“we passed the resolution, but it never made it into the Faculty Handbook!”). Instead, the debate between historians and conspiracy buffs is about an amendment that was almost ratified in 1812 that would have been the 13th Amendment, bumping back the current 13th Amendment–which was ratified on this day in 1865 and abolished slavery–to the position of … In the 1980s, Adler says a conspiracy researcher started finding copies of the Constitution from the pre-Civil War era that had TONA listed as the 13th Amendment. But how could the Founding Fathers and their heirs become so confused by a handful of amendments? That hasn’t kept the debate over TONA off the Internet, as there are many websites that claim it is the legitimate 13th Amendment. It may seem that preposterous that an amendment from the early 1800s could still become a law today, but the 27th Amendment was proposed in 1789 and finally approved in 1992. On December 6, 1865, the 13th Amendment to the U.S. Constitution, officially ending the institution of slavery, is ratified. Further research revealed that President James Monroe asked his Secretary of State, John Quincy Adams, to confirm that the TONA was never ratified, which he did. That triggered a request for Monroe and Adams to verify that the amendment hadn’t been ratified.
The amendment was passed by Congress on January 31, 1865, and ratified by the required 27 of the then 36 states on December 6, 1865 and proclaimed on December 18. That “missing” proposal was called the “Titles of Nobility Amendment” (or TONA). Today, TONA supporters have made several legal challenges to get the “original” 13th Amendment recognized. 13th Amendment Passes. Then, an official version of the Constitution was given to Congressional members that included the TONA as the 13th Amendment, as an apparent misprint. A law journal article from 1999 by Jol A. Silversmith, an attorney, explains how the TONA appeared in widely published versions of the Constitution for more than 30 years, including the official United States Statutes at Large (an official compilation of laws published by the government in 1815). Along with the 14th and 15th Amendments, the 13th Amendment was the first of the three Reconstruction Period amendments adopted following the Civil War. The premise was that Virginia’s legislature had approved the amendment in 1819, but somehow, it was never listed as accepted by the federal government. One website, Constitutional Concepts, has a certified copy from June 12, 1812, of a letter sent to the state of New Hampshire by its governor, stating that Virginia had ratified the TONA, as well as other states. But an official letter or note from the Virginia legislature couldn’t be found several years later. On January 31, 1865, the House of Representatives passed the proposed amendment with a vote of 119-56, just over the required two-thirds majority. The issue hasn’t been taken up by the Supreme Court, and Silversmith says a 2005 U.S. district court ruling says that based on Article V of the Constitution, the inclusion of TONA in published documents doesn’t make it an amendment.
The United States Statutes at Large wasn’t reprinted until 1845, so the mistake became part of textbooks, state publications, and newspapers, Silversmith said, for decades. Today, the idea of a constitutional controversy about the royals may seem kind of silly, but in 1812, the United States was fighting the British and had a rocky relationship with France. As the War of 1812 escalated, the TONA faded away as an issue and was never ratified. The Iowa Republicans didn’t want the current 13th Amendment banned; they just wanted the “original” one reintroduced for approval. His well-documented story of the “missing” amendment has more than 200 footnotes and a lot of interesting stories about how the Founding Fathers couldn’t keep track of new amendments they had just passed. And both the Senate and the House easily passed the TONA and passed it on to the states. The penalty was loss of citizenship. Writer Jerry Adler’s 2010 explanation of the “Thirteenthers” controversy is pretty detailed and covers both sides of the issue—which isn’t new but got a big burst of publicity thanks to the Iowa GOP’s 2010 platform. By late 1812, a total of 12 states had approved the 13th Amendment and ironically, it needed a 13th state to become ratified. It was the first of the three Reconstruction Amendments adopted following the American Civil War. On February 1, 1865, President Abraham Lincoln approved the Joint Resolution of Congress submitting the proposed amendment to the state legislatures. Silversmith also said Virginia’s Senate rejected the TONA on February 14, 1811, based upon information in its records.
Of course, on April 30, 1812, Louisiana became a state, which raised the ratification requirement to 14 states.
So a whole generation of Americans lived during a time when the “phantom” 13th Amendment existed, in some publications. President John Adams waited three years to acknowledge the 11th Amendment as law, and it took Secretary of State James Madison (the “Father of the Constitution”) three months to recognize the 12th Amendment as an effective law.
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