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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3
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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
e~ eek Kk
I
COURT ORDERS AND MEMORANDUMS
x ek kk
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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.
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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
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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
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(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
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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
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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
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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
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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 -
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(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,
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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);
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(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
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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
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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
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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
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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
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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
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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,
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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
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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
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the United States of America the
ninety-third.
William H. Seward, Secretary of State.
/////
/////
/////
A = @2
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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
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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
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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:
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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
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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.
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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.