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The Real Thirteenth Article of Amendment to the Constitution of the United States - Titles of Nobility and Honour

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The Constitution for the United States, Its Sources and Its Application

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The Real Thirteenth Article of Amendment

to the Constitution of the United States -

Titles of Nobility and Honour

From: http://www.barefootsworld.net/real13th.html

Amendment Article XIII

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

The Real Thirteenth Amendment, shown above, was ratified March 12, 1819 with the vote of the Virginia General Assembly to publish the Revised Code of the Laws of Virginia with this article of amendment included in the Constitution of the United States, and thus it became an integral part of the Constitution for the United States of America. This amendment added a heavy penalty, not included in the original exclusion of Titles of Nobility provided in Article I, Section 9 of the Constitution, upon any person holding or accepting a Title of Nobility or Honour, or receiving any emolument, other than their legitimate earnings, under any guise from external sources, by making that person "cease to be a citizen of the United States" and "incapable of holding any office of trust or profit under the them, or either of them." This amendment was proposed, properly ratified, and was a matter of record in the several States archives until 1876, by which time it was quietly, and fraudulently "disappeared", never repealed, during the period of Reconstruction after the Civil War and the presently acknowledged Thirteenth Amendment was substituted.

The original records of the real Thirteenth Amendment were thought to be destroyed at the time of the burning of the capitol during the War of 1812, but have since been found in the archives of the British Museum library in London and in the archives of several of the States and territories. The fact of its existence had been lost to memory until researchers accidentally discovered in the public library at Belfast, Maine a copy of the 1825 Maine Constitution and that of the United States which included this amendment. Subsequent research shows that it was in the records of the ratifying states, and subsequently admitted states and territories until 1876. The last to drop it from record was the Territory of Wyoming after 1876. The most intriguing discovery was the 1867 Colorado Territory edition which includes both the "missing" Thirteenth Amendment and the current 13th Amendment, on the same page. The current 13th Amendment is listed as the 14th Amendment in the 1867 Colorado edition. Ref. colo68-1.jpg, colo68-2.jpg, colo68-3.jpg, colo68-4.jpg, and colo68-5.jpg.

The 1876 Laws of Wyoming similarly show the "missing" Thirteenth Amendment, the current 13th Amendment (freeing the slaves), and the current 15th Amendment on the same page. The current 13th Amendment is listed as the 14th and the current 15th Amendment is listed as the 15th, the current 14th amendment being omitted in the 1876 Wyoming edition. Graphics of these may be viewed by clicking on these links, wyo76-1.jpg, wyo76-2.jpg, wyo76-3.jpg

The Founders Fathers of Our Nation held an intense disdain and distrust of a privileged "Nobility" as a result of a long history, during Colonial times, of abuses and excesses against the Rights of Man and the established Common Law and Constitutions by the privileged "Nobility", and therefore placed in the new Constitution two injunctions against the use or recognition of "Titles of Nobility or Honor" and acceptance of any emoluments whatever from external sources, the first pertaining to the federal government, Article I, Section 9, and the second pertaining to the individual states, Article I, Section 10.

The Revolutionary War for Independence was primarily waged to eliminate these abuses and excesses of the "Nobility" from the life of the Nation, recognizing the Equality of all men. As there was no penalty attached to accepting, claiming, receiving or retaining a title of nobility or honor or emoluments in the Constitution as originally ratified, the Thirteenth Amendment was proposed in December of 1809 to institute penalty for accepting or using a "Title of Nobility or Honour" to set oneself apart from, or superior to, or possessing of any special privileges or immunities not available to any other citizen of the United States. It also instituted the same penalty for accepting and retaining any present, pension, office, or emolument of any kind whatever, from any Emperor, King, Prince, or foreign Power. An emolument is payment in any form for services rendered or to be rendered, or as understood today, a graft or a bribe.

Thus it was, that on January 18th of 1810, Senators led by Philip Reed of Maryland issued their first version of a proposed amendment to the Constitution, (known now as the T.O.N. or TONA, or more properly -- the original Thirteenth Article of Amendment to the Constitution for the United States of America). Records show that the vote to send the final version of the amendment to the states for ratification was taken on Thursday, April 26th, first, a motion to delay voting on the proposed amendment was defeated 8-20, then the proposal was approved by the margin of 26 to 1, with seven Senators either absent or not voting. Biographical data of the Senators in office at the time of the vote on the amendment may be found at Appendix II. They were very able and worthy men, some of the most extraordinary and illustrious Americans of that day.

The House of Representatives voted to approve the amendment May 1st, 1810. With considerable support both from Federalists in New York and Massachusetts, and Democratic-Republicans in the south, the amendment was approved by a vote of 87-3. Eighteen of the 21 members from Virginia voted for it. Seventeen of the 18 members from Pennsylvania voted for it, while those from New York numbered 7 for, 1 against, with 6 absent or not voting. Rhode Island's Robert Jackson, Jr. was absent, but the Revolutionary War veteran Elisha R. Potter voted for it.

In its final form, as sent to the Legislatures of the seventeen States for ratification, it reads as follows:

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

The first state to ratify the amendment was Maryland, which did so Christmas Day, December 25, 1810. A Table showing the dates on which the remaining states voted to ratify or reject the amendment is shown at this hyperlink. So also are shown the official publications which researchers have uncovered in the various archives. The researchers are now in physical possession of other extant volumes of the same after years of searching old bookstores and auctions. The researchers' collection also includes many private printings and newspapers that contain the Thirteenth in its proper place.

The ratification by Maryland was followed closely by Delaware, Pennsylvania, New Jersey, Georgia, North Carolina, Vermont, Kentucky, and Tennessee, all of which ratified the amendment in 1811. Massachusetts and New Hampshire ratified in 1812 by which time the War of 1812 had commenced. New York and Connecticut rejected the amendment in 1813 and Rhode Island did so in 1814. South Carolina tabled the proposal Dec. 21, 1814. This left the proposed amendment one shy of final ratification, the vote of Virginia either lost or not taken in the chaos and confusion of the War of 1812.

Authorized by an act of the Virginia General Assembly (February 15, 1817), the complete revision of the State's laws were entrusted to five of Virginia's most prominent lawyers and legal scholars: William Brockenbrough, Benjamin Watkins Leigh, Robert White, and judges of the supreme court of appeals, Spencer Roane and John Coalter. When their work was concluded, the Virginia General Assembly voted on March 12, 1819 to publish the Revised Code of the Laws of Virginia with both the Constitution of Virginia and the Constitution of the United States including the Thirteenth Amendment intact and in its proper place. Thus, the vote of Virginia was accomplished and the amendment was ratified.

The General Assembly of Virginia authorized the distribution of the Revised Code of 1819 with ten copies designated for the executive branch of Virginia, five copies for the Clerk of the General Assembly, and four copies for the Secretary of State of the United States; one copy each for Thomas Jefferson, James Madison, and President James Monroe; one copy each for the federal Senate, House, and Library of Congress, and one copy for every judge in the courts of the United States in Virginia. Thus was the Federal Government notified of the actions of the Virginia General Assembly ratifying the Thirteenth Amendment.

By February of 1820, sufficient copies of the Revised Code had been printed to make it available for public sale, and it was advertised as such in a Richmond newspaper. Research conducted on this subject indicates that at least six or seven other Virginia newspapers also carried advertisements for the new Code.

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Historical Background

What prompted the need for the Thirteenth Amendment?

In that day, just as there are today, there were unprincipled nations, corporations and men, both within and without our Nation, seeking every means of power and control, appealing to the egos, lusts and greeds of men. The Constitution had no means of enforcing a penalty on their attempts to suborn our citizens and to subvert the Constitution and our fledgling Republic. Thus the need for the Thirteenth Article of Amendment to the Constitution as the monarchies of Europe tried to extend their hegemony over the United States and the Western Hemisphere.

This Article of Amendment is intimately connected to questions of war and national defense. It is designed to combat internal subversion and discord sowed by people who are adhering to foreign powers without stepping across the bold Consitutional line of treason. The authors of the TONA wrote it after some additional experience with how the British Empire, as well as other European nations, actually conduct their affairs. It is a corrective and supplemental measure to go along with Constitutional treason.

A short time after the Thirteen Amendment was ratified, President Monroe in his annual address to Congress, December 2, 1823 enunciated the Monroe Doctrine excluding European colonization or interference in the affairs of the Nations in the Western Hemisphere.

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"The sovereignty, the honor, and the best interests of America have been assailed," said George Poindexter, Delegate from the Mississippi Territory, "by Francis James Jackson, Minister Plenipotentiary of His Britannic Majesty." Speaking of the British ambassador on the floor of the House of Representatives on December 30th, 1809, the gentleman from Woodville used all the florid constructions of political speech making then common, and sharpened his attack, like any good westerner would do.

The British ambassador was, in his words, "a Minister sent among us to excite the demon of discord and division; a legalized spy, prowling from Hampton to New York and through every city, town, and village, to designate the victims of corruption, and to subvert, if possible, the allegiance of the citizens from their Government, and thereby promote the views of the King, his master."

Thousands of Creek and Seminole warriors lived peaceably in the many towns and settlements which dotted the rivers west of the Georgia frontier. However, their kinsmen living in Florida, under Spanish rule, were undisciplined raiders by comparison, and their towns were havens for runaway slaves. Men of the western frontier were well aware that the great Creek leader, Alexander McGillivray, had served as a colonel in the British Army during the Revolution, and had grown wealthy as a civil servant of Spain. Shortly before his death in 1793, McGillivray, chief of the Creek and Seminole, had repudiated the treaty of peace negotiated in 1790 at New York.

Poindexter, a Virginia-born lawyer, was fully cognizant of what almost all the men of the western frontier knew at that time. British policy under the leadership of Sir James Craig, Governor-in-Chief of Canada, was to encourage the Indian tribes and clans from southern Ontario to western Florida to resist both American diplomacy and expansion. To accomplish his goals Craig recruited the Shawnee leader Tecumseh, who was the son of a Creek woman and thus respected in their Upper and Lower Towns.

"The British Ministry," said Poindexter, who was openly disdainful of New England's Federalists in the House, "on every occasion which required extraordinary duplicity, have availed themselves of this incendiary [Francis J. Jackson]." British hypocrisy in their own relations with the Indians was insignificant, compared to the threat that civilized, intelligent Creek leaders, like William Weatherford, the nephew of McGillivray, might quickly turn against their American neighbors.

When Poindexter's comments are coupled with an equally critical, and lengthy, speech that had been given by Senator William Branch Giles of Virginia on December 8th, 1809, there can be no doubt that the growing antagonism against Britain, and her new ally, Spain, had reached a slow boil in the Congress of the new United States.

New England Federalists had their own set of antagonisms, focused on Napoleon Bonaparte's family and his tendency to foment revolution, and then to replace weakly-drawn republican governors with aristocratic titles for his kinfolk, enforced by imperial French armies. In that way Joseph Bonaparte was made King of Naples in 1806 and Jerome (or Jarome) Bonaparte, well-known to Americans, having been married to an American named Elizabeth Patterson for three years became the King of Westphalia in 1807.

Both of the principal factions in the Senate had reasons to seek a constitutional solution to the threats that the powerful, rich, and quarrelsome European monarchies and the far-reaching banking establishments posed to their young Republic.

It is most important to note that the same conditions prevail today, only more so, and the need for the Thirteenth Amendment is even greater today as we enter a new millennium, with the United States interfering in the affairs of the nations of Europe and Asia. With China and other nations buying voting blocks with illegal donations, i.e. "emoluments", "grafts" and "bribes", to the campaign funds and personal pockets of presidents, senators and congressmen, and others of our elected and appointed servants. With lobbying groups and multi-national corporations, which might properly be termed "foreign powers", doing the same. With the duplicity evinced in the unprincipled, unethical and immoral conduct of a number of our elected representatives, who have subverted the Constitution at every step, who would destroy the Sovereignty of the United States of America. With the repudiation of the good sense of the policy of non-interference given by President Munroe in the Monroe Doctrine.

The real importance of the Thirteenth Titles of Nobility and Honour Amendment to our American Republic, soon to enter upon a new millennium, lies in its origins. Its original purposes were: a) to protect the State and Federal election processes from bribery, graft and political chicanery, and b) to shield the federal government itself from both espionage and the domestic intrigues of foreign agents-provocateur, by placing a severe penalty on citizens so engaged.

The Amendment was proposed in the midst of an ever-deepening diplomatic crisis in the early years of the 19th century, with the continued impressments of sailing men from American ships on the high seas, with Spain falling into the arms of the British lion after being conquered by France. Our Second War of Independence with Britain in 1812 had commenced during the ratification process. With the burning and destruction in 1814 of the Library of Congress and the loss of many of the secret journals of the House of Representatives, it is impossible to know exactly what was on the minds of the men led by Philip Reed of Maryland, who drafted and approved this measure in the Senate of the United States.

When a major war is in progress, with British ships raiding the coast and blocking the whole Chesapeake from commerce, and bloody fights with the Creek and other Indians progressing all through the southwestern frontier, and with an apparent plot to swing power to revolutionaries in Spanish New Mexico going on, the whole era has come into focus as being a time of incredible and convoluted intrigues.

Clearly the Thirteenth Amendment was written to stop the depredations of Ambassadorial level spies like Francis Jackson of Britain, and corrupted officials like General James Wilkinson and Aaron Burr. Wilkinson was definitely a Spanish royal agent. All the rest is incidental. The large number of lawyers and men who served as judges either before going to Congress or after voting for the Titles of Nobility and Honour amendment indicates that this was not about any monopoly power of lawyers at that time. The continuous fight over banking in that era was part of the background of this process, but not the motivation for the men who wrote or supported this measure.

Land speculation was an issue, maybe a key issue. "Pensions" in that day and age almost always meant land which paid a rent or which brought an annuity with it. Emoluments also meant any other form of payment, i.e., Spanish gold or silver, and the large amount of land in Spanish Florida, Spanish New Mexico (which included Texas), and Cuba which could have been used by British agents on behalf of their Spanish allies. The British bought the allegiance of Indian tribes from southern Ontario to northern Florida, to ensure that they either stayed neutral, or worked against and fought against the new United States. They did so with trade goods and guarantees of arms, and food, which indicates that the hunting grounds were going bare even as early as 1809. Although the British opposed slavery, they had no problems with the southern Indians keeping control of their own slaves.

The Thirteenth Amendment was a measure against British imperialism in the wake of their alliance with Spain, and it was supported by Federalists who were eminently suspicious of the "democratic clubs" fomented by the Bonapartes, who would always follow a republican revolution with their own seizures of power and creation of new titles.

This we do know, the Thirteenth Titles of Nobility and Honour Amendment was written and passed by a Congress which was reacting to the depredations of British aristocrats and Spanish grandees, to safeguard a government which was an infant among the nations of the world, but a strong one. It was clearly designed to defeat the plans and to retard the plots of skilled men of espionage, worldly-wise diplomats and to stifle homegrown Bonapartists. It was not the work of xenophobic men, but of hard-skulled and practical political leaders from both the Federalist and the Madisonian factions.

After it was ratified, a large number of subsequent publications of the original Thirteenth Amendment appeared throughout the nation. It appeared in books of State law, in volumes of history, collections of Presidential addresses, in newspapers and special publications of the Constitution, for example, in the Whig Party Almanac of 1845, as issued by the New York Tribune. Throughout the Jacksonian era, men of government read their law books and those books included the Thirteenth Titles of Nobility and Honour Amendment as the lawful Article XIII.

"The rich and powerful too often bend the acts of government to their selfish purposes...Distinctions in society will always exist under every just government. Equality of talents, of education, or of wealth can not be produced by human institutions. In the full enjoyment of the gifts of Heaven and the fruits of superior industry, economy, and virtue, every man is equally entitled to protection by law; but when they undertake to add to these natural and just advantages artificial distinctions, to grant titles, gratuities, and exclusive privileges, to make the rich richer and the potent more powerful, the humble members of society - the farmers, merchants, and laborers - who have neither the time nor the means of securing like favors to themselves, have a right to complain of the injustice of their government." - President Andrew Jackson, following his resounding veto of The Second Bank of the United States

The suppression of the T.O.N.A. now boils down to a fight, then and now, over the control of the currency and speculation in the land and resources of the United States, by foreign agents and multi-national corporations, willingly and willfully aided and abetted by the legal establishment and the judiciary of the United States.

"Permit me to issue and control the money of a nation and I care not who makes the laws..." Mayer Amschel Rothschild (1744-1812)

"Governments do not govern, but merely control the machinery of government, being themselves controlled by the hidden hand." -- Benjamin Disraeli Chancellor of the Exchequer; Prime Minister of Britain (I am trying to source this quote)

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time, a legal system that authorizes it and a moral code that glorifies it." - Frederic Bastiat - (1801-1850) in Economic Sophisms

"It is easy to understand why the law is used by the legislator to destroy in varying degrees among the rest of the people, their personal independence by slavery, their liberty by oppression, and their property by plunder. This is done for the benefit of the person who makes the law, and in proportion to the power that he holds." - Frederic Bastiat - (1801-1850) in The Law

"This is a government of the people, by the people and for the people no longer. It is a government of corporations, by corporations, and for corporations." - U.S. President Rutherford B. Hayes

"The balance of power has shifted in recent years from territorially bound governments to companies that can roam the world." - Global Dreams: Imperial Corporations and the New World Order

When the Thirteenth Titles of Nobility and Honour Article of Amendment was made to "disappear", it did not vanish all at once but it was, rather, replaced by stages and by degrees. This gradualism was simply ignored by a legal establishment and judiciary loyal to the international banking establishment, and the privileged "nobility" of the rich, both of the United States and of Europe, and the common man knew nothing of it. The fact cannot be ignored that it is with the willingly purchased aid of both the judiciary and the legal establishment that the rich and powerful bend the acts of government to their selfish purposes. Jefferson warned of this.

Conclusion

America's growing "aristocracy" depends on the growth and maintenance of a Servile State. Slave whips went out in 1865, but no matter - far more sophisticated ways of control have been, and will continue to be, developed as long as evil remains profitable and is contested by nothing more than the wishful thinking of the ballot. See Silent Weapons for Quiet Wars

It has long been insisted that America's fundamental problem is more legal than political and that unless the Declaration of Independence and the Constitution are respected as America's fundamental legal source, We, the People are doomed to continue suffering under the tyranny of the "aristocracy", and the lawmakers and the judges.

We the People must stop seeking remedy by squandering our substance on elections. Wishful thinking will avail us nothing. Instead, we must unite in the demand that the uncorrupted Bill of Rights and the Real 13th Amendment be respected. To do this, we must take back our courts from those who have assumed a constitutional authority they do not rightfully possess. Government, its agents and the increasingly greedy establishment they serve, will never willingly respect the unalienable rights of each of the People unless the People force them to do so.

It is a misfortune born of human nature, that, when profit born of evil remains unchecked, evil will be nurtured by the profiteers with the substance of their victims.

We, the People, certainly have to build the immediate case ourselves, but as to the rhetoric - what could we possibly say that the Founding Fathers themselves haven't already said as eloquently and profoundly as it could possibly be said?

According to James Madison:

"It will be of little avail to the people that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they can be promulgated, or undergo such incessant changes that no man who knows what the law is today can guess what it will be tomorrow." - The Federalist No. 62

"Another effect of public instability is the unreasonable advantage it gives to the sagacious, the enterprising and the moneyed few, over the industrious and uninformed mass of the people. Every new regulation concerning commerce or revenue; or in any manner affecting the value of the different species of property, presents a new harvest to those who watch the change and can trace its consequences; a harvest reared not by themselves but by the toils and cares of the great body of their fellow citizens This is a state of things in which it may be said with some truth that the laws are made for the [benefit of] few and not for the many." - Ibid

"The greatest calamity, to which the United States can be subject, is a vicissitude of laws, and continual shifting and changing from one object to another, which must expose the people to various inconveniences. This has a certain effect, of which sagacious men always have, and always will make an advantage. From whom is advantage made? From the industrious farmers and the tradesmen, who are ignorant of the means of making such advantages." - Ibid, Speech in the Virginia Ratifying Convention, 11 June 1788

It has been said that there are three types of people:

1. Those who make things happen.

2. Those who watch things happen, and

3. Those who wonder what happened.

The vast majority of mankind find themselves in the last two categories. Most have "eyes to see" but don't "see" what is happening. Most have "ears that hear" but don't "understand" what IS happening - LOCALLY, NATIONALLY OR INTERNATIONALLY

Which Category do you fit in? Are you willing to help educate yourself and your fellows to what has been and is happening?

Are you willing to insist that the Titles of Nobility and Honour Thirteenth Amendment be enforced??

Are you ready to STOP the Blackmail and Influence Peddling with EMOLUMENTS in the form of Money (Graft and Bribery) and other illegal favors, including drugs and sex, moving from hand to pocket of Politicians, Bureaucrats and Legislators, particularly as was witnessed by the Clinton administration??

If so, study all links given and post the link to this page to all persons you know. It is only to the extent that we educate ourselves and learn to lead that a difference can be made.

If We the People will Lead, the leaders will follow!!

Is it possible that if the Thirteenth TONA is enforced to stop the manipulation, meddling, influence peddling and the chicanery of politics, that Private Ryan, your children and grandchildren and mine, will not be sent to war and peace will prevail?

WE can STOP Rich Men from trading young men's blood for money!!

APPENDIX I

Definitions from Webster's New World Dictionary, College Edition

Bribe - 1. Anything, especially money, given or promised to induce a person to do something illegal or wrong; 2. Anything given or promised to induce a person to do something against his wishes. Also (vt) 2. To get or influence by bribing.

Emolument - gain from employment or position, payment received for services rendered or to be rendered.

Graft - 3. a) The act of taking advantage of one's position to gain money, property, etc. dishonestly, as in politics; b) anything acquired by such illegal methods, as an illicit profit from government business.

Honour - high rank or distinction of superiority to be treated with deference or obeisance.

Nobility - [Artificial] high station of rank or privilege in society, especially when accompanied by a title.

"These had anciently duties annexed to their respective honors. They are created either by writ, i.e., by royal summons to attend the house of peers, or by letters patent, i.e., by royal grant of any dignity and degree of peerage; and they enjoy many privileges, exclusive of their senatorial capacity." 1 Blackstone's Commentaries 396.

"Title of Nobility" is defined in relevant part as follows: "The qualities which constitute distinction of rank in civil society, according to the customs or laws of the country; that eminence or dignity which a man derives from birth or title conferred, and which places him in an order above common men. In Great Britain, nobility is extended to five ranks, those of duke, marquis, earl, viscount and baron." Webster's American Dictionary of 1828

Title - an appellation given to a person as a sign of privilege. An [artificial] claim of right.

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APPENDIX II

The following are brief biographical sketches of the Senators who voted on the Thirteenth Titles of Nobility and Honour Amendment , based on the vote of 26-1 as recorded by Gales and Seaton in their 1853 Debates and Proceedings

Delaware:

Outerbridge Horsey -- born March 5, 1777 in Sussex County. Admitted to the bar in 1807 and practiced at Wilmington, Delaware. Elected as a Federalist to replace Samuel White (who died). Served January 12, 1810 through March 3, 1821, when he retired to "Needwood," his wife's estate in Frederick County, Maryland. Died June 9, 1842.

James Asheton Bayard, Sr. -- born July 28, 1767 in Philadelphia, Pennsylvania. Graduated from Princeton College in 1784 and was admitted to the bar in 1787, practiced in Wilmington, DE. Served in the House as a member of the Fifth, Sixth, Seventh Congresses, Federalist, appointed as a manager for the impeachement of William Blount, Senator from Tennessee, 1798. Elected upon the resignation of William Hill Wells and served in the Senate from November 13, 1804 to March 3rd, 1815. Joined John Quincy Adams in negotiating the Treaty of Ghent, which ended the War of 1812. Died on August 6, 1815. NO VOTE RECORDED

Pennsylvania:

Andrew Gregg -- born June 10, 1755 in Carlisle, Pennsylvania, and was educated at the Latin School, moved to Newark, Delaware for further education and served in the militia of the Revolution. Merchant and farmer, elected to the Second Congress and re-elected continuously until he went to the Senate on March 4, 1807. Served until March 3, 1813 and was elected President pro tempore of the Senate on June 26, 1809. Secretary of the State of Pennsylvania for the years 1820-1823 but failed to win election as governor in that last year. Engaging in banking and retired to Bellefonte, PA where he died in 1835. NO VOTE RECORDED

Michael Leib -- born January 8, 1760 in Philadelphia, PA, and educated in the common schools, and at the University of Pennsylvania. Practicing physician in Philadelphia, surgeon of Eyre's Philadelphia Militia during the Revolutionary War. Elected to the Sixth Congress as a Democrat and served four terms, from March 4, 1799 to February 14, 1806, when he resigned. Elected to the Senate and served from January 9, 1809 through February 14, 1814 when he resigned to become Postmaster of Philadelphia. Served in the Pennsylvania House of Representatives in 1817 and 1818. {Note PA publications} Died on December 22, 1822 while serving as prothonotary of the U.S. District Court in Philadelphia.

New Jersey:

John Condit -- born in Orange, New Jersey on July 8, 1755 and attended the public schools there; studied medicine and served as a surgeon in the Revolutionary War, with Heardy's brigade. Founding father of the Orange Academy and was one of its trustees, 1785, which was followed by service in the New Jersey legislature. Elected to the Sixth and Seventh Congresses as a Democrat. Appointed to the Senate and then subsequently elected, and served from September 1, 1803 to March 3, 1809. Again appointed and then elected to replace Aaron Kitchell, and served from March 21, 1809 to March 3, 1817. Served eleven years as the assistant collector of the Port of New York and retired in January of 1830, and died in Orange Township on May 4th, 1834.

John Lambert -- born in Lambertville, New Jersey on February 24, 1746. Owned and managed a plantation, and engaged in agricultural pursuits, Acting Governor in 1802 and 1803, elected to the House of Representatives for the Ninth and Tenth Congresses, and elected to the Senate in 1808, serving from March 4, 1809 to March 3, 1815. Returned to his farming and died near his home town on February 4, 1823.

Georgia:

William Harris Crawford -- born in Nelson County, Virginia on February 24, 1772 and moved with the family to Columbia County, Georgia in 1783. Educated privately and at Richmond Academy in Augusta, studied law and was admitted to the bar in 1799. Member of the State House of Representatives in 1803-1807. Elected to the Senate on the death of Abraham Baldwin and served from November 7, 1807 to March 23, 1813. Minister to France for two years, ending in 1815. Secretary of War in 1815, and then Secretary of the Treasury for both James Madison and James Monroe, concluding March 3, 1825. Unsuccessful candidate for President in the election of 1824. Returned to Georgia and served as a judge. Died on September 15, 1834, at "Woodlawn," his estate in Oglethorpe County, Georgia.

Charles Tait -- born in Hanover County, Virginia on February 1, 1768, and moved to Wilkes County in Georgia where he attended Wilkes Academy. At Cokesburg College in Maryland in 1788, and a professor of French there for five years, 1789 through 1794. Studied law and admitted to the bar in Elbert County, Georgia. Elected to the Senate upon the resignation of John Milledge, and served from November 27, 1809 to March 3, 1819, whereupon he moved to Alabama, and then served as U.S. District Judge for Alabama for six years. Died on October 7, 1835, and was buried on his country estate in Wilcox County, Alabama.

James De Wolf -- born in Bristol, Rhode Island on March 18, 1764, and shipped as a sailor boy on a private armed vessel during the Revolutionary War, was twice captured and imprisoned on Bermuda. Later before he was twenty years old became captain of a ship. Elected to the Rhode Island state legislature in 1797-1801 and served again from 1803 to 1812. He fitted out a privateer and sailed against the British in the War of 1812. One of the pioneers in cotton manufacturing, he built the Arkwright Mills in Coventry, R.I. in 1812. Elected again to the State House of Representatives 1817, and was Speaker of that body from 1819 to 1821 when the Rhode Island legislature voted to approve the printing of the State laws published in 1822 with the TON attached. Elected as a Republican to the U.S. Senate and served from March 4, 1821 to October 31, 1825, when he resigned. Returned to the State House in 1829, he served there until 1837, when he died in New York City, December 21, 1837. De Wolf was not in the Senate when the TONA vote was taken but is nonetheless a fascinating character from that era. (The Liberty Ship hull number 1460 built during World War 2 was christened James De Wolf after him)

Connecticut:

Chauncey Goodrich -- born October 20, 1759 in Durham, Middlesex County, he prepared for collegiate studies. Entered Yale College and graduated in 1776 and was then employed at Hopkins Grammar School. Taught at Yale from 1778 to 1781, when he undertook the study of law. Admitted to the bar and practiced at Hartford. A Federalist, he was elected first to the State House and then to the Fourth Congress, where he served three terms. After returning to the law practice he was elected to the Senate upon the death of Uriah Tracy and served from October 25, 1807 to May of 1813. He was also both Mayor of Hartford and the Lieutenant Governor of Connecticut for two years. Participated in the "Hartford Convention" of 1814, and died on August 18, 1815.

James Hillhouse -- born October 21, 1754 at Montville, and attended the Hopkins Grammar School in New Haven. Was graduated from Yale College in 1773 and admitted to the bar after studying law, in 1775. Served in the Revolutionary War and was a Captain of the Governor's Foot Guards when the British invaded New Haven. After serving in the State House for several years he was elected to the Second Congress and served three terms. Elected to the U.S. Senate in 1796 upon the death of Oliver Ellsworth and was re-elected three times, serving from December 6, 1796 to June 10, 1810, when he resigned. A strong Federalist, he was a member of the "Hartford Convention." Treasurer of Yale College from 1782 to 1832, when he died, at New Haven, on December 20th.

Massachusetts:

James Lloyd -- born in Boston in December of 1769, and prepared at the Boston Latin School. Graduated Harvard College in 1787 and engaged in mercantile pursuits. Served in the State Senate in 1804. Elected as a Federalist to the U.S. Senate upon the resignation of John Quincy Adams, and served from June 9, 1808 until May 1, 1813. Again elected to the Senate upon the resignation of Harrison Otis Gray and served from June 5, 1822 through May 23, 1826, when he retired from public life. Died in New York City in 1831.

Timothy Pickering -- born in Salem on July 17, 1745 and attended grammar school there; entered Harvard College and was graduated in 1763. Worked as a clerk and studied law, commencing practice in Salem, 1768, and later elected to the Committee of Correspondence and Safety, 1774-1775. Registrar of deeds and a judge in 1775, he resigned to enter the Army in 1777. Appointed adjutant general in May of 1777 and became Quartermaster General of the Army in 1780. Later appointed Postmaster General and then Secretary of War under George Washington. Assumed duties of Secretary of State on December 10, 1795, where he remained until 1800. Chief Justice of the Court of Common Pleas, and then was elected as a Federalist to the Senate, serving from March 4, 1803 to March 3, 1811. Unsuccessful candidate for re-election, but was later elected to the House of Representatives and served two terms, from 1813 through 1817. Chairman of the Salem School Committee in 1821 and continued to reside there until his death in 1829, on January 20, at 83 years of age.

Maryland:

Philip Reed -- born in Kent County in 1760 and completed preparatory studies, then served in the Revolutionary Army, attaining the rank of captain of infantry. He was Sheriff of Kent County from 1791 to 1794 and a member of the executive council in 1805-1806. Elected to the U.S. Senate in 1806 upon the resignation of Robert Wright, he served from November 25th of that year until March 3, 1813. Considered to be the author of the original Thirteenth Amendment and was in charge of the Senate committee which wrote every known version of it. Upon completion of his term in the Senate, Reed returned to Maryland. Commanded the First Regiment, Maryland Militia, during the war as a Lieutenant Colonel, and led American forces to victory at the Battle of Caulk's Field, was then elevated to Brigadier General of the Maryland Militia. Elected to the Fifteenth Congress and to the Seventeenth Congress, serving in the House of Representatives, and concluding his service on March 3rd, 1823. Died at Huntingtown, Maryland on November 2, 1829 and was laid to rest in Chestertown, at the cemetery of Christ Church.

Samuel Smith -- born on July 27, 1752 in Carlisle, Pennsylvania, and moved with his family to Baltimore in 1759, where he attended the public schools. Graduated from Princeton College and engaged in mercantile pursuits, and served in the Revolutionary War as an officer -- awarded a commemorative sword by act of Congress for the defense of Fort Mifflin -- and later entered the shipping business. After serving in the State House of Delegates he was elected to the Third Congress and served from March 4, 1783 to March 3, 1803. Appointed and then elected to the Senate, he served from March 4, 1803 to March 3, 1815. Four times elected President pro tempore of the Senate. He was also appointed a Major General of the Maryland Militia and helped organize the defense of Baltimore in 1814. Elected to the House of Representatives after leaving the Senate he served from January 31, 1816 to December 17, 1822. He was then elected to fill the vacancy in the Senate caused by the death of William Pinkney and was re-elected, serving until March 3, 1833. Mayor of Baltimore in 1837, Smith then retired from public life. Died there on April 22, 1839 and was buried at the Old Westminster Burying Ground. He was apparently not related to Representative Samuel Smith of Erie, Pennsylvania, who served in the Ninth, Tenth, and Eleventh Congresses and who also voted to approve the original Thirteenth Amendment in 1810.

South Carolina:

John Gaillard -- born in St. Stephens, South Carolina on September 5, 1765, and educated for the law in England; served in the State House and the State Senate and was elected to the U.S. Senate in 1804, to fill the vacancy of Pierce Butler. Continuously re-elected for the next 22 years and served as President pro temp of the Senate on eight different occasions, including the Second Session of the Eleventh Congress. A Democrat, he died while serving in the Senate on February 26, 1826 and is buried in the Congressional Cemetery.

Thomas Sumter -- born in Hanover County, Virginia on August 14, 1734 and attended the common schools. Surveyor. Moved to South Carolina in 1760 and settled on a plantation near Stateburg: colonel of the Sixth Regiment of the Revolutionary Army, later made brigadier general of militia in 1780. Elected to the State Senate in 1781 and 1782. A Delegate to the State Convention for Ratification of the Constitution (and which he opposed), then elected as a Democrat to the First and Second Congresses. Served again in the Fifth, Sixth, and Seventh Congresses and resigned on December 15, 1801, to enter the Senate. Sent to the U.S. Senate after the resignation of Charles Pinckney, and won re-election in 1805. Resigned on December 16, 1810 and retired to his plantation at South Mount, near Stateburg. His grandson, Thomas De Lage Sumter, was twice elected to the House of Representatives. Considered to be a States Rights Democrat and a hard-liner on Free Trade. Died June 1, 1832 and is buried in the family grounds of his estate.

New York:

Obadiah German -- born on April 22, 1766, in Amenia, New York; attended the local schools and studied law; entered the bar in 1792 and practiced at Norwich, N.Y., and was elected four different times to the State Assembly. Elected as a Democrat to the U.S. Senate and served from March 4, 1809 to March 3, 1815. Again elected to the State Assembly in 1819, where he served as Speaker. Later became affiliated with the Whig Party upon its organization, and lived until September 24, 1842. Died in Norwich, New York and was interred at the Riverside Cemetery.

John Smith -- born in Mastic, Long Island, February 12, 1752 and completed preparatory education; member of the New York State Assembly 1784-1789, and also a Delegate to the ratifying convention which approved the federal Constitution. Elected as a Democrat to the Sixth and three subsequent Congresses, and served from February 6, 1800 to February 23, 1804 when his resignation became effective. Elected to the Senate to fill the vacancy caused by the resignation of De Witt Clinton. Served from February 23 of that year until March 3, 1813. Later appointed Major General of the New York militia. Died on August 12, 1816 in his hometown of Mastic, New York. VOTED NO.

Ohio

Return Jonathan Meigs, Jr. -- born on November 16, 1764 at Middletown, Connecticut, and was graduated from Yale College in 1785; studied law and was admitted to bar, and practiced in Marietta, Washington County of the Northwest Territory, 1788. Veteran of the Indian wars of that era, and a Territorial Judge in 1802-1803. Chief Justice of the Ohio Supreme Court. Officer in the U.S. Army, in the St. Charles District of Louisiana, 1804-1806. Judge of the U.S. District Court of Michigan Territory, 1807-1808. Upon his return to Ohio he was elected to the United States Senate and served from December 12, 1808 to May 1, 1810, voting for the TONA. Returned to Ohio and then served as Governor from 1810 to 1814. Postmaster General for James Madison and James Monroe. Retired to Marietta, Ohio, where he died on March 29, 1825.

Alexander Campbell -- born in Frederick County, Virginia, 1779 and later moved with his family to Kentucky, near Lexington. Educated at Pisgah Academy and then studied medicine at Transylvania University, and commenced practice in Cynthiana in 1801. Member of the State House in 1803. Moved to Ohio and settled in Brown County, where he engaged in mercantile pursuits and continued to practice medicine. Member of the Ohio State House in 1807, re-elected in 1808 and 1809, when he served as Speaker of that body; elected to the U.S. Senate to fill the vacancy caused by the resignation of Edward Tiffin and served from December 11, 1809 to March 3, 1813. He did not vote on the TONA. Moved to Ripley, Ohio to set up practice as its first physician, 1815. Again elected to the State House in 1819. Presidential elector for James Monroe in 1820, and then served in the State Senate from 1822 to 1824. Helped establish the first general anti-slavery society in Ohio in 1835, and was its vice-president. Mayor of Ripley, Ohio, for five years and lived there until November 5, 1857.

Virginia

William Branch Giles, a Representative and a Senator from Virginia; born near Amelia Court House, Amelia County, Va., August 12, 1762; pursued classical studies and graduated from the College of New Jersey (now Princeton University) in 1781; studied law; was admitted to the bar and practiced in Petersburg, Va., 1784-1789; elected to the First Congress to fill the vacancy caused by the death of Theodorick Bland; reelected to the Second and to the three succeeding Congresses and served from December 7, 1790, to October 2, 1798, when he resigned; member, State house of delegates 1798-1800; elected as a Republican to the Seventh Congress (March 4, 1801-March 3, 1803); appointed to the United States Senate as a Republican to fill the vacancy in the term beginning March 4, 1803, caused by the resignation of Abraham B. Venable; while holding the office of Senator-designate was elected on December 4, 1804, to fill the vacancy in the term beginning March 4, 1799, caused by the resignation of Wilson C. Nicholas; was reelected in 1804 and 1811 and served from August 11, 1804, to March 3, 1815, when he resigned. Giles was on the committee with Phillip Reed which drafted the final version of the TONA, but was not recorded as voting. Member, State house of delegates 1816-1817, 1826-1827; unsuccessful candidate for election to the United States Senate in 1825; Governor of Virginia 1827-1830; was a member of the State constitutional convention in 1829 and 1830; again elected Governor in 1830, but declined; died on his estate, 'Wigwam,' near Amelia Court House, Amelia County, Va., December 4, 1830; interment in a private cemetery on his estate.

Other Members of Congress or Government of importance in the history of the TONA ---

Poindexter, George -- a Delegate, a Representative, and a Senator from Mississippi; Party: Jacksonian; Anti-Jackson born in Louisa County, Va., in 1779; had a sporadic education; studied law; was admitted to the bar in 1800 and commenced practice in Milton, Va.; moved to the Territory of Mississippi in 1802 and practiced law in Natchez; attorney general of the Territory; member, Territorial general assembly 1805; elected as a Delegate from Mississippi Territory to the Tenth, Eleventh, and Twelfth Congresses (March 4, 1807-March 3, 1813); United States district judge for the Territory 1813-1817; served in the War of 1812; upon the admission of Mississippi as a State into the Union was elected to the Fifteenth Congress and served from December 10, 1817, to March 3, 1819; chairman, Committee on Public Lands (Fifteenth Congress); Governor of Mississippi 1819-1821; unsuccessful candidate for election in 1820 to the Seventeenth Congress and in 1822 to the Eighteenth Congress; appointed in 1830 to the United States Senate to fill the vacancy caused by the death of Robert H. Adams; subsequently elected, and served from October 15, 1830, to March 3, 1835; unsuccessful candidate for reelection; served as President pro tempore of the Senate during the Twenty-third Congress; chairman, Committee on Private Land Claims (Twenty-second Congress), Committee on Public Lands (Twenty-third Congress); moved to Kentucky and resumed the practice of his profession in Lexington; returned to Jackson, Miss., and continued the practice of law until his death on September 5, 1853; interment in Jackson Cemetery.

James Wilkinson -1757-1825, American general, b. Calvert Co., Md. Abandoning his medical studies in 1776 to join the army commanded by George Washington, he served as a captain in Benedict Arnold's unsuccessful Quebec campaign. Later he was Gen. Horatio Gates's deputy adjutant general in the Saratoga campaign and was given the honor of bringing to Congress the news of General Burgoyne's defeat. Congress censured Wilkinson for delay in carrying the dispatch but rewarded him by promoting him to brigadier general (1777) and making him secretary to the board of war (1778), a position he was forced to leave because of his implication in the Conway Cabal. He was (1779-81) clothier general of the army but resigned when charged with irregularities in his accounts. Wilkinson moved to Kentucky in 1784. Shortly thereafter, he became a key figure in the plan to induce what was then the SW United States to form a separate nation allied to Spain. Wilkinson apparently took an oath of allegiance to Spain and received a Spanish pension of $2,000 (and later $4,000) a year. To the Spanish authorities in New Orleans he represented his agitation for the separation of Kentucky from Virginia as part of this scheme; there is no indication, however, that he revealed any such motivation to the Kentucky conventions, in which others had expressed sentiments in favor of a separate republic of Kentucky. In 1791, Wilkinson reentered the army as a lieutenant colonel, and in 1792 he again attained the rank of brigadier general, serving under Anthony Wayne. On Wayne's death (1796) Wilkinson became ranking army officer. While governor (1805-1806) of the Louisiana Territory, he became involved in the schemes of Aaron Burr. Alarmed when he realized that his association with Burr was common knowledge, Wilkinson informed President Jefferson that Burr was plotting to disrupt the Union. Although he was chief prosecution witness at Burr's trial, he narrowly escaped indictment. Subsequently (1811) he was cleared, but just barely, by an army board of inquiry. In the War of 1812 he failed signally in the campaign to take Montreal and was relieved of his command. Once again an official inquiry left him untouched. He wrote Memoirs of My Own Times (3 vol., 1816) in an attempt to answer his many critics. He died in Mexico, where he spent his last years. See biographies by J. R. Jacobs (1938) and T. R. Hay and M. R. Werner (1941); J. E. Weems, Men without Countries (1969).

This essay was placed on the web by Bob Hardison with the Historical Research and editing assistance of Richard C. Green, Brian March, and Alan and Suzanne Nevling

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