Larry Becraft is a nationally respected attorney specializing in Constitutional issues. Forest
To whom it may concern,
The "missing 13th amendment" crowd argues that there was a "title of nobility" amendment proposed in 1810 which allegedly was ratified, even though the proponents of this flaky argument admit that they cannot actually prove that Virginia did ratify the amendment. But casting aside these problems regarding the ratification process, the advocates of this argument are just simply incorrect regarding the meaning of this non-ratified amendment.
These people claim that the term, "esquire," is a prohibited "title of nobility" within the scope of this non-ratified amendment. These people then argue as best I can tell that attorneys are thus agents of some monarch, apparently contending that attorneys really work for the Queen. This fits nicely in the argument made by the "we are Brits" crowd. However, I must note that I have never met an attorney who has met the Queen, let alone was paid by her; but clearly, I have never met the Queen and she certainly sends me nothing.
To prove their position, the "esquire" proponents quote the definition of this term from Black's law dictionary, often via inaccurate quotes. Here is an accurate quote of the definition of this word from Black's law dictionary, 4th edition (the one I bought while I was in law school). According to this dictionary, this word means: "In English law. A title of dignity next above gentleman, and below night. Also a title of office given to sheriffs, serjeants, and barristers at law, justices of the peace, and others. 1 Bl.Comm. 406; 3 Steph. Comm. 15, note; Tomlins. On the use of this term in American law, particularly as applied to justices of the peace and other inferior offices, see Christian v. Ashley County, 24 Ark. 151; Com. V. Vance, 15 Serg. & R., Pa., 37."
From Webster's 1828 American Dictionary, the word "esquire" is defined as follows: "Properly, a shield-bearer or armor-bearer, scutifer; an attendant on a knight. Hence in modern times, a title of dignity next in degree below a knight. In England, this title is given to the younger sons of noblemen, to officers of the king's court and of the household, to counselors at law, justices of the peace, while in commission, sheriffs and other gentlemen. In the United States, the title is given to public officers of all degrees, from governors down to justices and attorneys. Indeed the title, in addressing letters, is bestowed on any person at pleasure, and contains no definite description. It is merely an expression of respect."
Thus from Websters, we know that in America this term denotes nothing but respect and not a "title of nobility."
The real question which should be asked of the "missing 13th amendment" crowd is: what is a title of nobility? These advocates simply do not want you to know this meaning because their whole argument would be destroyed and the con they are playing exposed. In Black's law dictionary, 4th edition, the word "nobility" is defined as follows: "In English law, a division of the people, comprehending dukes, marquises, earls, viscounts and barons." This same definition then quotes Blackstone's Commentaries as authority for what is such a title of nobility:
"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 Bl. Comm. 396."
From Webster's American Dictionary of 1828, "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."
We clearly know that in England, "nobles" are "dukes, marquises, earls, viscounts and barons" and authority for this comes from 2 sources. Precisely where is an esquire defined as being a part of the nobility? The truth is that in English law, an esquire is not a part of the nobility. But in America, the term is meaningless.
Again, this "missing 13th amendment" argument is another example of the very bad legal scholarship emanating from the crazy group in this movement known as the "liaryers." They have "titles of stupidity" and apparently enjoy misleading people.
Larry Becraft
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