House joint resolution NO. 9
By Request of the ****
A joint resolution of
the Senate and the House of Representatives of the state of montana DECLARING
DOCUMENTS RELATED TO THE ORIGINAL 13th AMENDMENT AS RECORDS OF PERMANENT VALUE
AND REQUESTING THE MONTANA HISTORICAL SOCIETY CREATE A REPOSITORY FOR PRESERVATION
OF THE RECORDS.
WHEREAS, in 1810 an amendment to the United
States Constitution prohibiting titles of nobility was introduced by United
States Senator Philip Reed, passed both houses of Congress, and was sent to the
states for ratification; and
WHEREAS, this amendment, now known as the
original 13th Amendment, states "If any citizen of the United States shall
accept, claim, receive or retain any title of nobility or honor, or shall,
without the consent of Congress, accept and retain any present, pension, office
or emolument of any kind whatever, from any Emperor, King, Prince or foreign
power, such person shall cease to be a citizen of the United States, and shall
be incapable of holding any office of trust or profit under them, or either of
them"; and
WHEREAS, 13 states were necessary to ratify the
proposed amendment to make it part of the United States Constitution; and
WHEREAS, 12 states ratified the original 13th Amendment
between 1810 and 1812, shortly before the outbreak of the War of 1812, during
which time many records were destroyed in the tumult of war; and
WHEREAS, there exists no record of ratification
or rejection by the state of Virginia regarding the original 13th Amendment;
nonetheless Virginia passed legislation to republish its civil code and the
United States Constitution and its amendments on March 12, 1819; and
WHEREAS, Virginia's republication of the laws
included the original 13th Amendment to the United States Constitution, thereby
announcing its ratification of the amendment; and
WHEREAS, word of Virginia's ratification of the
original 13th Amendment spread to various states and territories that also
published the amendment and ordered copies of the United States Constitution
with the original 13th Amendment for dissemination and use in schools; over a
41-year period, 11 different states and territories printed the amendment in 20
separate publications; and
WHEREAS, publication is prima facie evidence of
the ratification of the original 13th Amendment of the United States
Constitution; and
WHEREAS, documents relating to the original 13th Amendment
and states' ratification and consideration of the amendment are valuable
artifacts of our state and country and should have a secure and central location
accessible by all Montanans.
Now, therefore, be it resolved by the Senate
and the House of Representatives OF THE STATE OF MONTANA:
That the documents relating
to the original 13th Amendment and states' ratification and consideration of
the amendment are records of permanent value worthy of preservation.
BE IT FURTHER RESOLVED, that the Montana Historical
Society should create a repository for the preservation of these records of
permanent value concerning the original 13th Amendment.
BE IT FURTHER RESOLVED, that the Montana Secretary of State
send a copy of this resolution to the Montana Historical Society and to each
member of the Montana Congressional Delegation.
INTRODUCED
BY J. Read