 2981806539 and unknown employees of the

United States.

A= i323

"Wetlands" is outside the jurisdiction of the

United States, and further that such

classification amounts to trespass;

(2) plaintiffs claim that the Internal Revenue

Code does not apply to them as they are not

United States citizens within the meaning of the

fourteenth amendment as that amendment was never

ratified; and (3) that an IRS Employee

No. 2981806539 letter dated October 20, 1990,

demanding payment for penalties constitutes an

obstruction of the proceedings of this court and

obstruction of proceedings under various section

of 16 U.S.C. %. DISCUSSION.

A. Motion to Dismiss

Defendant seeks dismissal of

*2 Plaintiffs claim violations of:

18 U.S.C. ss 872, Extortion by Officers or |

Employees of the United States; 18 U.S.C. ss 912,

Falsely Assuming or Pretending to be an Officer

of the United States; 18 U.S.C. ss 1017, |

Government Seals Wrongfully Used;

18 U.S.C. ss 1018, Official Certificate or

Writing Known to Contain a False Statement; 4

18 U.S.C. ss 1717, Letters or Writings as

Nonmailable; and 18 U.S.C. ss 242,.Deprivation of

Rights Under Color of Law.

A- 14

plaintiffs’ complaint on the grounds that the

complaint is frivolous, it fails to state a claim

upon which relief can be granted and for improper

service. The court finds that plaintiffs’

complaint fails to state a claim upon which

relief can be granted and also is frivolous.

In considering whether to dismiss a

claim under Fed. R. Civ. P. 12(b)(6), the court

must view the comp laint’s allegations in the

light most favorable to the plaintiff. Scheuer

v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683,

1686 (1974). All well-pleaded facts and

allegations in the plaintiff’s complaint must be

taken as true. Ed Miniat, Inc. v. Globe Life

Ins. Group. Inc., 805 F.2d 732, 733 (7th Cir.

1986). "The complaint should not be dismissed

for failure to state a claim unless it appears

beyond doubt that the plaintiff can prove no set

of facts in support of his claim which would

entitle him to relief." Conley v. Gibsen, 355

U.S. 41, 46, 78 S.Ct. 99, 102 (1957).

Plaintiffs’ argument that classification

of certain property as wetlands constitutes

& = 35

confiscation is premature and the argument that

such property is outside the jurisdiction of the

United States is frivolous. Plaintiffs refer to

a statement in the Juneau Wetlands Management

Plan that the location of each wetland has been

determined by the Army Corp of Engineers (COE).

From this statement plaintiffs claim in their

complaint that their own property has been

classified as wetlands by the COE. Even if that

were true, plaintiffs still fail to state a claim

upon which relief can be granted.

In Avovelles Sportsmen’s Leaque, Inc.

v. Marsh, 715 F.2d 897 (5th Cir. 1983), the

defendants claimed that classification of certain

property as a wetland subject to the COE’s

regulations constituted a taking for which just

compensation must be paid under the fifth

amendment. The court of appeals rejected that

argument as premature. Defendants in that case

had not applied for a permit and thus there had

been no determination as to what use the

defendants could or could not put the land in

question.

A= 16

In the present case, plaintiffs do not

claim restriction on use of their property

pursuant to a specific denial of a permit by

the COE. Plaintiffs assume a taking that may

never take place. The Supreme Court, in United

tates v. Riversid view » 474

U.S. 121, 128, 106 S.Ct. 455, 459 stated:

"A requirement that a person obtain a permit

before engaging in a certain use of his or her

property does not in itself "take" the property

in any sense: after all, the very existence of a

permit system implies that permission may be

granted, leaving the landowner free to use the

property as desired. Moreover, even if the

permit is denied, there may be other viable uses

available to the owner. Only when a permit is

denied and the effect of the denial is to prevent

"economically viable" use of the land in question

Can it be said that taking has occurred." Since

there has been no determination whether the

plaintiffs may put their property to the uses

they desire, plaintiffs’ claim is premature.

Plaintiffs’ wetland Claim, therefore, fails to

A - 17

state a claim upon which relief can be granted.

Plaintiffs’ fourteenth amendment argument

has been rejected in other similar tax protestor

cases. United States v. Studley, 783 F.2d 934,

937 (9th Cir. 1986) (rejecting the argument that

taxpayer was an absolute, free-born and natural

individual, and therefore not subject to the tax

laws); U.S. v. Cheek, 882 F.2d 1263, 1269 (7th

Cir. 1989) (rejecting argument as absurd that

taxpayer is not a "fourteenth amendment citizen,"

but rather a white male Christian with inherent

and inalienable rights). This court also rejects

plaintiffs’ argument.

Further, the question of whether the

fourteenth amendment has been properly ratified

is a political question. Coleman v. Miller, 307

U.S. 433, 450 (1939). Political questions are

those federal constitutional issues which courts

do not address but leave to the legislative and

executive branch of the federal government for

resolution. Baker v. Carr, 369 U.S. 186, 217

(1962). Plaintiffs’ fourteenth amendment claim,

a- is

ania ital

therefore, fails to state a claim upon which

relief can be granted.

Plaintiffs’ third claim against an

IRS employee also fails to state a Claim upon

which relief can be granted. Plaintiffs received

from the IRS a notice of penalty charge. There

was no signature on the notice. In the upper

right hand corner of the document was a series of

numerals. Plaintiff has ascribed that series of

numerals to Suggest it identifies a particular

IRS employee and thus plaintiffs seek relief

against a numbered IRS employee. Plaintiffs

provide no set of facts, and the court, drawing

all inferences in a light most favorable to

plaintiffs, can infer no reasonable set of facts

which could state a claim for relief against an

IRS employee for sending a notice of pena ity

charge. There is nothing in plaintiffs’

complaint which suggests that an IRS employee

obstructed these proceedings when a notice of

penalty charge was sent to plaintiffs. Nor is

there any indication that an IRS Employee engaged

in conduct specified in the various sections of

A- 19

ee ee

18 U.S.C. cited by plaintiffs. |

Further, printed on the notice of penalty

charge is a statement that if plaintiffs wish to

contest the assessment, a claim must be filed on

Form 843, and, if that claim is denied, a suv *~

may be brought in the United States District

Court. Plaintiffs have provided no proof that

Form 843 was filed and denied. Plaintiffs have

not sought an administrative remedy prior to.

proceeding in district court. Therefore, this

claim is dismissed for failure to exhaust

administrative remedies.

B. Plaintiffs’ Summary Judgment Motion.

Because the court finds that plaintiffs’

complaint is subject to dismissal pursuant to

Fed. R. Civ. P. 12(b)(6), the court does not

reach the merits of plaintiffs’ motion for

summary judgment. The motion therefore is

denied.

Plaintiffs filed, March 11, 1991

(Docket No. 23), a motion to supplement their

pleading. The court grants plaintiffs’ motion to

submit the supplemental pleading. The court

A - 20

regarded the supplement as additional briefing to

plaintiffs’ opposition to defendant’s motion to

dismiss. In making its determination on the

motion to dismiss, the court took into

consideration plaintiffs’ supplemental pleading.

IV. ORDER

Accordingly, IT IS ORDERED:

(1) THAT defendant’s motion to dismiss is

GRANTED;

(2) THAT plaintiffs’ motion for Summary

Judgment is DENIED; and

(3) THAT plaintiffs’ motion to supp lement

is GRANTED.

DATED at Anchorage, Alaska, this 7th

day of April, 1991.

/s/ James D. Von Der Heydt

United States District Judge

a ~ Zi

*xekeeweeke

II

CONSTITUTIONAL AND STATUTORY

PROVISIONS INVOLVED

x*xkekeeek

The following emphasized parts of the

Constitutional and Statutory provisions are parts

that are involved in the Appellants’ Appeal from

the U.S. Court of Appeals, Ninth Circuit.

x wekkk tk

e A «

7 United States Constitution

xkwekekke ek

Article I

(Clause 8)

Section 1. The Congress shall have power to

lay and collect taxes, duties, imposts and

excises, TO PAY THE DEBTS and provide for the

A - 22

common defense and general welfare of the United

states; but all duties, imposts and excises shall

be uniform throughout the United States.

Section 18. [Congress] To make all laws which

shall be necessary and proper for carrying into

execution the foregoing powers, AND ALL OTHER

POWERS VESTED BY THIS CONSTITUTION in the

government of the United States, or any

department or officer thereof.

Article IV

(Clause 3)

Section 2. The Congress shall- have power to

dispose of and make all needful rules and

regulations RESPECTING THE TERRITORY OR OTHER

PROPERTY belonging to the United States; and

nothing in this Constitution shall be construed

as to prejudice any claims of the United States,

or of any particular state.

a - 22

Article IV

(Clause 4)

Section 1. The United States SHALL GUARANTEE

TO EVERY STATE IN THIS UNION A REPUBLICAN FORM OF

GOVERNMENT, and shall protect each of them

against invasion; and on application of the

legislature, or of the executive (when the

legislature cannot be convened) against domestic

— violence.,

Article V

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 be valid to all intents

and purposes, as part of this Constitution, WHEN

RATIFICATIONS IN 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

A=- 24

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.

Article VI

(Clause 1)

SECTION 2. . This Constitution, and the laws of

the United States WHICH SHALL BE MADE IN

PURSUANCE THEREOF; and all treaties made, or

which shall be made, under the authority of the

United States, SHALL BE THE SUPREME LAW OF THE

LAND; and the judges in every state shall be

bound thereby, any thing in the Constitution or

las of any state to the contrary notwithstanding.

SECTION 3. The Senators and Representatives

before mentioned, and the members of the severa |

State legislatures, AND ALL executive and

JUDICIAL OFFICERS, both of the UNITED STATES and

of the several states, SHALL BE BOUND BY OATH OR

AFFIRMATION, TO SUPPORT THIS CONSTITUTION; but no

religious test shall ever be required as a

A - 28

qualification to any office or PUBLIC TRUST under

the United States.

Article of Amendment I

CONGRESS SHALL MAKE NO LAW RESPECTING AN

ESTABLISHMENT OF RELIGION, or prohibiting the

free exercise thereof; or abridging the freedom

of speech, or of the press; or the right to the

people peaceably to assemble, and to petition the

government for a redress of grievances.

Article of Amendment V

No person shall be shall be held to answer for

a capital, or otherwise infamous crime, unless on

a presentment or indictment of a grand jury,

except in cases arising in the land or naval

forces, or in the militia, when in actual service

in time of war or public danger; NOR SHALL ANY

PERSON be subject for the same offense to be

twice put in jeopardy of life or limb; nor shall

be compelled in any criminal case to be a witness

against himself, NOR BE DEPRIVED of life or

a = 2e

PROPERTY, WITHOUT DUE PROCESS OF LAW; NOR SHALL

PRIVATE PROPERTY BE TAKEN FOR PUBLIC USE WITHOUT

JUST COMPENSATION.

Article of Amendment IX

The enumeration in the Constitution of certain

rights shall not be construed to deny or

disparage others retained by the people.

Article of Amendment xX

The powers not delegated to the United States

by the Constitution, nor prohibited by it to the

States, are reserved to the states respectively,

or to the people.

Amendment XIII

SECTION 1. Neither slavery or INVOLUNTARY

SERVITUDE, except as a punishment for crime

whereof the party shall have been duly convicted,

shall exist within the United States, or any

place subject to their jurisdiction.

a = 27

SECTION 2. Congress shall have power to enforce

Shc aS a cila

this article by appropriate legislation.

Amendment XIV

SECTION 1. ALL PERSONS BORN OR NATURALIZED IN

THE UNITED STATES AND SUBJECT TO THE JURISDICTION

THEREOF, ARE CITIZENS OF THE UNITED STATES and

the state wherein they reside. No state shall

make or enforce any law which shall abridge the

privileges or immunities of citizens of the

United States; nor shall any state deprive any

person of life, liberty, or property, or

property, without due process of law; nor deny to

any person within its jurisdiction the equa |

protection of the laws.

SECTION 2. Representatives shall be apportioned

among the several states according to their

respective numbers, counting the whole number of

persons in each state, excluding Indians not

taxed. But when the right to vote at any

election for the choice of electors for President

and Vice President of the United States,

A - 28

Representatives in Congress, the executive and

judicial officers of a state, or the members of

the legislature thereof, is denied to any ot the

male inhabitants of such state, being twenty-one

years of age, and citizens of the United States,

or in any way abridged, except for participation

in rebellion or other crime, the basis of

representation therein shall bear to the whole

number of male citizens twenty-one years of age

in such state.

SECTION 3. No person shall be a Senator or

Representative in Congress, or elector or

President and Vice President, or hold any office,

civil or military, under the United States, or

under any state, who, having previously taken an

oath, as a member of Congress, or as an officer

of the United States, shall have engaged in

insurrection or rebellion against the same, or

given aid or comfort to the enemies thereof. But

Congress may by a vote of two-thirds of each

house, remove such disability.

SECTION 4. THE VALIDITY OF THE PUBLIC DEBT OF

THE UNITED STATES, authorized by law, including

debts incurred for payment of pensions and

bounties for services in suppressing insurrection

or rebellion, SHALL BE QUESTIONED. But neither

the United States nor any state shall assume or

pay any debt or obligation incurred in aid or

insurrection or rebellion against the United

States, or any claim for the loss or emancipation

of any slave; but all such debts, obligations and

claims shall be held illegal and void.

SECTION 5. The Congress shall have power to

enforce, by appropriate legislation, the

provisions of this article.

Amendment XV

SECTION 1. THE RIGHT OF CITIZEN OF THE UNITED

STATES TO VOTE shall not be denied or abridged by

the United States or by any state ON ACCOUNT OF

RACE, COLOR, OR PREVIOUS CONDITION OF SERVITUDE.

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SECTION 2. The Congress shall have power to

enforce this article by appropriate legislation.

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xkxkekkektk

a

Acts and Resolutions of Congress

kekekk

FIFTEENTH CONGRESS.

Sess. I. Ch. 80.

(1818)

Chap. LXXX. - An Act to provide for the

publication of the laws of the United States, and

for other purposes.

Be it enacted by the Senate and House of

Representatives of the United States of America,

in Congress assembled, That, at and during the

session of each Congress of the United States,

the Secretary for the Department of State, shal]

cause the acts and resolutions passed by Congress

at such session, to be published, currently as

they are enacted, and as soon as practicable, in

not more than. one newspaper in the District of

Columbia, and in not more than three newspapers

in each of the several states, and in not more

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than three newspapers in each of the territories

of the United States. And he shall] also cause to

be published, in the like manner, in the said

newspapers, or in such of them as he shall for

that purpose designate, the public treaties

entered into and ratified by the United States.

Sec. 2. And be it further enacted, That,

whenever official notice shall have been

received, at the Department of State, that any

amendment which heretofore has been, or hereafter

may be, proposed to the constitution of the

United States, HAS BEEN ADOPTED, ACCORDING TO THE

PROVISIONS OF THE CONSTITUTION, it shall be the

duty of the said Secretary of State forthwith to

cause the said amendment to be published in the

Said newspapers authorized to promulgate the

laws, with his certificate, specifying the states

by which the same may have been adopted, and that

the same has become valid, to all intents and

purposes, as a part of the constitution of the

United States.

Sec. 3. And be it further enacted, That the

proprietor of every newspaper in which the laws,

A = 33

{

resolutions, treaties, or amendments, shall be so

published, shall receive, as full compensation

therefor, at the rate of one dollar for each

printed page of the laws, resolutions, and

treaties, as published in the pamphlet form in

the manner hereinafter directed. And if it shall

appear, on the examination of any account, that

there has been any unreasonable delay or

intentional omission in the publication of the

laws aforesaid, the proper accounting officer of

the treasury is hereby authorized and required to

deduct, from such account, such sum as shall be

charged therein for the publication of any laws

which shall have been so unreasonably delayed or

intentionally omitted. And in any such case it

shall be the duty of the Secretary of State to

discontinue the publication of the laws in the

newspaper belonging to such proprietor, and such

newspaper shall, in no event, be again

authorized, nor shall the proprietor thereof be

again employed, to publish the laws of the United

States.

A = 34

.

.

'

Sec. 4. And be it further enacted, That the

Secretary of State shall] cause to be pub lished,

at the close of every session of Congress at

large, including all resolutions passed by

Congress, amendments to the constitution adopted,

and all public treaties made and ratified since

the then last publication of the laws; which

copies shall be printed on paper, and in the size

of the sheet and type, in a manner to correspond

with the late revised edition of the laws,

published by Bioren and Co., which copies shall

be distributed in the following manner: To every

person who has been President of the United

States, one copy to each, during their respective

lives; to the present and every future President

and Vice President, one copy to each, during

their lives; one copy to the actual President and

Vice President, to be deemed an appurtenant to

their offices respectively; to each member of the

Senate and House of Representatives, and to each

delegate in Congress from any territory, one copy

each; twenty copies to the secretary of the

Senate, and fifty copies to the clerk of the

A - 35

House of Representatives, for the general use of

the committees and members of the respective

Houses; to the judges and clerks of the supreme

and district courts, and to the marshal and

attorney of each district or section of a

district, one copy each; to the Secretaries of

State, of the Treasury, of War, and of the Navy,

and to each of their chief clerks one copy each;

one copy to the attorney general, to each of the

comptrollers and auditors, and to the register

and treasurer of the United States, and to the

commissioner of the revenue, and the commissioner

of the general land office, and to the paymaster

general, and the adjutant and inspector general,

and to the commissary general of supplies, and

the director of the mint; one copy to each

collector, naval officer, surveyor, and inspector

of the customs; to the governors, judges,

‘secretaries, and clerks of the territories of the

United States, one copy to each; to the

postmaster general, and each assistant, one copy;

and one copy to each of the surveyors general of

the lands of the United States, and to each

A=- 36

register of a land office; and one copy to each

publisher of a newspaper authorized to promu Igate

the same. The delivery of the said copies shall

be under the direction of the Secretary of State,

or such officer as he shall, for that purpose,

authorize.

Sec. 5. And be it further enacted, That three

hundred of the said copies shall be annually

placed in the library of Congress; and every

member of Congress, and every delegate shall be

entitled to the use of a copy during the session,

and the same shall be returned and accounted for,

as may be prescribed by the rules of the library.

And one hundred of the said copies, authorized by

this act to be printed, shall be delivered to the

Secretary of War, and fifty copies to the

Secretary of the army and navy as the public

service may require. Four hundred copies shall

be reserved by the Secretary of State, to be

distributed by him, at his discretion, among the

public and foreign ministers and consuls and

other public agents.

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‘

}

.

¥

Sec. 6. And be it further enacted, That the

residue of the said number of copies, authorized

to be printed, shall be distributed among the

several states and territories, in proportion to

the number of representatives and delegates to

which each state and territory may be entitled in

Congress, at the time of such distribution.

Sec. 7. And be it further enacted, That

whenever the Secretary of State shall enter into

any contract, with any person for the publication

of the laws, in the pamphlet form, as aforesaid,

he shall require at least two good and sufficient

sureties for the faithful performance of the

contract; and, in every such agreement, it shall

always be stipulated that the number of copies

hereby authorized to be printed, shall be

delivered at the office of the Secretary of State

within thirty days after the adjournment of each

session of Congress, and that, for every day’s

delay in such delivery, the person so contracting

shall forfeit the sum of one hundred dotlars, to

be deducted from the compensation to which he

otherwise would have been entitled.

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:

Sec. 8. And be it further enacted, That all

acts or parts of acts, heretofore passed, which

in any manner contravene the provisions of this

act, or which may be inconsistent with the same;

and all acts or parts of acts, in which are

contained any provisions for the publication of

the laws, either in a pamphlet form or in

newspapers, be, and the same are hereby repealed;

Provided, That such repeal shal] not be construed

to prevent the payment of any compensation that

may be due, for the publication of the laws,

previous to the promulgation ofthis act.

Sec. 9. And be it further enacted, That

whatever sum of money may be necessary to carry

into effect this act, besides any specific

appropriations, for the same objects, that have

been, or may be, made, shall be paid out of any

OE ce Re eal ~.

money in the treasury not otherwise appropriated.

Approved, April 20, 1818.

A= 39

x*eRee Ee

arc aa ated eesaesd vet

[Preamble] Whereas no legal State governments

or adequate protection for life or property now

exists in the rebel States of Virginia, North

Carolina, South Carolina, Georgia, Mississippi,

Alabama, Louisiana, Florida, Texas, and Arkansas;

and whereas it is necessary that peace and good

order should be enforced in said States until

loyal and republican State governments can be

legally established: Therefore,

[Sec. 1] Be it enacted by the Senate and House

of Representatives of the United States of

America in Congress assembled, THAT SAID REBEL

STATES SHALL BE DIVIDED INTO MILITARY DISTRICTS

AND MADE SUBJECT TO THE MILITARY AUTHORITY OF THE

UNITED STATES as hereinafter prescribed, and for

that purpose Virginia shall constitute the first

district; North Carolina and South Carolina the

second district; Georgia, Alabama, and Florida

A - 40

the third district; Mississippi and Arkansas the

fourth district; and Louisiana and Texas the

fifth district.

Sec. 2 And be it further enacted, That it

shall be the duty of the President to assign to

the command of each of said districts an officer

of the army, not below the rank of brigadier -

general, and to detail a sufficient military

force to enable such officer to perform his

duties and enforce his authority within the

district to which he is assigned.

Sec. 3 And be it further enacted, That it

shall be the duty of each officer assigned as

aforesaid, to protect al] persons in their rights

of person and property, to suppress insurrection,

disorder, and violence, and to punish, or cause

to be punished, all disturbers of the public

peace and criminals; and to this end he may allow

local civil tribunals to take jurisdiction of and

to try offenders, or, when in his judgment it may

be necessary for the trial of offenders, he shall

have power to organize military commissions or

tribunals for that purpose, and all interference

A - 41

under color of State authority with the exercise

of military authority under this act, shall be

null and void.

Sec. 4 And be it further enacted, That all

persons put under military arrest by virtue of

this act shall be tried without unnecessary

delay, and no cruel or unusual punishment shal]

be inflicted, and no sentence of any military

commission or tribunal hereby authorized,

affecting the life or liberty of any person,

shall be executed until it is approved by the

officer in command of the district, and the laws

and regulations for the government of the army

shall not be affected by this act, except in so

far as they conflict with its provisions:

Provided, That no sentence of death under the

provisions of this act shall be carried into

effect without the approval of the President.

Sec. 5 And be it further enacted, THAT WHEN

THE PEOPLE OF ANY ONE OF SAID REBEL STATES SHALL

HAVE FORMED A CONSTITUTION OF GOVERNMENT in

conformity with the Constitution of the United

States in all respects, framed by a convention of

A =- 42

delegates ELECTED BY THF MALE CITIZENS OF SAID

STATE, twenty-one years old and upward, OF

WHATEVER RACE, COLOR, OR PREVIOUS CONDITION, who

3 have been resident in said State for one year

“previous to the day of such election, except such

= gas may be disfranchised for participation in the

~~ rebellion or for felony at common law, AND WHEN

~*~ SUCH CONSTITUTION SHALL PROVIDE THAT THE ELECTIVE

FRANCHISE SHALL BE ENJOYED BY ALL SUCH PERSONS AS

HAVE THE QUALIFICATIONS HEREIN STATED FOR

ELECTORS OF DELEGATES, and when such constitution

shall be ratified by a majority of the persons

voting on the question of ratification who are

qualified as electors for delegates, and when

such constitution shal] have been submitted to

Congress for examination and approved, and

Congress shall have approved the same, AND WHEN

SAID STATE, BY A VOTE OF ITS LEGISLATURE ELECTED

UNDER SAID CONSTITUTION, SHALL HAVE ADOPTED THE

AMENDMENT TO THE CONSTITUTION OF THE UNITED

STATES, PROPOSED BY THE THIRTY-NINTH CONGRESS,

AND KNOWN AS ARTICLE FOURTEEN, AND WHEN SAID

ARTICLE SHALL HAVE BECOME A PART OF THE

A - 43

:

CONSTITUTION OF THE UNITED STATES, SAID STATE

SHALL BE DECLARED ENTITLED TO REPRESENTATION IN

- CONGRESS, and senators and representatives shal]

be admitted therefrom on their taking the oath

prescribed by law, and then and thereafter the

preceding sections of this act shall be

inoperative in said State: PROVIDED, THAT NO

PERSON EXCLUDED FROM THE PRIVILEGE OF HOLDING

OFFICE BY SAID PROPOSED AMENDMENT TO THE

CONSTITUTION OF THE UNITED STATES, SHALL BE

ELIGIBLE TO ELECTION AS A MEMBER OF THE

CONVENTION TO FRAME A CONSTITUTION FOR ANY OF

SAID REBEL STATES, NOR SHALL ANY SUCH PERSON VOTE

FOR MEMBERS OF SUCH CONVENTION.

Sec. 6 And be it further enacted, That, until

the people of said rebel States shall be by law

admitted to representation in the Congress of the

United States, ANY CIVIL GOVERNMENTS WHICH MAY

EXIST THEREIN SHALL BE DEEMED PROVISIONAL ONLY,

and in all respects SUBJECT TO THE PARAMOUNT

AUTHORITY OF THE UNITED STATES TO ABOLISH,

- MODIFY, CONTROL, OR SUPERSEDE THE SAME; and in

all elections to any office under such

A - 44

provisional governments all persons shall be

entitled to vote, and none others, who are

entitled to vote, under the provisions of the

eligible to any office under any such provisional

governments who would be disqualified from |

holding office under the provisions of the third

article of said constitutional amendment.

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fifth section of this act; and no person shall be =

keke k ke

uty SOTBET) Saar PedNieMha vt

CHAP. XXX - An Act supplementary to an Act

entitled "An Act to provide for the more

efficient Government of the Rebel States," passed

on the second day of March, eighteen hundred and

sixty-seven, and the Act supplementary thereto,

passed on the twenty-third day of March, eighteen

hundred and sixty-seven.

[Sec. 1] Be it enacted by the Senate and House

of Representatives of the United States of

America in Congress assembled, That it is hereby

declared to have been the true intent and meaning

of the act of the second day of March, one

thousand eight hundred and sixty-seven, entitled

"An act to provide for the more efficient

government of the rebel States," and of the act

supplementary thereto, passed on the twenty -

third day of March, in the year one thousand

eight hundred and sixty-seven, THAT THE

A - 46

GOVERNMENTS THEN EXISTING in the rebel States of

Virginia, North Carolina, South Carolina,

Georgia, Mississippi, Alabama, Louisiana,

Florida, Texas, and Arkansas WERE NOT LEGAL STATE

GOVERNMENTS; and THAT THEREAFTER SAID

GOVERNMENTS, IF CONTINUED, WERE TO BE CONTINUED

SUBJECT IN ALL RESPECTS TO THE MILITARY

COMMANDERS OF THE RESPECTIVE DISTRICTS, AND TO

THE PARAMOUNT AUTHORITY OF CONGRESS.

Sec. 2 And be it further enacted, THAT THE

COMMANDER OF ANY DISTRICT NAMED IN SAID ACT SHALL

HAVE POWER, subject to the disapproval of the

General of the army of the United States, and to

have effect till disapproved, whenever in the

opinion of such commander the proper

administration of said act shall require it, TO

SUSPEND OR REMOVE FROM OFFICE, OR FROM THE

PERFORMANCE OF OFFICIAL DUTIES AND THE EXERCISE

OF OFFICIAL POWERS, ANY OFFICER OR PERSON HOLDING

OR EXERCISING, OR PROFESSING TO HOLD OR EXERCISE,

ANY CIVIL OR MILITARY OFFICE OR DUTY IN SUCH

DISTRICT UNDER ANY POWER, ELECTION, APPOINTMENT

OR AUTHORITY DERIVED FROM, OR GRANTED BY, OR

A - 47

CLAIMED UNDER, ANY SO-CALLED STATE OR THE

GOVERNMENT THEREOF, OR ANY MUNICIPAL OR OTHER

DIVISION THEREOF, and upon such suspension or

removal such commander, subject to the

disapproval of the General as aforesaid, shall

have power to provided from time to time for the

performance of the said duties of such officer or

person so suspended or removed, by the detail of

some competent officer or soldier of the army, or

by the appointment of some other person, to

perform the same, and to fill vacancies

occasioned by death, resignation, or otherwise.

Sec. 3. And be it further enacted, That the

General of the army of the United States shall be

invested with all the powers of suspension,

removal, appointment, and detail granted in the

preceding section to district commanders.

Sec. 4 And be it further enacted, That the

acts of the officers of the army already done in

removing in said districts persons exercising the

functions of civil officers, and appointing

others in their stead, are hereby confirmed:

Provided, That any person heretofore or hereafter

A - 48

Beating oti Nhat Seda iit

appointed by any district commander to exercise

the functions of any civil office, may be removed

either by the military officer in command of the

district, or by the General of the army. AND IT

SHALL BE THE DUTY OF SUCH COMMANDER TO REMOVE

FROM OFFICE AS AFORESAID ALL PERSONS who are

disloyal to the government of the United States,

or WHO USE THEIR OFFICIAL INFLUENCE IN ANY MANNER

TO HINDER, DELAY, PREVENT, OR OBSTRUCT THE DUE

AND PROPER ADMINISTRATION OF THIS ACT AND THE

ACTS TO WHICH IT-IS SUPPLEMENTARY .

Sec. 5 And be it further enacted, That the

boards of registration provided for in the act

entitled "An act supplementary to an act entitled

‘An act to provide for the more efficient

government of the rebel] States,’ passed March

two, eighteen hundred and Sixty-seven, and to

facilitate restoration," passed March twenty-

; three, eighteen hundred and sixty-seven, shal]

have power, and it shall be their duty before

| allowing the registration of any person, to

_ ascertain, upon such acts or information as they

can obtain, whether such person is entitled to be

A - 49

registered under said act, and the oath required

by said act shall not be conclusive on such

question, and no person shall be registered

unless such board shall decide that he is

entitled thereto; and such board shall also have

power to examine, under oath, (to be administered

by any member of such board,) any one touching

the qualification of any person claiming

registration; but in every case of refusal by the

board to register an applicant, and in every case

of striking his name from the list as hereinafter

provided, the board shall make a note or

memorandum, which shall be returned with the

registration list to the commanding general of

the district, setting forth the grounds of such

refusal or such striking from the list: Provided,

That no person shall be disqualified as member of

any board of registration by reason of race or

color.

Sec. 6. And be it further enacted, That the

true intent and meaning of the oath prescribed

in said supplementary act is, (among other

things,) that no person who has been a member of

A = 30

the legislature of any State or who has held any

executive or judicial office in any State,

whether he has taken an oath to Support the

Constitution of the United States or not, and

whether he was holding such office at the

commencement of the rebellion, or had held it

before, and who has afterwards engaged in

insurrection or rebellion against the United

States, or given aid or comfort to the enemies

thereof, is entitled to be registered or to vote;

and the words "executive or judicial office in

any State" in said oath mentioned shall be

construed to include all civil offices created by

law for the administration of any general law of

a State, or for the administration of justice.

Sec. 7 And be it further enacted, That the

time for completing the original registration

provided for in said act may, in the discretion

of the commander of any district be extended to

the first day of October, eighteen hundred and

Sixty-seven; and the boards of registration shal]

have power, and it shall be their duty,

commencing fourteen days prior to any election

A= $1

under said act, and upon reasonable public notice

of the time and place thereof, to revise, for a

period of five days, the registration lists, and

upon being satisfied that any person not entitled

thereto has been registered, to strike the name

of such person from the list, and such person

shall not be allowed to vote. And such board

shall also, during the same period, add to such

registry the names of all persons who at that

time possess the qualifications required by said

act who have not been already registered; and no

person shall, at any time, be entitled to be

registered or to vote by reason of any executive

pardon or amnesty for any act or thing which,

without such pardon or amnesty, would disqualify

him from registration or voting. P

Sec. 8. And be it further enacted, That all

members of said boards of registration and al]

persons hereafter elected or appointed to office

in said military districts, under any so- called

State or municipal authority, or by detail or

appointment of the districi commanders, shall be

required to take and to subscribe the oath of

A = 32

office prescribed by law for officers of the

United States.

Sec. 10. And be it further enacted, THAT NO

DISTRICT COMMANDER or member of the board of

registration, OR ANY OF THE OFFICERS OR

APPOINTEES ACTING UNDER THEM, SHALL BE BOUND IN

HIS ACTION BY ANY OPINION OF ANY CIVIL OFFICER OF

THE UNITED STATES.

Sec. 11. And be it further enacted, That al]

the provisions of this act and of the acts to

which this is supplementary shall be construed

liberally, to the end that all the intents

thereof may be fully and perfectly carried out.

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keke ke Ke EK

U.S. CONGRESSIONAL

JOINT RESOLUTION OF JULY 21, 1868

Senate Journal - page 709)

House Journal - page 1126)

“Whereas the legislatures of the States of

Connecticut, Tennessee, New Jersey, Oregon,

Vermont, West Virginia, Kansas, Missouri,

Indiana, Ohio, Illinois, Minnesota, New York,

Wisconsin, Pennsylvania, Rhode Island, Michigan,

Nevada, New Hampshire, Massachusetts, Nebraska,

Maine, Iowa, Arkansas, Florida, North Carolina,

Alabama, South Carolina, and Louisiana, being

three-fourths and more of the several States of

the Union, have ratified the fourteenth article

of amendment to the Constitution of the

United States duly proposed by two-thirds of each

house of the thirty-ninth Congress: Therefore,

Resolved by the Senate, (the House of

Representatives concurring,) That said -fourteenth

article is hereby declared to be a part of the

Constitution of the United States, AND IT SHALL

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acini

BE DULY PROMULGATED AS SUCH BY THE SECRETARY OF

STATE."

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xk kek kek

JOINT RESOLUTION TO SUSPEND THE GOLD

STANDARD AND ABROGATE THE GOLD

CLAUSE, JUNE 5, 1933

(31 USC 463)

H.J. Res. 192, 73rd Cong., Ist Sess.

Joint resolution to assure uniform value to the

coins and currencies of the United States.

Whereas the holding of or dealing in gold

affect the public interest, and are therefore

subject to proper regulation and restriction; and

Whereas the existing emergency has disclosed

that provisions of obligations which purport to

give the obligee a right to require payment in

gold or a particular kind of coin or currency of

the United States, or in an amount in money of

the United States measured thereby, obstruct the

power of the Congress to regulate the value of

the money of the United States, and are

inconsistent with the declared policy of the

Congress to maintain at all time the equal power

of every dollar, coined or issued by the United

States, in the markets and in the payment of

debts. Now, therefore, be it

Resolved by the Senate and House of

Representatives of the United States of America

in Congress assembled, That (a) every provision

contained in or made with respect to any

obligation which purported TO GIVE THE OBLIGEE A

RIGHT TO REQUIRE PAYMENT in gold or a particular

kind of coin or currency, or in an amount in

money of the United States measured thereby, IS

DECLARED TO BE AGAINST PUBLIC POLICY; and no such

provision shall be contained in or made with

respect to any obligation hereafter incurred.

EVERY OBLIGATION, hereafter or hereafter

incurred, whether or not any such provision is

contained therein or made with respect thereto,

SHALL BE DISCHARGED upon payment, dollar for

dollar, in any coin or currency which at the time

of payment is LEGAL TENDER FOR PUBLIC AND PRIVATE

JEBTS. Any such provision contained in any law

iuthorizing obligations to be issued by or under

iuthority of the United States, is hereby

‘epealed, but the repeal of any such provision

A = 57

shall not invalidate any other provision or

authority contained in such law.

(b) As used in this resolution, the term

“obligation” means an obligation (including every

obligation of and to the United States, excepting

currency) payable in money of the United States;

and the term "coin or currency" means coin or

currency of the United States, including Federal

Reserve notes and circulating notes of Federal

Reserve banks and national banking associations.

SEC. 2. The last sentence of paragraph (1) of

subsection (b) of section 43 of the Act entitled

"An Act to relieve the existing national economic

emergency by increasing agricultural purchasing

power, to raise revenue for extraordinary

expenses incurred by reason of such emergency, to

provide emergency relief with respect to

agricultural indebtedness, to provide for the

orderly liquidation of joint-stock land banks,

and for other purposes", approved May 12, 1933,

is amended to read as follows:

"All coins and currencies of the United States

(including Federal Reserve notes and circulating

A - 58

notes of Federal Reserve banks and national

banking associations) heretofore or hereafter

coined or issued, shall be legal tender for al]

debts, public and private, public charges, taxes,

cuties, and dues, except that gold coins, when

below the standard weight and limit of tolerance

provided by law for the single piece, shall be

legal tender only at valuation in proportion to

their actual weight."

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xxwke kee

NATIONAL EMERGENCIES ACT

(P.L. 94-412, 90 Stat. 1255)

AN ACT

To terminate certain authorities with respect to

national emergencies still in effect, and to

provide for orderly implementation and

termination of future national emergencies.

Be it enacted by the Senate and House of

Representatives of the United States of America

in Congress assembled, That this Act may be cited

as the "National Emergencies Act".

TITLE I - TERMINATING EXISTING DECLARED

EMERGENCIES

Sec. 101. (a) All powers and authorities

possessed by the President, any other officer or

employee of the Federal Government, or any

executive agency, as defined in section 105 of

title 5, United States Code, as a result of the

existence of any declaration of national

emergency in effect on the date of enactment of

A - 60

this Act are terminated two years from the date

of such enactment. Such termination shall not

affect -

(1) any action taken or proceeding pending

not finally concluded or determined on such

date;

(2) any action or proceeding based on any act

committed prior to such date; or

(3) any rights or duties that matured or

penalties that were incurred prior to such

date.

(b) For the purpose of this section, the words

“any national emergency in effect" means a

general declaration of emergency made by the

President.

TITLE II - DECLARATION OF FUTURE NATIONAL

EMERGENCIES

Sec. 201. (a) With respect to Acts of Congress

authorizing the exercise, during the period of a

national emergency, of any special or\

extraordinary power, the President is authorized

to declare such national emergency. Such

proclamation shall immediately be transmitted to

the Congress and published in the Federal

Register.

(b) Any provisions of law conferring powers and

authorities to be exercised during a national

emergency shall be effective and remain in effect

(1) only when the President (in accordance with

subsection (a) of this section), specifically

declares a national emergency, and (2) only in

accordance with this Act. No law enacted after

the date of enactment of this Act shall supersede

this title unless it does so in specific terms,

referring to this title, and declaring that the

new law supersedes the provisions of this title.

A =- 62

Sec. 202. (a) Any national emergency dec lared

by the President in accordance with this title

shall terminate if -

(1) Congress terminates the emergency by

concurrent resolution; or

(2) the President issues a proclamation

terminating the emergency.

Any national emergency declared by the President

shall be terminated on the date specified in any

concurrent resolution referred to in clause (1)

or on the date specified in a proclamation by the

Pres ident terminating the emergency as provided

in clause (2) of this Subsection, whichever date

is earlier, and any powers or authorities

exercised by reason of said emergency shall cease

to be exercised after such specified date, except

that termination shal] not affect -

(A) any action taken or proceeding pending

not finally concluded or determined on such

date;

(B) any action or proceeding based on any act

committed prior to such date; or

A - 63

(C) any rights or duties that matured or

penalties that were incurred prior to such

date.

(b) Not later than six months after a national

emergency is declared, and not later than the end

of each six-month period thereafter that such

emergency continues, each House of Congress shal]

meet to consider a vote on a concurrent

resolution to determine whether that emergency

shall be terminated.

(c)(1) A concurrent resolution to terminate a

national emergency declared by the president

Shall be referred to the appropriate committee of

the House of Representatives or the Senate, as

the case may be. One such concurrent resolution

shall be reported out by such committee together

with its recommendations within fifteen calendar

days after the day on which such resolution is

referred to such committee, unless such House

shall otherwise determine by the yeas and nays.

(2) Any concurrent resolution so reported shall

become the pending business of the house in

question (in the case of the Senate the time for

A - 64

debate shall be equally divided between the

Proponents and the opponents) and shall be voted

on within three calendar days after the day on

which such resolution is reported, unless such

House shall otherwise determine by yeas and nays.

(3) Such a concurrent resolution passed by one

House shall be referred to the appropriate

committee of the other House and shall be

reported out by such committee together with its

recommendations within fifteen calendar days

after the day on which such resolution is

referred to such committee and shall thereupon

become the pending business of such House and

shall be voted upon within three calendar days

after the day on which such resolution is

reported, unless such House shal] otherwise

determine by yeas and nays.

(4) In the case of any disagreement between the

two Houses of Congress with respect to a

concurrent resolution passed by both Houses,

conferees shall be promptly appointed and the

committee of conference shall make and file a

report with respect to such concurrent resolution

A - 65

within six calendar days after the day on which

managers on the part of the Senate and the House

have been appointed. Notwithstanding any rule in

either House concerning the printing of

conference reports or concerning any delay in the

consideration of such reports, such report shall

be acted on by both Houses not later than six

calendar days after the conference report is

filed in the House in which such report is filed

first. In the event the conferees are unable to

agree within forty-eight hours, they shall report

back to their respective Houses in disagreement.

(5) Paragraphs (1) - (4) of this subsection,

subsection (b) of this section, and

section 502(b) of this Act are enacted by

Congress -

(A) as an exercise of the rulemaking power

of the Senate and the House of

Representatives, respectively, and as such

they are deemed a part of the rules of each

House, respectively, but applicable only with

respect to the procedure to be followed in

the :House in the case of resolutions

A - 66

described by this subsection; and they

supersede other rules only to the extent that

they are inconsistent therewith; and

(B) with full recognition of the

constitutional right of either House to

Change the rules (so far as relating to the

procedure of that House) at any time, in the

Same manner, and to the same extent as in the

case of any other rule of that House.

(d) Any national emergency declared by the

President in accordance with this title, and not

otherwise previously terminated, shal] terminate

on the anniversary of the declaration of that

emergency if, within the ninety-day period prior

to each anniversary date, the President does not

publish in the Federa] Register and transmit to

the Congress a notice Stating that such emergency

is to continue in effect after such anniversary.

TITLE III - EXERCISE oF EMERGENCY POWERS AND

AUTHORITIES

Sec. 301. When the President declares a

national emergency, no powers or authorities made

A - 67

available by statute for use in the event of an

emergency shall be exercised unless and until the

President specifies the provisions of law under

which he proposes that he, or other officers will

act. Such specification may be made either in

the declaration of a national emergency, or by

one or more contemporaneous or subsequent

Executive orders published in the Federal

Register and transmitted to the Congress.

TITLE IV - ACCOUNTABILITY AND REPORTING

REQUIREMENTS OF THE PRESIDENT

Sec. 401. (a) When the President declares a

national emergency, or Congress declares war, the

President shall be responsible for maintaining a

file and index of all significant orders of the

President, including Executive orders and

proclamations, and each Executive agency shall

maintain a file and index of all rules and

regulations, issued during such emergency or war

issued pursuant to such declarations.

(b) All such significant orders of the

President, including Executive orders, and such

rules and regulations shall be transmitted to the

Congress promptly under means to assure

confidentiality where appropriate.

(c) When the President declares a national

emergency or Congress declares war, the President

shall transmit to Congress, within ninety days

after the end of each Six-month period after such

declaration, a report on the total expenditures

incurred by the United States Government during

such six-month period which are directly

attributable to the exercise of powers and

authorities conferred by such declaration. Not

later than ninety days after the termination of

each such emergency or war, the President shal]

transmit a final report on all such expenditures.

TITLE _V_- REPEAL AND CONTINUATION OF CERTAIN

EMERGENCY POWER AND OTHER STATUTES

Sec. 501. (a) Section 349(a) of the Immigration

and Nationality Act (8 U.S.C. 1481(a)) is

amended -

A - 69

(1) at the end of paragraph (9), by

striking out "; or" and inserting in lieu

thereof a period; and

(2) by striking out paragraph (10).

(b) Section 2667(b) of title 10 of the United

States Code is amended -

(1) by inserting "and" at the end of

paragraph (3);

(2) by striking out paragraph (4); and

(3) by redesignating paragraph (5) as (4).

(c) The joint resolution entitled "joint

resolution to authorize the temporary

continuation of regulation of consumer credit",

approved August 8, 1947 (12 U.S.C. 249), is

repea led.

(d) Section 5(m) of the Tennessee Valley

Authority Act of 1933 as amended (16 U.S.C. 249),

is repealed.

(e) Section 1383 of title 18, United States

Code, is repealed.

(f) Section 6 of the Act entitled "An Act to

amend the Public Health Service Act in regard to

certain matters of personnel and administration,

A - 7

and for other purposes", approved February 28,

1948, is amended by striking out subsections (b),

(c), (d), (e), and (f) (42 U.S.C. 211b).

(g) Section 9 of the Merchant Ship Sales Act

of 1946 (50 U.S.C. App. 1742) is repea led.

(h) This section shall not affect -

(1) any action taken or proceeding pending

not finally concluded or determined at the

time of repeal;

(2) any action or proceeding based on any

act committed prior to repeal; or

(3) any rights or duties that matured or

penalties that were incurred prior to repeal.

Sec. 502. (a) The provisions of this Act shall

not apply to the following provisions of law, the

powers and authorities conferred thereby, and

actions taken thereunder:

(1) Section 5(b) of the Act of October 6,

1917, as amended (12 U.S.C. 95a; 50 U.S.C.

App. 5(b));

(2) Act of April. 28, 1942 (40 U.S.C. 278b);

(3) Act of June 30, 1949 (41 U.S.C. 252);

A- 71

(4) Section 3477 of the Revised Statutes,

as amended (31 U.S.C. 203);

(5) Section 3737 of the Revised Statutes,

as amended (41 U.S.C. 15);

(6) Public Law 85-804 (Act of Aug. 28,

1958, 72 Stat. 972; 50 U.S.C. 1431-1435);

(7) Section 2304(a)(1) of title 10, United

States Code;

(8) Sections 3313, 6386(c), and 8313 of

title 10, United States Code.

(b) Each committee of the house of

Representatives and the Senate having

jurisdiction with respect to any provision of law

referred to in subsection (a) of this section

shall make a complete study and investigation

concerning that provision of law and make a

report, including any recommendations and

proposed revisions such committee may have, to

its respective House of Congress within two

hundred and seventy days after the date of

enactment of this Act.

Approved September 14, 1976

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IT]

PROCLAMATIONS INVOLVED

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PROCLAMATION OF RATIFICATION

14th Amendment [July 20, 1868]

(15 Stat. 706)

WILLIAM H. SEWARD

SECRETARY OF STATE OF THE UNITED STATES

[Preamble] Whereas the Congress of the

United States, on or about the sixteenth

of June, in the year one thousand eight

hundred and Sixty-six, passed a

resolution which is in the words and

figures following, to wit: -

"JOINT RESOLUTION PROPOSING AN AMENDMENT

TO THE CONSTITUTION OF THE UNITED STATES.

"Be it resolved by the Senate and

House of Representatives of the United

A=- 73

scene aeteeae ane

States of America in Congress assembled,

(two thirds of both Houses concurring),

That the following article be proposed to

the legislatures of the several States as

an amendment to the Constitution of the

United States, which when ratified by

three fourths of said legislatures, shall

be valid as part of the Constitution.

namely:

"ARTICLE XIV.

"Section 1. All persons born or

naturalized in the United States, and

subject to the jurisdiction thereof, are

citizens of the United States and of the

State wherein they reside. No State

shall make or enforce any law which shall

abridge the privileges or immunities of

citizens of the United States; nor shall

any State deprive any person of life,

liberty, or property, without due process

of law, nor deny to any person within its

jurisdiction the equal protection of the

laws.

"Section 2. Representatives shall be

apportioned among the several States

according to their respective numbers,

counting the whole number of persons in

each State, excluding INdians not taxed.

But when the right to vote at any

election for the choice of electors for

President and Vice-President of the

United States, Representatives in

Congress, the executive and judicial

Officers of a State, or the members of

the legislature thereof, in denied to any

of the male inhabitants of such State,

being twenty-one years of age, and

citizens of the United States, or in any

way abridged, except for participation in

rebellion or other crime, the basis of

representation therein Shall be reduced

in the proportion which the number of

such male citizens Shall bear to the

A- 75

whole number of male citizens twenty-one

years of age in such State.

"Section 3. No person shall be a

Senator or Representative in Congress, or

elector of President and Vice-President,

or hold any office, civil or military,

under the United States, or under any

State, who, having previously taken an

oath, as a member of Congress, or as an

officer of the United States, or as a

members of any State legislature, or as

an executive or judicial officer of any

State, to support the Constitution of the

United States, shall have engaged in

insurrection or rebellion against the

same, or given aid or comfort to the

enemies thereof. But Congress may, by a

vote of two thirds of each House, remove

such disability.

"Section 4. The validity of the

public debt of the United States,

authorized by law, including debts

incurred for payment of pensions and

A- 76

bounties for services in suppressing

insurrection or rebellion, shall not be

questioned. But neither the United

States nor any State Shall assume or pay

any debt or obligation incurred in aid of

insurrection or rebellion against the

United States, or any Claim for the loss

or emancipation of any slave; but all

such debts, obligations, and claims shall

be held illegal and void.

"Section 5. The Congress shall have

power to enforce, by appropriate

legislation, the provisions of this

article.

"SCHUYLER COLFAX,

"Speaker of the House of

Representatives.

"LA FAYETTE s. FOSTER,

"President of the Senate pro

tempore.

And whereas by the second section of

the act of Congress, approved the

twentieth of April, one thousand eight

hundred and eighteen, entitled "An act to

A - 77

provide for the publication of the laws

of the United states, and for other

purposes," it is made the duty of the

Secretary of State forthwith to Cause any

amendment to the Constitution of the

United States, WHICH HAS BEEN ADOPTED

ACCORDING TO THE PROVISIONS OF THE SAID

CONSTITUTION, to be published in the

newspapers authorized to promulgate the

laws, with his certificate Specifying the

States by which the same may have been

adopted, and that the same has become

valid, to all intents ana purposes, as a

part of the Constitution of the United

States;

AND WHEREAS NEITHER THE ACT JUST

QUOTED FROM, NOR ANY OTHER LAW, EXPRESSLY

OR BY CONCLUSIVE IMPLICATION, AUTHORIZES

THE SECRETARY OF STATE TO DETERMINE AND

DECIDE DOUBTFUL QUESTIONS AS TO THE

AUTHENTICITY OF THE ORGANIZATION OF STATE

LEGISLATURES, OR AS TO THE POWER OF ANY

STATE LEGISLATURE TO RECALL A PREVIOUS

A - 78

ACT OR RESOLUTION OF RATIFICATION OF ANY

AMENDMENT PROPOSED TO THE CONSTITUTION;

And whereas it appears from official

documents on file in this Department that

the amendment to the Constitution of the

United States, proposed as aforesaid, has

been ratified by the legislatures of the

States of Connecticut, New Hampshire,

Tennessee, New Jersey, Oregon, Vermont,

New York, Ohio, Illinois, West Virginia,

Kansas, Maine, Nevada, Missouri, Indiana,

Minnesota, Rhode Island, Wisconsin,

Pennsylvania, Michigan, Massachusetts,

Nebraska, and Iowa;

And whereas it further appears from

documents on file in this Department that

the amendment to the Constitution of he

United States, proposed as aforesaid, HAS

ALSO BEEN RATIFIED BY NEWLY CONSTITUTED

AND NEWLY ESTABLISHED BODIES AVOWING

THEMSELVES TO BE AND ACTING AS THE

LEGISLATURES, RESPECTIVELY, OF THE STATES

A- 79

a i ii i

OF ARKANSAS, FLORIDA, NORTH CAROLINA,

LOUISIANA, SOUTH CAROLINA, AND ALABAMA ;

And whereas, it further appears from

official documents on file in this

Department that the legislatures of two

of the Sates first above enumerated, to

wit, OHIO AND NEW JERSEY, HAVE SINCE

PASSED RESOLUTIONS RESPECTIVELY

WITHDRAWING THE CONSENT OF EACH OF SAID

STATES TO THE AFORESAID AMENDMENT; and

whereas it is deemed a matter of doubt

and uncertainty whether Such resolutions

are not irregular, invalid, and therefore

ineffectual for withdrawing the consent

of the Said two States, or of either of

them, to the aforesaid amendment;

And whereas the whole number of States

in the United States is thirty- seven, to

wit: New Hampshire, Massachusetts, Rhode

Island, Connecticut, New York, New

Jersey, Pennsylvania, Delaware, Maryland,

Virginia, North Carolina, South Carolina,

Georgia, Vermont, Kentucky, Tennessee,

A - 80

Ohio, Louisiana, Indiana, Mississippi,

Illinois, Alabama, Maine, Missouri,

Arkansas, Michigan, Florida, Texas, Iowa,

Wisconsin, Minnesota, California, Oregon,

Kansas, West Virginia, Nevada, and

Nebraska;

And whereas the twenty-three States

first hereinbefore named, whose

legislatures have ratified the said

proposed amendment, AND THE SIX STATES .

NEXT THEREAFTER NAMED, AS HAVING RATIFIED

THE SAID PROPOSED AMENDMENT BY NEWLY

CONSTITUTED AND ESTABLISHED LEGISLATIVE

BODIES, together constitute three fourths

of the whole number of States in the

United States:

Now, therefore, be it known that I,

William H. Seward, Secretary of State of

the United states, by virtue and in

pursuance of the second section of the

act of Congress, approved the twentieth

of April, eighteen hundred and eighteen,

hereinbefore cited, DO HEREBY CERTIFY

A - 81

THAT IF THE RESOLUTIONS OF THE

LEGISLATURES OF OHIO AND NEW JERSEY

RATIFYING THE AFORESAID AMENDMENT ARE TO

BE DEEMED AS REMAINING OF FULL FORCE AND

EFFECT, NOTWITHSTANDING THE SUBSEQUENT

RESOLUTIONS OF THE LEGISLATURES OF THOSE

STATES, WHICH PURPORT TO WITHDRAW THE

CONSENT OF SAID STATES FROM SUCH

RATIFICATION, then the aforesaid

amendment has been ratified in the manner

hereinbefore mentioned, and so has become

valid, to all intents and purposes, as a

part of the Constitution of the United

States.

In testimony whereof, I have hereunto

set my hand; and caused the seal of the

Department of State to be affixed.

Done at the city of Washington, this

twentieth day of July, in the year of or

Lord one thousand eight hundred and

Sixty-eight, and of the Independence of

A - 82

the United States of America the

ninety-third.

William H. Seward, Secretary of State.

/////

/////

/////

A = @2

eek kk &

PROCLAMATION OF RATIFICATION

14th Amendment (July 28, 1868 ]

(15 Stat. 708)

WILLIAM H. SEWARD,

SECRETARY OF STATE OF THE UNITED STATES

Whereas by an act of Congress passed

on the twentieth of April, one thousand

eight hundred and eighteen, entitled, "An

act to provide for the publication of the

laws of the United States and for other

purposes," it is declared that whenever

official notice have been received at the

Department of State that any amendment

which heretofore has been and hereafter

may be proposed to the Constitution of

the United States HAS BEEN ADOPTED TO THE

PROVISIONS OF THE CONSTITUTION, it shall

be the duty of the said Secretary of

State forthwith to cause the said

amendment to be published in the

newspapers authorized to promulgate the

A - 84

laws, with his certificate, specifying

the States by which the same may have

been adopted, and that the same has

become valid to all intents and purposes

as a part of the Constitution of the

United States.

And whereas the Congress of the United

States, on or about the sixteenth day of

June, one thousand eight hundred and

sixty-six, submitted to the legislatures

of the several States a proposed

amendment to the Constitution in the

following words, to wit:

"JOINT RESOLUTION PROPOSING AN AMENDMENT

TO THE CONSTITUTION OF THE UNITED STATES.

"Be it resolved by the Senate and

House of Representatives of the United

States of America in Congress assembled,

(two thirds of both Houses concurring),

That the following article be proposed to

the legislatures of the several States as

an amendment to the Constitution of the

A =- 85

United States, which when ratified by

three fourths of said legislatures, shall

be valid as part of the Constitution.

namely:

"ARTICLE XIV.

"Section 1. All persons born or

naturalized in the United States, and

subject to the jurisdiction thereof, are

citizens of the United States and of the

State wherein they reside. No State

Shall make or enforce any law which shall

abridge the privileges or immunities of

citizens of the United States; nor shall

any State deprive any person of life,

liberty, or property, without due process

of law, nor deny to any person within its

jurisdiction the equal protection of the

laws.

"Section 2. Representatives shall be

apportioned among the several States

according to their respective numbers,

counting the whole number of persons in

A - 86

H

{

each State, excluding INdians not taxed.

But when the right to vote at any

election for the choice of electors for

President and Vice-President of the

United States, Representatives in

Congress, the executive and judicial

officers of a State, or the members of

the legislature thereof, in denied to any

of the male inhabitants of such State,

being twenty-one years of age, and

citizens of the United States, or in any

way abridged, except for participation in

rebellion or other crime, the basis of

representation therein shall be reduced

in the proportion which the number of

such male citizens shall bear to the

whole number of male citizens twenty-one

years of age in such State.

"Section 3. No person shall be a

Senator or Representative in Congress, or

elector of President and Vice-President,

or hold any office, civil or military,

under the United States, or under any

A - 87

State, who, having previously taken an

Oath, as a member of Congress, or as an

officer of the United States, or as a

members of any State legislature, or as

an executive or judicial Officer of any

State, to Support the Constitution of the

United States, shall have engaged in

insurrection or rebellion against the

Same, or given aid or comfort to the

enemies thereof. But Congress may, by a

vote of two thirds of each House, remove

such disability.

"Section 4. The validity of the

public debt of the United States,

authorized by law, including debts

incurred for Payment of pensions and

bounties for services in Suppressing

insurrection or rebellion, shall not be

questioned. But neither the United

States nor any State shall assume or pay

any debt or obligation incurred in aid of

insurrection or rebellion against the

United States, or any Claim for the loss

A - 88

or emancipation of any slave; but all

such debts, obligations, and claims shall

be held illegal and void.

"Section 5. The Congress shall have

power to enforce, by appropriate

legislation, the provisions of this

article.

"SCHUYLER COLFAX,

"Speaker of the House of

Representatives.

"LA FAYETTE S. FOSTER,

"President of the Senate pro

tempore.

AND WHEREAS THE SENATE AND HOUSE OF

REPRESENTATIVES CF THE CONGRESS OF THE

UNITED STATES, ON THE TWENTY-FIRST DAY OF

JULY, ONE THOUSAND EIGHT HUNDRED AND

SIXTY-EIGHT, ADOPTED AND TRANSMITTED TO

THE DEPARTMENT OF STATE A CONCURRENT

RESOLUTION, WHICH CONCURRENT RESOLUTION

IS IN THE WORDS AND FIGURES FOLLOWING, TO

WIT:

A=- 89

"IN SENATE OF THE UNITED STATES,

"July 21, 1868.

"Whereas the legislatures of the

States of Connecticut, Tennessee, New

Jersey, Oregon, Vermont, West Virginia,

Kansas, Missouri, Indiana, Ohio,

Illinois, Minnesota, New York, Wisconsin,

Pennsylvania, Rhode Island, Michigan,

Nevada, New Hampshire, Massachusetts,

Nebraska, Maine, Iowa, Arkansas, Florida,

North Carolina, Alabama, South Carolina,

and Louisiana, being three fourths and

more of the several States of the Union,

have ratified the fourteenth article of

amendment to the Constitution of the

United States, duly proposed by two

thirds of each House of the Thirty-ninth

Congress; therefore,

"Resolved by the Senate (the House of

Representative concurring,) THAT SAID

FOURTEENTH ARTICLE IS HEREBY DECLARED TO

BE A PART OF THE CONSTITUTION OF THE

A - 90

UNITED STATES, AND IT SHALL BE DULY

PROMULGATED AS SUCH BY THE SECRETARY OF

Makiest. Geo. ©. Gorham, Secretary

July 21, 1868.

"Resolved, That the House of

Representatives concur in the foregoing

concurrent resolution of the Senate

‘declaring the ratification of the

fourteenth article of amendment of the

Constitution of the United States."

"Attest: Edwd. McPherson, Clerk."

And whereas official notice has been

received at the Department of State that

the legislatures of the several States

next hereinafter named have, at the times

respectively herein mentioned, taken the

proceedings hereinafter recited upon or

in relation to the ratification of the

said proposed amendments, called article

fourteenth, namely:

A= 91

The legislature of Connecticut

ratified the amendment June 30th, 1866;

the legislature of New Hampshire ratified

it July 7th, 1866: the legislature of

Tennessee ratified it July 19th, 1866;

the legislature of New Jersey ratified it

September llth, 1866, and the legislature

of the same State passed a resolution in

April, 1868, to withdraw its consent to

it; the legislature of Oregon ratified it

September 19th, 1866; the legislature of

Texas rejected it November lst, 1866; the

legislature of Vermont ratified it on or

previous to November 9th, 1866; the

legislature of Georgia rejected it

November 13th, 1866; the legislature of

North Carolina rejected it December 4th,

1866, and the legislature of the same

State ratified it July 4th, 1868; the

legislature of South Carolina rejected it

December 20th, 1866, and the legislature

of the same State ratified it July 9th,

1868; the legislature of Virginia

A - 92

3 Gangte

rejected it January 9th, 1867; the

legislature of Kentucky rejected it

January 10th, 1867; the legislature of

New York ratified it January 10th, 1867;

the legislature of Ohio ratified it

January, lith, 1867, and the legislature

of the same State passed a resolution in

January, 1868, to withdraw its consent to

it; the legislature of Illinois ratified

it January 15th, 1867; the legislature of

West Virginia ratified it January 16th,

1867; the legislature of Kansas ratified

it January 18th, 1867; the legislature of

Maine ratified it January 19th, 1867; the

legislature of Nevada ratified it January

22d, 1867; the legislature of Missouri

ratified it on or previous to January

26th, 1867; the legislature of Indiana

ratified it January 29th, 1867; the

legislature of Minnesota ratified it

February lst, 1867; the legislature of

Rhode Island ratified it February 7th,

1867; the legislature of Delaware

A=- 93

rejected it February 7th, 1867; the

legislature of Wisconsin ratified it

February 13th, 1867; the legislature of

Pennsylvania ratified it February 13th,

1867; the legislature of Michigan

ratified it February 15th, 1867; the

legislature of Massachusetts ratified it

March 20th, 1867; the legislature of

Maryland rejected it March 23d, 1867; the

legislature of Nebraska ratified it June

15th, 1867; the legislature of Iowa

ratified it April 3d, 1868; the

legislature of Arkansas ratified it April

6th, 1868; the legislature of Florida

ratified it June 9th, 1868; the

legislature of Louisiana ratified it July

9th, 1868; and the legislature of Alabama

ratified it July 13th, 1868.

Now, therefore, be it known that i.

William H. Seward, Secretary of State of

the United States, in execution of the

aforesaid act, AND OF THE AFORE SAID

CONCURRENT RESOLUTION OF THE 21ST OF

A- 94

JULY, 1868, AND IN CONFORMANCE THERETO,

do hereby direct the said proposed

amendment to the Constitution of the

United States to be published in the

newspapers authorized to promulgate the

laws of the United States, AND I DO

HEREBY CERTIFY THAT THE SAID PROPOSED

AMENDMENT HAS BEEN ADOPTED IN THE MANNER

HEREINBEFORE MENTIONED BY THE STATES

SPECIFIED IN THE SAID CONCURRENT

RESOLUTION, namely the States of

Connecticut, New Hampshire, Tennessee,

New Jersey, Oregon, Vermont, New York,

Ohio, Illinois, West Virginia, Kansas,

Maine, Nevada, Missouri, Indiana,

Minnesota, Rhode Island, Wisconsin,

Pennsylvania, Michigan, Massachusetts,

Nebraska, Iowa, Arkansas, Florida, North

Carolina, Louisiana, South Carolina,

Alabama, and also by the legislature of

the State of Georgia; the States thus

specified being more than three fourths

of the States of the United States.

A =- 95

And I do further certify that the said

amendment has become valid to all intents

and purposes as a part of the

Constitution of the United States.

‘In testimony whereof I have hereunto

set my hand and caused the seal of the

Department of State to be affixed.

Done at the city of Washington this

twenty-eighth day of July, in the year of

our Lord one thousand eight hundred and

Sixty-eight, and of the Independence of

the United States of America the ninety-

third.

William H. Seward,

Secretary of State.

A - 96

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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