WA – County of Clark v Darby – Demand Affidavit

I, David A. Darby, Sovereign Citizen of the State of Washington have attached a Certified Copy of Statutes at Large for the United States Senate for the so” Congress, Second Session, Miscellaneous Document No. 55 Dated January 28th 1889. This document is Certified evidence that the 1878 Constitution of the State of Washington was placed into the Statutes at large proving to congress and the United States Government that Washington had a Constitution that proved that Washington had a Republican form of government. No state can gain statehood without the constitution being written into the statutes at large for the United States of America.

Imagine my surprise when, instead of the Statutes at Large, I find notes from the 50th Congress 2nd session. miscellaneous document 55.

January 28, 1889 Presented by Mr Voorhees, referred to the Committee on Territories and ordered to be printed to accompany Senate Bill No. 185.

It is found in the Miscellaneous Documents of the United States, Congressional Edition, not the Statutes at Large.

Senate Bill 185 was entered in the previous session of Congress (50th) and the bill was taken up by the 51st Congress and heavily amended. So, to suggest that the Walla Walla 1887 Constitution was accepted is flawed.

What we do know is that the Omnibus Act required that the constitutional conventions were to convene on the 4th of July 1889. Bill 185 never made it out of Committee.

So it is clear that the 1887 Constitution was not part of the path to statehood for the State of Washington as the enabling Omnibus act required a convention to take place on July 4th 1889.

And guess what I found in the Statutes at Large of the US of A?

Screen Shot 2014-09-12 at 12.39.59 PM25 Statutes at Large, 676, February 22, 1889

Let’s read it

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Meet at the seat of government of each territory on the fourth day of July 1889.

Then what? A vote to ratify or reject the Constitution on the first Tuesday of October 1889, after which the document shall be sent to the President of the United States who shall issue a proclamation if the resulting Constitution met the requirements.

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On August 22, 1889, the Constitution was signed and subsequently delivered to the President of the United States.

26 Statutes at Large 1552 shows the proclamation by the President

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Ouch

And whereas it was provided by said act that the Constitution thus formed for the people of Washington should, by an ordinance of the Convention forming the same, be submitted to the people of Washington at an election to be held therein on the first Tuesday in October, eighteen hundred and eighty-nine, for ratification or rejection by the qualified voters of said _proposed State; and that the returns of said election should be made to the Secretary of said Territory, who, with the Governor and Chief justice thereof, or any two of them, should canvass the same; and if a majority of the legal votes cast should be for the Constitution . the Governor should certify the result to the President of the United States, together with a statement of the votes cast thereon, and upon separate articles or propositions and a copy of said Constitution, articles, propositions and ordinances;

Screen Shot 2014-09-12 at 12.53.05 PMThe 1887 Constitution may have been appended to the original Bill 185, but the omnibus Bill clearly prescribes that a new Constitution is to be drafted and voted upon.

The 1889 Constitution was the one drafted in accordance with the Omnibus Bill, and in accordance with the Bill, the President signed the proclamation once he had received the new, approved Constitution. There is NO evidence to suggest that the 1889 Constitutional Convention even considered the 1887 Constitution, although it may have used it when drafting the version that was approved by the voters in 1889. The president even mentions several amendments which had failed.

 

Some additional evidence

House Vote #255 – 50th Congress – 2  TO AMEND S. 185 BY SUBSTITUTING A NEW BILL, H. R. 8466, TO ENABLE THE PEOPLE OF DAKOTA, MONTANA, WASHINGTON AND NEW MEXICO TO FORM CONSTITUTION AND STATE GOVERNMENT AND TO BE ADMITTED TO THE UNION ON EQUAL FOOTING WITH THE ORIGINAL STATES. (P. 809)  Date and Time Held: Jan 18, 1889 12:00 am

Senate Bill 185 was amended and substituted with House Bill 8466

 

S. 12, S. 400, H.R. 4430, H.R. 4431, and H.R. 8466 are all debated in House and Senate Committee on Territories from Dec. 1887 through January 1889.

H.R. 8466 is absorbed into S. 185, which had been, up to that point, solely dealing with South Dakota Statehood, on Dec. 17, 1888. From there, the statehood omnibus bills proceed as S. 185.

On Jan. 18, 1889, S. 185 passes the House, though several other amended versions of the bill are not passed. It is sent over to the Senate where it is debated more, not passed, and then put into a Joint Conference.

On Feb. 20, 1889, the Conference announces that the Senate amendments are dropped, and the agreed upon Act is now: “An act to provide for the division of Dakota into two States and to enable the people of North Dakota, South Dakota, Montana, and Washington to form constitutions and State governments and to be admitted into the Union on an equal footing with the original States, and to make donations of public lands to such States.”

On Feb. 21, the Senate confirmed the Conference agreement, and Mr. Enloe, from the Committee on Enrolled Bills, “reported that said committee had examined and found truly enrolled the bill of the Senate and joint resolutions of the House and Senate of the following….S. 185…” (Journal pg. 584)

President Cleveland signed the bill on Feb. 22, which was recorded in the Journal on Feb. 26, 1889.

President Harrison then admitted Washington as the 42nd State on Nov. 11, 1889, during the recess between the 50th and 51st Congresses.

Hope this is helpful.

Best,
K……………………
Center for Legislative Archives
National Archives and Records Administration
700 Pennsylvania Avenue, NW
Washington, DC 20408

In other words, Voorhees’s introduction of the 1887 Constitution, was after S 185 had been approved and signed by the President.