Posts tagged ‘courts’

Popping Cops

P.C. (Popping Cops)
An interview with John

July 5, 1999

 

John is an old friend. He is a combat veteran and well versed on our country’s heritage. He was last interviewed by the Outpost of Freedom (OPF) in September 1995 (Sons of Liberty #18). Our discussion, then, was about the Murrah Building bombing and McVeigh’s choice of targets.

I was talking with John just a few days ago and we were discussing the events in Kosovo. I asked John if he would do another interview, which we completed this evening.

OPF: Well, John, Welcome! And, it’s good to talk with you again.

JOHN: Thanks, Gary. Good to be able to discuss things, again.

OPF: John, the other day, when we were talking about doing this interview, you mentioned that there might be some things that we could learn from the KLA. Why don’t we start there?

JOHN: Okay! Well, a couple of years ago we talked about McVeigh targeting the federal building. As I said, then, we should target the sources of the problem. Although the government is the problem, the Federal Reserve System is the source of the power and influence that directs the government.

We should also look at the front line soldier in the war. You realize, I know from your writings, that you believe that we are at war. I think that McVeigh made that same sentiment very clear. Gary, you are a veteran. When you were in combat, was your target the government buildings of North Vietnam?

OPF: No! In my role, the target was the person trying to shoot me. I wasn’t really a combat soldier. I was an airplane crew chief. We conducted no offensive actions, except by aerial/radio support or targeting. Risk generally came from when the aircraft or the airfield was attacked. Maybe even in convoy. So, any target I had presented himself.

JOHN: Well, I think you have the idea. Whether you were an offensive or defensive soldier, your primary target is the front line enemy soldier. Now, I mentioned the KLA on Kosovo. As you have pointed out in some of your articles, the KLA was assassinating policemen in Kosovo for nearly two years. The Serbs attempted to retaliate, but were looked on as the bad guy — at least by people like Clinton. But, face it, for nearly three years the KLA continued to kill police at every opportunity. The also killed the paramilitaries and Serbian Army, whenever the opportunity presented itself. The had the government frustrated to the point that the government had to start attacking people even remotely suspected of being KLA or harboring them.

OPF: John, I think that if that happened here, many would claim that it was the government doing it just to encourage public support to pass more laws against guns.

JOHN: Yes, I’ve read a lot of that recently. The High School shootings seems to have really fueled that fire. But, think about it. Is there any patriot that couldn’t be charged with a crime? Is there any person that couldn’t be charged with a crime? Passing those laws is just feel good sort of thing. You’ve written about how you still have all of your rights. As you said in your articles, you pity the cop that thinks you don’t still have the right to bear arms. Those friends of yours, George and Lynda, they weren’t willing to give their rights up. They knew they still had them, but the government, with the power they have behind them, will deny those rights whenever they want. So, what good does another law do? I’ve often wondered if the naysayers that constantly espouse not acting to restore our lawful government are working for the unlawful one. Do you think that the Founders would have submitted to such illogical arguments? Where do you think that we would be, today, if they had?

OPF: You’re right. The hard core of the Founders were Sam Adams, John Hancock and James Otis. The rest, even Washington, had constantly plead for negotiated solutions. There was, always, opposition to any form of force. But, if I remember correctly, the Sons of Liberty and other small gangs, even in the Southern colonies, would take more aggressive action — especially against tax collectors.

JOHN: That’s right. The tax collectors could call the King’s soldiers to seize property, if taxes weren’t paid. The soldiers, however, worked only under the direction of the civil authority. They didn”t make decisions, use their rifles, or any force, unless directed to by the Governor or an agent of the King. It was those agents who directly affected their lives that were the front line troops — the enemy which was first sought out and slain.

OPF: But, wait a minute. There weren’t that many killings. Most of the activity was against property, houses, offices, etc., wasn’t it?

JOHN: Yes, it was, but there was little regard for life. If they were going to burn someone’s house down, they usually vandalized it and then set it afire. They didn’t make anyone leave, or physically remove them. If they stayed in the house, it was at their own risk. And, many died in those fires. Also, many died of the tar and feathering they received. But, times have changed. Very few colonists were killed by the King’s forces. Quite a bit different, today, wouldn’t you say?

OPF: Yes. But, well, do you really think that there will be support for killing cops?

JOHN: There was in Kosovo. The Albanians were willing to put up with quite a bit, and seldom, if ever, turned in a KLA member. That’s why so many civilians were killed by the Serbs. If they had a group of people and knew that at least one was KLA, if the others didn’t talk, they killed them all. It didn’t seem to break down the fortitude of the Albanians. It seemed to strength their resolve.

OPF: So, do you think that it would have the same effect in this country?

JOHN: Gary, you know that there are still some who want to blame everything on the government. You know that there are a lot of people who think that things will change through the voting process. I’ve seen many articles on the Internet where people still believe that if they can circumnavigate the judicial maze, they can get justice. Are you asking me if those people will support the kind of action that is necessary to get our country back? To them, the answer is, No!

But, remember that two hundred years ago only a small handful believed that force would remove the burden the King had put on the people. Once the reality struck home that force would be method of change, they reconsidered their old ideas — and supported the cause. But, remember, too, that it was a very slow process. It never was a majority then, and it will never be a majority to effect this sort of change.

OPF: What sort of people would look favorably on this sort of action?

JOHN: The people that I know look favorably on action. You don’t read about all of the bombings and events that are going on, every day. It is only when the press can play something up that they do. You’ve read about the hundreds of bombings that occur in this country, each year. Do you read about them on the Internet? There is probably at least one bombing every day in this country, but nobody finds out about them, except maybe those that live in the same town. They know that these bombings and attacks against police are going on. Nobody seems to get caught, unless they make a stupid mistake. But, that’s not the real point of this type of action.

OPF: Yes, I’ve read the annual reports that point out how many bombings there are every year. I’ve wondered, but, I guess I realize that the press doesn’t cover it unless it serves a purpose — and, the police and FBI don’t want to know how many unsolved bombings there are. It seems like when they can ID [identify] someone, then it hits the press. But, you say that this is not the point. What is the point of this?

JOHN: Well, from a tactical standpoint, let’s suppose that you are a policeman. What happens when policemen start getting shot in random attacks?

OPF: I would guess that they would probably start putting two officers in a car to protect against it.

JOHN: Right! And, many places have put two men in every patrol car. But, what happens as it continues, and becomes even more common?

OPF: I think that I’m beginning to get the picture. If I took the job cause it paid well and gave me power, I would have second thoughts if the risk became too great.

JOHN: You got the idea. If people were to start Popping Cops, then cops would start to think twice before they continue don the force. Of course, there would probably be an over-reaction to this, at first. They might be more aggressive thinking that would protect them. But, then, maybe that is what s happening now. I think, though, that they are just under-qualified for their jobs. The government has put so many cops on the street that they have got to be running out of qualified people. Just like any profession — You’re a Surveyor. Could anybody be a surveyor with proper training?

OPF: Well, they could probably pass the exams, but there are a lot of people who have passed the exams, gotten registered and still aren’t very good surveyors,

JOHN: Do you think that the same is true with cops?

OPF: Well, some of the cops I know seem to have a good attitude for their work, but, they are arrogant and stick together. They will stick up for a friend, whether he is a cop, or not. I guess, though, that there has got to be a limit, like you said, as to how many people are qualified to be good cops. But, then, you know that I don’t believe that there is any such thing as a good cop.

JOHN: How many of those you know are really willing to risk their lives to help people?

OPF: Heh! I don’t think that I know any that would match the mold that existed years ago.

JOHN: So, do you think that they might find other work if the risk became too great?

OPF: I would think that that would be very likely. You said “Popping Cops”. That comes out to “PC”. I just realized the irony of it.

JOHN: Can’t think of a better way to describe it! But, back to where we were. What would happen, then, if cops were getting taken out, one at a time, here, there, all over the country? One in Detroit, a few days later, one in Chicago, a few days later, one in Miami and one in Dallas, each time, different bullets, different MO [Modus Operandi], nothing similar except the result — another dead cop? Any cell could do one job every six months. The likelihood of getting caught would be almost non-existent.

OPF: You heard about this guy, Benjamin Smith, in Indiana, didn’t you?

JOHN: Yes. He was a [loose] cannon. There have always been people like that. It seems like they have a death wish, and no sense.

OPF: Wouldn’t Popping Cops have the same consequence?

JOHN: No! The difference is targeting. That’s what we were talking about. Everybody would know, whether they admitted it, or not, why it was happening. It wouldn’t be murder, it would be killing. Killing the enemy, just like in war. That is the objective, isn’t it?

OPF: Yes. But, if the enemy is the government.

JOHN: Did you read Jack McLamb’s Vampire Killer 2000?

OPF: Yes, a number of times.

JOHN: Who is always there if there is an IRS seizure, a federal service of process, and even around the perimeter at Waco? Cops are the tools, the front line, the cannon fodder for the government. If they seize the rifles in California, who will seize them? Should we concern ourselves with them just because they haven’t participated in a direct action? Should we not shoot enemy soldiers who haven’t, yet, shot at us? Are troop trains of raw recruits military targets?

OPF: I se what you mean.

JOHN: Gary, remember, a long time ago, you told me that you used to look at cops and wonder if there family would miss them? Then, after Waco, you told me that you didn’t care, anymore. What their families would feel?

OPF: Yes, and I think that I still feel the same. But, then, I’m supposed to be asking the questions!

JOHN: Okay. Ask away!

OPF: Well, I guess I’m sort of at a loss, right now. This is a lot to digest. I guess that most of it has been there, all along, but I’ve never really thought it out like this.

JOHN: I think that most of us who really want the country back have all of those pieces inside. Our conversation the other day got me going on it, again. I think that time, you know, in history, in life, has a part of what makes sense, or not. Our conversation brought up the same thoughts I’d had before, but hey came together in a different way. Kept trying to resolve it, but it kept coming out the same way. I think that is how man and history is supposed to work.

OPF: John, I’m going to have some more questions, I’m sure, as time goes on. Are you gonna be willing to answer more about this, later on?

JOHN: Sure. I don’t know if I’ll have answers to all of your questions, but I’ll try. Same rules.

OPF: Okay. John, Thanks, very much. Again, you’ve provoked a lot of thought. Thanks! Stay safe!

JOHN: You, too!

Unlike any other Government

Unlike any other Government

explaining where we came from; What happened along the way; and, What we need to do to get back to where we belong

by

Gary Hunt
July 4 (Independence Day
In the Year of our Lord 2009
and
In the Year of our Independence the 233rd

Preface

If you accept that we are currently governed by a government established under and by the authority of the Constitution, you may wish to stop reading, now. The intention of what follows is to bring to light only some of the many misdeeds of government. It also is intended to help the reader to understand what thought process the Founding Fathers used, when they created a government unlike any other government every before seen on Earth.

The Constitution was written as a set of guidelines for the operation of the government. As Thomas Jefferson said, “Let the Constitution be the chains that bind the Government”.

We will explore where government has gone astray by violating that very document which created it, and in violation of the sacred oath they took on assuming their office of public trust.

We will also enter the realm of Administrative Agencies, perhaps even more destructive of our Liberty and Freedom than the violations of the Constitution.

When I was young, I recall the many political cartoons in Life, Look and the Saturday Evening Post  magazines. There were some that ridiculed the Soviet Union, regarding its bureaucracy and hero worship. A cartoon might show a long line of people standing before an administrative building. A passer-by asks the woman at the end of the line, “what are you standing in line for?” To which the lady responds, “I don’t know, but with this many people in line, it must be something I need!” We now find ourselves standing in line, we know not what for, more often than ever before. Waiting for something to happen that will improve our condition.

The Soviets were very prompt to create heroes out of the multitude of government personnel. In honoring a “hero” for is work, the citation might read, “For rescuing a dead cat from a fallen tree.” The idea, quite simply, was to establish in the people the fact that all government employees are, somehow, superior because they just they do their jobs — those jobs which they applied for and were given, knowing that the everyday duties of those jobs included such risks that are now rewarded, by both government and press, with accolades of “Hero”. If a non-government person is the recipient of such an award, it is, most often, a child.

Firefighters who , fifty years ago, entered burning homes and brought family members and dogs out, alive, received only a paycheck on Friday. Today, we have entered that realm of hero worship.

This happened during the period of the McCarthy Hearings of the 1950s. Every effort was made to expose those who wanted to destroy the fabric of the self-governed nation, and replace it with Communistic, share the wealth, equality for all; to each based upon his needs, from each based upon his abilities.

Perhaps it was a form of Eugenics — to try to expel those who would tear down what the Founding Fathers sacrificed so much for to build. If so, it is one that I can agree with.

People who come to this country with the intention of ignoring, or even eliminating, its culture, heritage and way of government, do not belong here. They are, at best, misguided into thinking that what was earned so dearly will be abandoned so lightly. This is America; This nation used to be a beacon to the world. The government, by submitting to whatever evils which have swayed them from what was intended, have betrayed the people of this Great Nation. The Founding Fathers, in their foresight, have left us instructions on how to right that wrong. It is our obligation; It is our duty, to return to and preserve — the United States of America.

Gary Hunt
July 4th
In the Year of our Lord, 2009, and,
In the Year of our Independence, the 233rd.

Our Tumultuous Beginnings

First American Tyranny

Shortly after the close of the French and Indian Wars (1754-1763), the British, in order to pay the cost of the just ended war, decided to impose a tax on the colonies. The Parliament enacted tax laws that were only for the North American colonies, and did not even attempt to discuss the taxes with the lawful governments (colonial governments). Instead, without regard for the laws of England and the Rights of Englishmen, bypassed the established methods of taxation

Various efforts by the colonists to gain a voice and be heard occurred between 1765 (the Stamp Act) and 1773 (the Tea Act), and, although effective to some degree, never did achieve the desired goal of representation.

On April 19, 1775, Capt. John Parker, Commander of the Militia in Lexington, lined up forty to seventy Minute men on the Lexington Green. Standing ready, they faced a few hundred of the British under the direct command of Major Pitcairn. Pitcairn ordered the Minutemen to put down their arms and disperse. As some of the minutemen began to move away, a shot was fired. Moments later, eight colonists lay dead on the Green. According to John Adams, this was the end of the revolution and the beginning of the War for Independence.

During those early years, a revolution was taking place in America. As John Adams said in a letter to Thomas Jefferson (August 24, 1815):

“…As to the history of the revolution, my ideas may be peculiar, perhaps singular. What do we mean by revolution? The war? That was no part of the revolution, it was only an effect and consequence of it. The revolution was in the minds of the people, and this was effected from 1760 to 1775, in the course of fifteen years, before a drop of blood was drawn at Lexington. The records of the thirteen legislatures, the pamphlets, newspapers in all the colonies ought to be consulted during that period, to ascertain the steps by which the public opinion was enlightened and informed concerning the authority of parliament over the colonies, …

Perhaps Mr. Adams was correct in that the revolution was the change of ideas rather than the war, itself.

The acts of tyranny transcend the mere concern over taxes. Governors were removed and replaced with Royal appointees; Assemblies were suspended; Writs of Assistance (warrants without affidavits or knowledge of a crime — fishing expeditions) were issued,  without judicial scrutiny; Accused individuals were transported to England for trial (where they were denied the benefit of witnesses and evidence); soldiers were quartered in homes and private property ransacked; guns, cannon, ball and powder were seized; and, the Rights of Englishmen were trampled in the dust.

During the course of these events, the colonists did not stand idle. Sons of Liberty organizations sprang up through most of the colonies. The Sons of Liberty, most often, took their orders from the Committees of Safety (an English tradition dating back to the 17th century, in the colonies), which were rapidly establishing themselves throughout the colonies.

Committees of Safety and Militia

Prior to the War for Independence, Committees of Safety were being organized throughout the colonies. Committees (an English tradition and right), made their appearance in the colonies in the 17th century. In 1692, a Committee of Safety jailed and expelled a Royal Governor (Andros) of New England. Prior to the revolution, Committees formed their militia, primarily to protect from Indian attack and provide night watchmen to give alarm in emergencies, such as fire or raids.

As the events that lead to the War continued, Committees made a return, in every colony, so that local government could deal with local problems, regardless of the ability, or inability of the Crown’s government to deal with necessary functions. In 1774, Committees appointed delegates to the First Continental Congress (the Stamp Act Congress).

Militia were, by custom, subordinate to the Royal governor, should he call for them. Otherwise, they were subordinate to the Committee of Safety. The condition of subordination of the militia (military) to civil authority has roots back to the Magna Carta (1215).

This relationship would serve, though to a lesser degree as time went by, through the War, and would provide the foundation for the subsequent Articles of Confederation and the state constitutions.

The Magna Carta

The authority for bearings arms, in the Magna Carta, is a common sense interpretation of the document. Item #1 provides that “all of the underwritten liberties” are retained. Though the Charter does not say, “the right to keep and bear arms”, it does show that even those who were tenements on the land were able to posses the weapons of the day. Their obligation was to the next master in line (next higher level of government), which, in a present sense, would be the equivalent of the community, since serfdom is no longer practiced.

1. In the first place we have granted to God, and by this our present charter confirmed for us and our heirs forever that the English Church shall be free, and shall have her rights entire, and her liberties inviolate; and we will that it be thus observed; which is apparent from this that the freedom of elections, which is reckoned most important and very essential to the English Church, we, of our pure and unconstrained will, did grant, and did by our charter confirm and did obtain the ratification of the same from our lord, Pope Innocent III, before the quarrel arose between us and our barons: and this we will observe, and our will is that it be observed in good faith by our heirs forever. We have also granted to all freemen of our kingdom, for us and our heirs forever, all the underwritten liberties, to be had and held by them and their heirs, of us and our heirs forever.

37. If anyone holds of us by fee-farm, either by socage or by burage, or of any other land by knight’s service, we will not (by reason of that fee-farm, socage, or burgage), have the wardship of the heir, or of such land of his as if of the fief of that other; nor shall we have wardship of that fee-farm, socage, or burgage, unless such fee-farm owes knight’s service. We will not by reason of any small serjeancy which anyone may hold of us by the service of rendering to us knives, arrows, or the like, have wardship of his heir or of the land which he holds of another lord by knight’s service. [Note: serjeancy, as used herein, is the obligation to provide either service to the Crown, or to provide material, such as knives, arrows, a bow or lance, or other implements of war – Black’s Law Dictionary, 5th Edition]

What way to go?

Though John Adams perceived the revolution to be over by April 19, 1775, others were less inclined to separate from the Crown.

Though violence had preceded the events at Lexington and Concord, it had been isolated events, seldom with significant loss of life. From that day forward, the violence escalated, drastically. Fort Ticonderoga; Bunker Hill; Ninety-Six; South Carolina; Montreal. Canada; Norfolk, Virginia; Great Canebreak, South Carolina; Quebec City, Canada; Moore’s Creek Bridge, North Carolina; Providence Island, Bahamas; Three Rivers, Canada; Sullivan’s Island, South Carolina; Fort Moultrie, South Carolina; and hundreds of lesser contests between loyalists and patriots, throughout the colonies. All of these fought with the intention of convincing the Crown that the Rights of Englishmen belonged to the Colonists, and seeking that recognition from Parliament. All of these battles fought to demonstrate the sincerity of the colonists with their demand for change.

Thousands of lives lost, while committed only to a resolution of the grievances that had been repeatedly sent to the government to be addressed. Constant prayer that resolution would be found and arms set aside — returning to the warm arms of Mother England.

Though there were few colonists who believed that there was no recourse but to separate, forever, from English rule, it wasn’t until nearly fifteen months after the beginning of the war that the colonial government realized that too much had occurred to every believe that reconciliation could ever be achieved.

Declaration of Independence

On July 4, 1776, the Declaration of Independence was formally signed. This magnificent document provides an insight into the thinking of the Founding Fathers. For example, it provides their explanation of the purpose of government: “That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed…” Those rights therein mentioned are enumerated as Life, Liberty, and the Pursuit of Happiness. Clearly, they have provided us an understanding the government was instituted to serve the interests of the people, not to serve the interests of the ruler, which concept was so prevalent in Europe.

They also provide us the reason that they had taken on the formidable task of separating from England, “that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”

They also explain the difficulty in coming to the point of separation with the explanation that “ Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.”

Next, they explain the obligation that they impose upon the future, should events demonstrate that the government has deviated from its proper purpose.

“But when long trains of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide for new guards for their future security.”

They then proceed with a list of grievances to reveal how the government of England has failed to serve the people, amongst which are:

He has forbidden his governors to pass laws of immediate and pressing importance…

He has obstructed the administration of justice…

He has made judges dependent on his will alone

He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance.

He has kept among us, in times of peace, standing armies

He has affected to render the military independent of and superior to the civil power.

He has combined with others to subject us to a jurisdiction foreign to our constitution, and acknowledged by our laws; giving his assent to their acts or pretended legislation:

For protecting them, by mock trial, from punishment for any murders they should commit on the inhabitants of these states:

For imposing taxes upon us without our consent:

For depriving us in many cases, of the benefits of a trial by jury:

For suspending our own legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.

Perhaps we can see some parallels, here:

State enacted laws are superseded by federal enactments

Congress has established FISA (Foreign Intelligence Surveillance Act) courts

The independent judiciary, on many levels, has succumbed to administrative handouts funded by the federal government

The established bureaucracy (alphabet agencies) have become burdensome both in their imposition on our lives, and the costs of their maintenance.

Most every federal agency has been authorized to carry firearms, and some agencies have resorted to military equipment (tanks) to conduct their investigative duties.

Military forces have served in combat roles without declaration of war by the Congress, and have been directed to serve under the command of foreign officers.

Administrative agencies have been provided rule-making powers that are clearly imposed upon us outside of the protections of the Constitution.

Federal and state enforcement agencies have committed murder, with impunity, including the murder of women and children and the burning of churches and homes.

The government has, arbitrarily, determined that it can spend itself out of debt, that debt being imposed not only on us, but also on our posterity, for many generations to come.

By denying us the fundamental right to jury nullification, which had been prevalent throughout our history.

State laws and state initiatives have been made moot by federal agencies ignoring state law and punishing people who were acting totally within the laws within their respective state.

Thoughts of the Founding Fathers

The thought process of the Founding Fathers was unconventional, for the times. Monarchy was the form of government, with few exceptions, in Europe. Never before had such a group of people been in a situation where what was being cast off did not have a replacement in the wings.

Political theory had abounded, the century before the revolution, but there had never been an opportunity to put such theory into practice.

One of the major theorists was John Locke. Locke was one of the Enlightenment philosophers, venturing into ideological arenas seldom entered before, by man. He challenged Sir Robert Filmer’s Patriarcha, which had become the primary justification for the continuation of monarchal rule in Europe. Filmer explained the monarchy as rule by descendancy to the eldest son — from Adam to the then present monarch (George I), as the authority by which the sovereign right came.

Locke argued to the contrary. He felt that man could establish government and govern, not rule, himself. The above-mentioned quotations on government contained in the Declaration of Independence are a paraphrase of portions of Locke’s Second Treatise on Government. A more extensive presentation of Locke’s theory will be included, after some other considerations.

The First governments of the United States

The Articles of Confederation

During the early days of the War for Independence from British Tyranny, the colonists realized the need for a common entity; a consolidation of the colonial effort was necessary. Each state, large and small in both area and population, had to find an expedient means that allowed them to, jealously, protect their newfound ‘state’ governments. The result, hastily prepared and entered into, was the Articles of Confederation and Perpetual Union (March 1, 1781). Though the term “united States of America” had been used in previous documents, the first document to create such an entity was the Articles of Confederation.

Each state, regardless of size or population, was given one vote in the Congress of the Confederation. States were not allowed to raise their own standing armies (though militias were allowed). The Articles also provided that it was created , ” … for their common defense, the security of their liberties, and their mutual and general welfare, binding themselves to assist each other, against all force offered to, or attacks made upon them…”

The problem with the Articles

The Articles provided that the debt incurred for the War would be acknowledged, and would be the obligation of the United States of America, though there was no provision that could force compliance of the states to contribute their share for the payment of such debt. Similarly, there were no means to force any state to contribute funds necessary for the obligations of government, or of manpower to continue the War.

After the War was concluded, a dilemma was created by the inability of the Congress to obtain sufficient support for other purposes of government. The government was foundering; unable to pay its debts; unable to sustain order within it realm; and, a multitude of other obstacles which kept it from performing its intended function. It was in a crisis.

The Articles, when formed, were done so hastily. It was an experiment that had no models, only theory, to follow. Through its first six years, the problems became apparent — to a point that amendment was necessary, if the United States of America were to survive. It was with this in mind that the states came together with the intention of making amendments to address the problems that had been exposed by practice

The Constitution

As with almost any creative enterprise, or product, there is seldom success with the first venture. One of the major disparities in the Articles was that of representation. The states with larger populations felt that each man should have his vote. This idea found support in those colonies that were not so established, but had land areas sufficient to allow substantial growth to their respective populations. On the other side, smaller states, very dense in population, argued that since the government was a Union, each state should to be equally heard in Congress. After all, this was what composed the existing government — created by the Articles, with equal representation to each state. The final solution was attendant to both arguments. The House of Representatives would be based upon the number of people within a state; this was the Republican form of government. The Senate would give each state equal say in the operations of that body; this was the democratic form of government. However, within each state a subsequent article in the Constitution guaranteed the Republican form of government

Next came the Executive. Many proposals were set forth, and finally a single executive, with the authority to carry out the will of the Congress, and to make recommendations to that Congress in an annual State of the Union address.

The judiciary was intended to remain impartial by not making the judges subject to changes in compensation, during their tenure.

The extent of the authority of the federal government was limited. Article I, Section 8 laid out the limits of authority granted by the people, for the government.

When the details had been ironed out, the Constitution was sent to each state for ratification, or rejection. A few states refused to ratify unless a Bill of Rights were adopted as a part of the Constitution. Eventually, the required nine states ratified the Constitution (June 21, 1788).

The Bill of Rights was submitted to the states for ratification, and was ratified on December 15, 1791.

The new government of the United States, which evolved from the Articles of Confederation was now the law of the land.

Though a brief explanation is provided, above, it is necessary to understand that a Preamble in a document is as much a part of the document as the text. The Preamble to the Constitution reads:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The purpose is clearly laid out, and is consistent with what was discussed, earlier, that the purpose of government is to protect Life, Property, and Liberty. Justice serves to that end; domestic Tranquility also serves to that end; providing for the common defense, serves that purpose no less; and, Promoting (not providing) the general Welfare is the final purpose, toward that same end.

Further, it should be noted that, for the first time in the history of the world, the People, even though done through representation at Constitutional ratification conventions, were the authority that created this new government. It was not created by the Articles of Confederation, nor was it based upon the descendancy from Adam, or a grant from God. It was the sovereign authority of the People (which was considered a grant from God) which created this government and to soon be a great nation, as described above.

Seldom acknowledged is that the Bill of Rights was also ratified with a Preamble. The Preamble anticipated that some of the concerns not addressed in the Constitution should be addressed to assure that the proper role of government be observed. It read:

The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.

There can be little doubt, especially upon reading this Preamble (purpose) of the Bill of Rights, and Articles in Amendment number 9 and 10 that the authority of government is limited only to those powers enumerated therein.

Article 9

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article 10

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

These two articles are instrumental in tying the Constitution to the Declaration of Independence.

Sacrifices Betrayed?

Violations of the Constitution

During the course of the history of the United States of America, operating under the authority of the Constitution, there have been many violations of the Constitutions and unlawful usurpations of authority, which were not granted by the Constitution.

Though not intended to list all such violations, some significant ones will be addressed here:

West Virginia

Article IV, Section. 3 of the Constitution provides that: New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress.

Virginia seceded from the Union on April 17, 1861.

West Virginia was comprised of lands within the existing state of Virginia. It was made a state on June 20, 1863

The legislature of Virginia never gave the Consent, as required by the Constitution

Lincoln, as President, and in his proclaimed ‘desire to uphold the Constitution and retain the Union’, allowed the Congress to circumvent the Constitution in order to provide a Constitutional quorum in the legislature. A bit of a contradiction, which was never resolved by obtaining the “Consent” of Virginia, even after the Civil War was concluded.

The 14th Amendment

The Congress proposed the 14th Amendment to the Constitution on June 13, 1866.

The ratification 3/4ths of the states, or 28 of the then 37 states), by states, is as follows:

Connecticut (June 25, 1866)

New Hampshire (July 6, 1866)

Tennessee (July 19, 1866)

New Jersey (September 11, 1866)*

Oregon (September 19, 1866)

Vermont (October 30, 1866)

Ohio (January 4, 1867)*

New York (January 10, 1867)

Kansas (January 11, 1867)

Illinois (January 15, 1867)

West Virginia (January 16, 1867)

Michigan (January 16, 1867)

Minnesota (January 16, 1867)

Maine (January 19, 1867)

Nevada (January 22, 1867)

Indiana (January 23, 1867)

Missouri (January 25, 1867)

Rhode Island (February 7, 1867)

Wisconsin (February 7, 1867)

Pennsylvania (February 12, 1867)

Massachusetts (March 20, 1867)

Nebraska (June 15, 1867)

Iowa (March 16, 1868)

Arkansas (April 6, 1868)

Florida (June 9, 1868)

North Carolina (July 4, 1868, after having rejected it on December 14, 1866)

Louisiana (July 9, 1868, after having rejected it on February 6, 1867)

South Carolina (July 9, 1868, after having rejected it on December 20, 1866)

Throughout our history, this is the only instance where, when a state had rejected ratification, it was later allowed to withdraw that rejection. Similarly, when Ohio*, on January 15, 1868, attempted to withdraw its ratification, and, on February 28, 1868, New Jersey* attempted to withdraw its ratification, both were rejected in their withdrawals. Prior to, and since the 14th Amendment, once a state ratifies or rejects a proposed amendment, that action is unchangeable.

The Constitution is clear on the ratification process. It can be submitted through the Congress or through a Convention, convened by the State legislatures. That if proposed Amendments are submitted to the States for ratification, and “shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States, or by Conventions in three fourths thereof, as the one or the other Mode of Ratification may be proposed by the Congress.”

It does not create a Turkey Shoot, where second shots can be had. The State Legislature, or the State Conventions, by “three-fourths vote”, determine if the Amendment is ratified as a part of the Constitution, or not.

Pressure was brought to bear on three states, and, subjecting themselves to that pressure, they changed their vote. Two other states, absent pressure (a voluntary act) had second thoughts about the consequences of the Amendment, chose to change their vote. The three were granted, the two were denied.

Though the Constitution does not make clear whether ratifications can be retracted, or, when rejected, whether that first decision can be changed. Therefore, we must look to common sense, and, common sense dictates that only one or the other can apply. Histories of ratifications prior and subsequent to the 14th Amendment have not allowed the practice of change of the first choice.

So, though not clear in the Constitution history, common sense must prevail, and we must consider what was done with the 14th Amendment to be as much a violation of the Constitution, due to the double-standard, as was the creation of West Virginia, as a state. That the 14th Amendment was not ratified in accordance with the Constitution.

The Federal Reserve

In 1913, the Congress enacted the Federal Reserve Act. Though there are many arguments respecting the unconstitutionality of the act, only one will be addressed here.

By establishing the Federal Reserve Bank, a consequence of the Federal Reserve Act, the authority to ‘coin’ money and ‘regulate the value thereof’ was granted to a private entity.

Article I, Section 8, clause 5 provides that congress has the power to:

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

It is clear that the Congress abrogated its responsibility, under the Constitution, “To coin Money”, by allowing a private entity to “coin” money and set “regulate” its value (by giving the Federal Reserve Note the same value as the Gold and Silver coin, and to remove the Congressional Responsibility and to pass it on to a private interest.

Congress abrogated its responsibility under the Constitution. Regardless of the arguments to the contrary, common sense, again dictates that the Constitution was violated.

Gold removed

In 1917, Congress passed the Trading with the Enemy Act to primarily, which, under conditions of war, gave extraordinary powers to the President. World War I ended on November 11, 1918.

On Sunday, March 5, 1933, Franklin Roosevelt called for Congress to “convene in extra session” on March 9, 1933 [Proclamation 2038]. On the next day, he declared, by proclamation, a “bank holiday” which ran from Monday, March 6 through Thursday, March 9, inclusive. In the proclamation, he makes some rather interesting claims. He states that “there have been heavy and unwarranted withdrawals of gold and currency . . . for the purpose of hoarding.” and this “has resulted in severe drains on the Nation’s stocks of gold : and” 

“WHEREAS these conditions have created a national emergency”

He then goes on to refer to “Section 5(b) of the Act of October 6, 1917, (40 Stat. L, 411) as amended ‘That the President may investigate, regulate, or prohibit, under such rules and regulations as he may prescribe, by means of license or otherwise, any transactions in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver coin or bullion or currency * * *’”

Further, “NOW, THEREFORE, I, Franklin D. Roosevelt, President of the United States of America in view of the national emergency and by virtue of the authority vested in me by said Act . . . ” (emphasis mine), and he declares the “holiday”.

The “national emergency” that he spoke of was the extension of lending authority granted to the Federal Reserve Bank (FRB, established by the Federal Reserve Act, see above) just twenty years before. The FRB was unable to provide, in gold, the deposits on hand. The system of fractional banking had allowed them to extend credit well beyond the available “value” held in trust by the banks. This is the definition of bankrupt: “The state or condition of one who is unable to pay his debts as they are, or become, due.”

[Black’s Law Dictionary, Fifth Edition]

Article I, Section 8, clause 5 provides that congress has the power to “To coin Money, regulate the Value thereof, and of foreign Coin”, and, Article I, Section 10, clause 1, reads, in part: “No State shall… make any Thing but gold and silver Coin a Tender in Payment of Debts…”

In 1933, Congress set the value of gold at 32 dollars per ounce. Since that time, the value of gold has fluctuated based upon worldwide demand. The dollar, at present, based upon the value established indirectly by the Federal Reserve Bank (purchasing power) is over $900 per ounce. Clearly, Congress has given up its responsibility to “regulate the value thereof, and has removed it from the public, prohibiting the states from fulfilling their obligation, under

Ashwander v. TVA

Article III, Sections 1 and 2 of the Constitution reads:

Section 1: The judicial Power of the United States shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behaviour, and shall, at stated Times, receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.  

Section 2: The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;…

All judicial power is vested in the supreme Court. That power extends to all Cases arising under this Constitution. Remaining provisions must be subordinate to those mentioned.

The protection of the People, and the assurance that the government acts in accordance with the Constitution, then, is clearly the responsibility of the Supreme Court.

In 1936, the Supreme Court ruled on a case, Ashwander vs. Tennessee Valley Authority. Judge Louis D. Brandeis, in an opinion concurring with the Court, provided us some insight into why we could no longer expect the Constitution to provide the restraints on government, as intended by the Founding Fathers. His opinion, in part:

The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision. They are:

1. The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals…

2. The Court will not” anticipate a question of constitutional law in advance of the necessity of deciding it…It is not the habit of the Court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case

3. The Court will not “formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied

4. The Court will not pass upon a constitutional question, although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. This rule has found most varied application. Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter

5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation. Among the many applications of this rule, none is more striking than the denial of the right of challenge to one who lacks a personal or property right. Thus, the challenge by a public official interested only in the performance of his official duty will not be entertained.

6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.

7. When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.

It would appear that a public servant, who felt that his duties violated the Constitution, could not get the Court to make a determination as to the Constitutionality of that duty. For example, if one of Hitler’s SS troops felt that he was being told to do something that he perceived as a violation of the Constitution, he would have no standing to ask the Court for a determination. He would be compelled, by law, to “just do his job”. (Number 5)

Once a person seeks a benefit from an agency (Social Security, Internal Revenue Service, Department of Motor Vehicles, Welfare, Child Protective Services, etc.), he is no longer protected by the Constitution, for the supreme Court will rule that, since he has availed himself of its benefits, he is bound by that agency’s rules (number 6)

The First Amendment, Bill of Rights: “Congress shall make no law respecting … the right of the people peaceably … to petition the Government for a redress of grievances.

In effect, the Court has removed itself as a means of ‘redress of grievances, by allowing itself to ‘rule’ that they will not answer questions regarding the Constitutionality of laws, enactments, or rules promulgated by agencies (whether in violation of the Constitution, or not).

The supreme Court has, throughout our history, been the last resort for the determination of the Constitutionality of any law or enactment. The distinction between legal and lawful has, historically, hinged upon that final determination by the Court.

When the Court, by itself, can subordinate that important function, based upon rules promulgated by themselves, the Court has removed the common people from the protections of the Constitution.

They have provided a superiority to the administrative agencies of government, and an inferiority to the Supreme Law of the Land.

Vietnam

Korea came and went, at the tail end and under the emotions of World War II. It is often referred to as “the Forgotten War”, so we will leave it forgotten, for the purpose of this current work, though it does fall into a category similar to Vietnam.

Article I, Section 8, clause 11 provides that Congress shall have the power:

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

Nowhere else in the Constitution is there any provision for the declaration of war. The Founding Fathers felt that the power to declare war was too awesome a power to give to one man (the President). There can be little doubt as to their intentions, and we can look back, historically, and see that whenever war was declared, the reasons why the war was declared, and who the enemy was, were clearly stated.

Some will try to compare what Thomas Jefferson did when he sent the Marines to the Barbary Coast to deal with the Barbary Pirates, and their supporters. Jefferson, however, was acting under a true emergency. He declared his objectives and sent forth the powers of the United States to release those taken prisoner; to retrieve the lost cargoes, if possible; to recover the American ships seized by the Pirates; and, to set forth to the world that the United States of America was not to be messed with. He went in, did the job and moved out. The Barbary affair was over.

In Vietnam, we saw an advisory venture — an effort to train the native Vietnamese to control their own destiny. There was no defined enemy, as the enemy, for the most part, was South Vietnamese citizens, with aid coming from their allies in the North. We did not enter (until much later) the territory of the perceived enemy of North Vietnam, nor did Congress ever declare war and state the cause and the enemy.

After gradual escalations in forces, and after a rather controversial ‘attack’ on American military surveillance ships in the Gulf of Tonkin, Congress enacted “the Southeast Asia Resolution”, Public Law 88-408. This law authorized President Lyndon Baines Johnson, without a declaration of war, to use military force in Southeast Asia. Congress had abrogated its responsibility, under the Constitution, to provide that safeguard against the power of one man.

There was no legally defined enemy. We were fighting insurgents who were simply in rebellion against their own government (involved in a civil war of another nation), and we were fighting well outside of the authority granted by the Constitution,

Eight years later, after spending billions of dollars and sacrificing the lives of over 58 thousand young American men, we withdrew, in defeat, from a war that was unlawful and unwinnable.

The Congress abrogated its responsibility, under Article I, Section 8, clause 11 of the Constitution, by allowing the President to have the effect, by his commitment of millions of soldiers to foreign soil, where tens of thousands of them died, of conducting a war on foreign soil, without the requisite declaration of war.

This is a violation of the Constitution by both Congress and the President, and denied the protection of the Constitution to those who fought and/or died in Vietnam.

 

Silver removed

After a one year notice, requested by the United States Treasury Department, on June 24, 1968, the Treasury Department, and banks across the nation would no longer redeem Silver Certificates for silver coin. Silver had gone the way of Gold, in violation of the requirements of the Constitution, and without amendment thereto.

Just as with Gold, the Congress had allowed the value of coin to be established by a private entity, though in this instance, there was no longer any coin of the realm to compare values to.

The last means of paying debt, in accordance with the Constitution were completely removed by this act.

Again, the Constitution was twice violated.

Proliferation of bureaucracy

We have frequently heard that our Constitutional Rights are being violated. Ironically, it has nothing to do with Constitutional Rights. It has to do with Bureaucracy — A proliferation of Bureaucracy.

Ashwander v. TVA lays out for us just how this next step in creating a Police State occurs. There is nothing in the Constitution that prohibits you from contracting. In fact, Article I, Section 10 sates: “No State shall… pass any… Law impairing the Obligation of Contracts.” So, if you contract for anything (privilege of driving, entering into marriage, build a house, open a business, receive anything from the government, etc.), you are bound by the contract. Moreover, since you receive something in return, your contract has the requisite ‘consideration for consideration’, which means that you have not gone into involuntary servitude. You are just plain stuck with the government as the overseer of all that you do.

Somewhere, the talons of Ashwander have ripped into your chest, and you cannot remove them. The result is what amounts to no less a Police State than Hitler had in 1930s Germany. In fact, the art has been so perfected by the existing government that it may be more powerful than that of Germany.

It is an insidious form of control, for the deception is such that you are lead to believe that it has nothing to do with Constitutional Rights (“don’t bring that Constitution into my courtroom”), when, in fact, it has everything to do with the subtle destruction of those rights. Do we lose our rights just because the government says that they are there, but don’t apply, in this case? Or, is it the obligation of government to “secure” those tights, and protect us from encroachment of them? If it was intended by the Founding Fathers that the latter is the case, then the police state that has evolved in this country is as much a violation of the Constitution as those mentioned above.

Some examples, though there are many more, follow.

Police state

Prohibition

In 1917, the Congress proposed an amendment to the Constitution. The Amendment was ratified 2 years later and became known as the 18th Amendment, or, “Prohibition”. The Amendment reads as follows:

Section. 1. After one year from the ratification of this article the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.

Section. 2. The Congress and the several States shall have concurrent power to enforce this article by appropriate legislation.

Section. 3. This article shall be inoperative unless it shall have been ratified as an amendment to the Constitution by the legislatures of the several States, as provided in the Constitution, within seven years from the date of the submission hereof to the States by the Congress.

It should be noted that the Amendment did not prohibit consumption of alcohol, it only made it difficult to obtain. Congress, back then, knew that they could not pass a law that worked directly on the people — only on the commerce. The Amendment was needed because there was no other means, under the Constitution, to deny free men access to alcohol, except by an amendment to the Constitution. Meanwhile, cocaine and marijuana were dispensed at the corner drug store, without the need for a prescription from a doctor. Your health was in your own hands.

The Amendment was repealed, in its entirety, by the 21st Amendment on December 5, 1933. During its tenure, a number of things happened in the country that are significant. First was that juries would nullify the law by refusing, in many locations, to convict those who had been charged with alcohol related crimes. This right of “jury nullification” was fundamental to our sense of justice and that the people are the final arbiter of all laws. Just as had occurred after the supreme Court had decided, in the Dred Scott vs. Sandford case (that a slave must be returned to its legal owner), where juries failed to convict those who ran underground railroads. Ultimately, the unpopularity of the Amendment, as attested by the jury nullification resulted in repeal.

During Prohibition, the groundwork was laid for the extraordinary growth of organized crime. The demand for ‘illegal’ alcohol was such that control of the trade yielded millions of dollars of profit. What had been small business had become so large that it covered most of the country and into parts of Canada. The diminishing remains of organized crime are still with us, today, many years after the end of Prohibition.

It also provided groundwork for the proliferation of administrative agencies, and the granting of extraordinary (extra constitutional) powers to these them.

The Great Depression, just a few years later, provided even more means for agencies to begin controlling our lives. Social Security began in 1935, though it was limited, then, only to people who worked for a corporation that had contracts with the government.

Ashwander v. TVA (above) provided the nexus for the proliferation of the police state that has evolved with those agencies.

Prohibition demonstrated that: it would require a Constitutional Amendment to control commercial production, sale, or transportation of a drug; that even with an Amendment, the government could not prohibit you using that drug; and, that an Amendment was required to grant the states the power to enforce federal laws.

With the advent of the police state, and supported by the refusal of the supreme Court to rule on Constitutionality, agencies can now promulgate rules which we are bound by, without recourse to the Constitution.

Local agencies, by virtue of receiving federal funds (yes, your dollars) have been ‘greenmailed’ into obedience to federal law, regardless of the Constitutionality of that law (Ashwander, #5).

Your ability to question a law would require that you first prove that you have not sought a benefit from the agency whose rules you have violated (a very expensive process, to go to the supreme Court).

Because of the foundation laid by Ashwander, we have become subject to bureaucratic rule. Following are just a very few of the inflictions imposed upon us by this police state:

Waco, Texas – February 28 – April 19, 1993

During the morning press conference in Waco, Texas, during the siege of the Branch Davidian Church, Louis Beam asked a question. He asked, “Is what is happening here, in Waco, indicative of the coming police state? The speakers at the press conference (FBI and BATF) never responded to Mr. Beam’s question, though after some whispering, we saw the Waco Police Department remove Mr. Beam from the press conference, at the point of a gun.

Again, at Waco, after the final reports were presented, we found that, perhaps, the BATF was a bit overzealous in conducting the raid that resulted in the deaths of more than a hundred men, women, and children. Yet, no federal agents were ever tried for a crime that cost so many lives.

In Waco, Texas, April 19, 1993, the FBI was armed with tanks, grenade launchers, fully automatic weapons and has its own team of snipers. This would appear to be a violation of the Posse Comitatus Act, which prohibits the use of the military against the people, but instead is merely the providing of military uniforms, fully automatic rifles, grenade launchers, sniper teams, tanks, and other military equipment to both tax collectors (BATF) and investigators (FBI).

It needs to be understood, also, that the police state provides protection for its agents.

After the Boston Massacre, Captain Preston and seven soldiers were charged with Manslaughter. Preston and five others were acquitted, because they acted to defend their lives. The other two were found guilty, but, through benefit of clergy, were branded and released.

So, the King’s soldiers stood trial for killing civilians. They were acquitted because they had a right to defend their lives. They did not have immunity from prosecution, but they did have a right to defend themselves (a very fundamental right, without which, any other right has no meaning).

Eight of the Branch Davidians stood trial for numerous charges. Though there is no doubt that they were defending their lives, since all, except Paul Fatta, who was not in Mt. Carmel at the time, were charged with use of firearms on February 28, 1993, the day of the initial raid. All of them were convicted of the use of a firearm in the commission of a crime. They were not, however, convicted of a crime in which they used the firearm in the commission of.

The ‘soldiers (BATF and FBI agents) were never tried to determine, by a jury, whether they had committed any crimes.

Clearly, the police state that exists in this country, today, is far more protective of those who support it (agencies and agents), and far less protective of the people within the country, who were protecting their very lives from an assault by tax collectors (BATF).

Ruby Ridge, Idaho – August 21 – August 31, 1992

Months earlier, 14-year-old Sammy Weaver was shot in the back, and killed by US Marshals who were trespassing on the Weaver property at Ruby Ridge, Idaho. Later, his mother, Vicki Weaver, was assassinated by FBI sniper Lon Horiuchi. Vicki was unarmed and holding her newborn child in her arms. No federal agents were charged with a crime by federal authorities. Later, however, an Idaho Grand Jury indicted Horiuchi for involuntary manslaughter. Horiuchi petitioned to have the case transferred to federal court. US District Judge Edward Lodge ruled that, since Horiuchi was a federal officer acting in his official capacity, he was exempt from prosecution under the supremacy clause of the Constitution.

The supremacy clause (Article VI, paragraph 2) reads:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the contrary notwithstanding.

Further, during the siege, the Hostage Rescue Team Commander, Richard Rogers, amended the FBI standard rules of engagement to:

  1. If any adult male is observed with a weapon prior to the announcement, deadly force can and should be employed, if the shot can be taken without endangering any children.
  2. If any adult in the compound is observed with a weapon after the surrender announcement is made, and is not attempting to surrender, deadly force can and should be employed to neutralize the individual.
  3. If compromised by any animal, particularly the dogs, that animal should be eliminated.
  4. Any subjects other than Randall Weaver, Vicki Weaver, Kevin Harris, presenting threats of death or grievous bodily harm, the FBI rules of deadly force are in effect. Deadly force can be utilized to prevent the death or grievous bodily injury to oneself or that of another.

This was not an enactment of law by the Congress of the United States; it was made by a field commander of a bureaucratic agency of government. He authorized his people to KILL Americans for having a firearm on their own property. It does not require that a subject be pointing his weapon in their direction, nor that the agent would have to feel that there was a direct and immediate threat to his life. It was all a charade to give justification, in writing, to kill the Weavers and Kevin Harris, if the opportunity arose.

Weaver and Harris stood trial, but were acquitted of any charges related to the incident at Ruby Ridge. Two of the Sate Attorneys were fined for falsifying evidence (since the case could have had capital consequence, they were actually trying to kill Weaver and Harris, again). Moreover, none of the agents who killed Sammy or Vicki Weaver was brought to trial. They were protected by the same agencies for which they work.

Malibu, Californian – October 2, 1992

Donald P. Scott, age 61, owned and lived on a 200-acre property known as the Trails End Ranch in the Ventura County portion of Malibu, California. Based upon a sworn affidavit by Los Angeles County Sheriff’s Deputy Gary R. Spencer, stating that with aerial surveillance it was determined that there were between 50 and 100 marijuana plants growing on the property, a search warrant was issued.

On Friday, August 2, 1992, 30 law enforcement officers (13 from Los Angeles Sheriff’s Department, 5 from Los Angeles Police Department. 3 from the National Guard. 3 from the National Park Service. 2 from U.S. Forest Service. 2 from California Bureau of Narcotic Enforcement, and 2 from the federal Drug Enforcement Agency) gathered at the Los Angeles Sheriff’s Malibu Station for briefing.

About 8:30 AM, the team forced entry into the home of Scott. Scott, who was awakened by the commotion, did not have time to dress before the entry was made. Frances Plante, who was already up, was hustled outside to other officers. Scott, responding to the commotion, came to the doorway to the living room with a gun. As described in the official report, “Scott was holding a gun in his right hand, with his palm and fingers around the cylinder rather than the butt. Scott’s elbow was at his side with his forearm straight out or slightly up, his hand turned up with the barrel of the gun pointing at a 45-degree angle toward the ceiling. Scot was holding the gun with the barrel upward, as if he were going to hit someone rather than shoot it.”

Spencer, then fearing for his life, he and another deputy fired three shots, at point blank range, killing Donald Scott in his own home. No evidence of marijuana or any other drugs were found in the home or on the property.

Ventura County, although they were never notified of a raid within their jurisdiction, did conduct the final report on the shooting. In their conclusions, the report states that:

… Because it cannot be proven that Spencer knowingly lied in the affidavit, there is an insufficient basis for a perjury prosecution,

It is the District Attorney’s opinion that the Los Angeles County Sheriff’s Department was motivated, at least in part, by a desire to seize and forfeit the ranch for the government. …. This search warrant became Donald Scott’s death warrant.

The evidence does not establish that Donald Scott intended a shoot out with the deputies. Nor is there any evidence to suggest that the deputies went to the ranch with the hope of killing Scott. When Deputy Spencer ordered Scott to lower his gun, Scott did so in a way that Spencer says caused him to fear for his life. …The invalidity of the warrant does not form a sufficient legal or evidentiary basis for a homicide prosecution.

It becomes apparent that the police state mentality, asset forfeiture, and nearly absolute impunity for law enforcement officers has become detrimental to not only our property, but our lives, as well.

Nobody was charged, to be tested by a jury of people, to determine if Donald Scott’s life was taken as the result of criminal activity.

Agency State

Children

Child Protective Services is known by different names in some parts of the country, but there is little difference in the policies and activities of these insidious government agencies.

One event, which occurred about 1986 involved, separated parents. The mother, living with a child from the current marriage and two from a former marriage, lived on Ocala, Florida. The father lived in Orlando. One day, the father received a phone call from the hysterical mother. “They came in the house and told me to go to a room, and they took the children and terrorized them”, she said. The father told her that he would be there, shortly, to see what he could do.

When he arrived, the mother explained that Child Protective Services had come to her door and said that they wanted to speak with the children; they said that they had received a report that the mother had abused the children. They demanded that she go into a bedroom and close the door while they asked the children some questions, and looked for signs of child abuse. They would not answer any questions, and they continued their ‘examination’ of the children for over half an hour. Finally, they allowed her to come out of the room and informed her that they found no evidence of child abuse. Again, they would answer no questions, though they did leave a business card.

The children were frightened, even after the CPS people had left. The oldest, a girl asked her mother if they were going to take her away from her mother. The mother had no idea what the answer to the question was.

The father arrived and the mother told him what had happened. He was irate, and took the business card and drove to the offices of the CPS. He demanded to see a supervisor, and, after repeated demands, was finally led to a room occupied by a woman who appeared to be a director. He explained what had occurred and insisted on seeing the report that had been filed. She denied his request, and the conversation continued. He explained that he was not going to leave the office until he was able to see the report. Finally, the women relented, left the office, and returned with a Xerox of the report that was filed. The father read the report and noted that there were a couple of items ‘blacked out with a marker’. The obscured items was the name of the person filing the report and their address and phone number. The report, however, made clear that the report was called in over the telephone.

The father then insisted that,” in accordance with the Constitution, we have a right to meet the accuser. You have provided nothing along the lines of what I requested. I want to see the report that caused your people to terrorize my family.” After a very heated discussion, the women, again, left and returned, this time with a complete copy of the report. On this copy, which claimed that the person had personal knowledge that the mother abused the children, was blank in both the address and the phone number, however, in the box for the name of the person filing the report was written “anonymous”.

Florida, when they adopted the child abuse database, determined that if ever anyone’s name were entered in the database, it would never be removed. Consequently, the mother’s name will, forever, be listed as a possible child abuser.

The father informed the CPS that if they were ever an investigation, again, into that family, that he be notified and be allowed to be present. The woman made some notes and assured him that he would be notified. Thus ends this story, but not the knowledge that someone who was an excellent mother will, forever, have her name on the rolls of those who have abused their children

There are many occurrences of CPS taking children away from their parents. Usually, when this occurs, any court proceedings come after the children are taken. The children have become the property of the state, which is provided substantial funds by the federal government, leaving families destroyed. Very few have had such a fortunate outcome as described above.

Administrative agencies have managed to, somehow, bring the children into their web. In most cases, welfare, or some other program advertised to help parents with their children, are the means by which the ‘benefit’ is sought, thereby binding the parents to the rules of the agency.

Property Forfeiture

There are so many cases of property seizure and forfeiture that it difficult to know where to start. We have all read accounts of someone travelling with large amounts of cash in their car, or their purse or pocket. They are stopped by local law enforcement. They are asked to give permission to search the vehicle. Most often, the unwary driver says “yes”.

The officer then searches the vehicle and finds a large amount of cash. He will probably let the person go, perhaps with a ticket, though sometimes with a simple, “you are free to go”. The cash, however, is confiscated by the officer as “presumed to be the byproduct of criminal activity”.

The cash is turned over to the court and a proceeding takes place, styled along the lines of “Acme County v. $9,378 dollars in cash”. Then, if the owner of the cash has the wherewithal to pay an attorney to represent the “cash” in the suit, they start watching the value of the cash reduced proportionate to the cost of the legal proceedings.

The ‘court” is operating under the premise that the cash is a byproduct of criminal activity, therefore, the due process required by the Fifth Amendment is moot. Here, we come to a matter of interpretation of our contract with the government. The court assumes that the owner of the property has not been deprived of the property, even though the due process had been preceded by the confiscation of the property.

The Fifth Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

So the complex legal question of whether you are deprived of your property when the officer takes it from you, or you are deprived of your property, which the officer deprived you of, only after the court finalizes the theft of your property. Thank God for attorneys because this is such a difficult  interpretation of the wording of the Fifth Amendment.

However, maybe there is another “presumed right”, of which we have all been told the existence of. That being you are presumed innocent until proven guilty. If that is true within the American judicial system, then the presumption of innocence applies both to you and to your cash. How can “byproduct of criminal activity” be assumed if there is no crime with which to associate the activity?

Finally, in what country in the world have we ever heard that you can be presumed to be criminal if you have lawful, or legal, coin of the realm in your pocket?

Motor Vehicles

Did you ever wonder why the lender (lien holder) can reposes someone’s car, without a court order? Quite simply, the person who thinks he owns the car doesn’t really own it.

It starts when the car is bought. You fill out a neat little package of forms so that the dealer can take the package down to the Motor Vehicle Department (DMV) and get a temporary tag until the real tag arrives in your mailbox.

One, or more of the little cards that you fill out is called a “Power of Attorney”. The Dealer takes the Power of Attorney and a piece of paper that he got when the car was delivered from the manufacture. That piece of paper is known as the Manufacture’s Statement of Origin (MSO). You could say that it is the “birth certificate” for the automobile. When the dealer takes your Power of Attorney and the MSO, and, of course, some of your money, to the DMV, he asks them, under the authority of the Power of Attorney , to make the automobile a motor vehicle. The DMV will then issue a Certificate of Title. Now, this is where it begins to get interesting.

Let’s go to Black’s Law Dictionary (5th Edition) to see how your car becomes a vehicle:

“Certificate of title. See Insurance (Title insurance)” [page 206]

It seems rather strange to have to look under ” insurance” for ” certificate of title” , but, let’s try it:

Insurance **** {page 721][deep into the many paragraphs, we find:]

Title insurance. Insurance against loss or damage resulting from defects or failure of title to a particular parcel of reality, or from enforcement of liens existing against it at the time of insurance. This form of insurance is taken out by the purchaser of the property or one loaning money on mortgage, and is furnished by companies specially organized for the purpose, and which keep complete sets of abstracts or duplicates of the records, employ expert title-examiners, and prepare conveyances and transfers of all sorts. A ” certificate of title” furnished by such a company is merely the formally expressed professional opinion of the company’s examiner that the title is complete and perfect (or otherwise, as stated), and the company is only liable for want of care, skill, or diligence on the part of its examiner.

So, what does that say? It says that the state, through the DMV, insures that the one loaning money is insured as to the title of the car. That is the lien holder, not you. Until the lien holder is removed from the title, it is their car. It also makes it commercial, it is being insured as a “motor vehicle”.

So, what is a “motor vehicle”?  For this, we have to go to the US Code, TITLE 18 – CRIMES AND CRIMINAL PROCEDURE, Section 31. Definitions. There, we find:

Motor vehicle” means every description of carriage or other contrivance propelled or drawn by mechanical power and used for commercial purposes on the highways in the transportation of passengers, passengers and property, or property or cargo

and,

Used for commercial purposes” means the carriage of persons or property for any fare, fee, rate, charge or other consideration, or directly or indirectly in connection with any business, or other undertaking intended for profit

So, by getting a Certificate of Title, in exchange for a Manufacture’s Statement of Origin, you end up with a commercial vehicle that belongs to the lien holder, not you. And, you paid for it.

Since it belongs to them, they can take it, if you have breached the contract.

To make this charade as effective as possible, everybody keeps very quiet about it. So, unless you pay cash for a new car, and, ask for the MSO, you can expect to drive a commercial “motor vehicle” rather than a car.

Home  Building Permits

Did you ever wonder why, in a free country, you had to get a building permit to build a home? Even if you want to add a room, you must get a building permit.

Imagine, if you will, a covered wagon travelling across the vast plains of the Midwest, venturing out to California or Oregon, in search of a new life. They arrive as the winter snows begin to fall. They have been living out of their wagon for the past eight months, and are anxious to begin their new home.

As the father is cutting down trees, preparing them for cabin logs, a stranger walks up and says, “Sir, where is your building permit? You will need to have plans prepared by an architect. You will, if you want indoor plumbing, the work will have to be performed by a licensed plumber. Then, you will need a septic tank, so you will have to get a soil engineer’s certificate of suitability of the soil for the septic tank. Thank God, there was no electricity, then.

Surely, they would have repacked their wagon and reversed their trek.

Under the guise of “for your own protection”, agencies have grown out of the woodwork to assure that you don’t endanger yourself by building a home of sod, logs, dirt, or even bricks.

Back in 1968, a Vietnam Veteran found an old house, in the hills south of Watsonville, California. The “Condemned” sign was still hanging on the door. He looked in the tax assessor’s roll and found the owner, who lived in Southern California. He called them, made an appointment, visited them and left with an agreement to buy the house and property.

Back at the house, he replaced fallen plaster with sheetrock, dozens of broken windows, water heater, submersible well pump, cleaned the cistern for water storage, sanded and varnished floors, painted or papered walls, and rewired some of the electrical system, which had been installed in the house long after it was first built in 1929.

Being otherwise self-sufficient, he needed only to get the electricity turn on to make the now restored house a home.

He called the electric company and told them that he needed to get the electricity turned on. When the man arrived to turn the electricity on, he asked for the building permit. The Veteran said, “I don’t have a building permit. I’ve only restored that which was.”

“Well, do you have anything from the electrician who did the work?”

“I’m not an electrician, but I did the work.”

‘Well, you are supposed to have a building permit and it is supposed to be signed off by a certified electrician.” As the electric company man was saying this, he was looking in the master electric panel. He then said, “Well, the work looks good, and, since you are going to be living here, I’ll go ahead and turn the electricity on.” which he did.

It seemed that there was a commercial tie to getting electricity in a house. Building permit, certified electrician, all of this just so he could turn his lights on? Would the government rather he live without electricity — for his own safety?

So, how does this work? Well, if you contract any portion of the house to be built by someone else, the state has ‘regulated’ their trade — for your safety. In that regulation, they have told him that he will lose his license if he does work without the proper permits.

Then, they tell all of the utility companies that they have to ascertain that there was a building permit and that any work performed under the permit has to have been done, and signed off by a licensed professional, or the utility services cannot be turned on — or, the utility company will lose its license.

As with Prohibition, the government cannot act on us, but can act on commercial entities. Once you have submitted an application for the building permit (remember Ashwander), you are bound by the rules of that agency. You have ‘volunteered’ to seek a benefit. And, you have been force to volunteer because the commercial enterprises have been coerced into participation of the game that denies you their services unless you have the permit.

To add insult to injury, once the Building Permit is completed and signed off, the agency acknowledges that you have improved your property, and increases, based upon your ‘admission’, the value of the property tax assessment.

Borders

What is an illegal immigrant?

The Immigration and Nationality Act prohibits non-nationals from entering, or attempting to enter the United States at any time or place that has not been designated by an immigration officer. It also prohibits non-nationals from eluding immigration officers. Inspection and/or authorization are required for entry.

The U. S. Bureau of Customs and Border Protection, and its mobile division, The U. S. Border Patrol are responsible for apprehending individuals attempting to enter the United States illegally.

Even with these laws and agencies, it is estimated that over one-half million illegals enter the United States, each year.

There are three types of illegal immigrants: 1) entering without authorization and inspection; 2) staying beyond the authorized period for entry; and, 3) violating the requirements for legal entry. The first type accounts for over half of the illegal immigrants in this country.

Who enforces immigration laws?

Illegal immigration is classed as a misdemeanor and subjects the person to extradition.

Under The United States Code, Title 8, Section 1103, the Powers and Duties of the Secretary of Homeland Security and the Attorney General of the United States have the authority to extradite illegal immigrants

There are an estimated 13 million illegal immigrants

Since the Department of Homeland Security (DHS) has over 60 agencies within its department, with over 179 thousand employees and a budget in excess of $28 billion, it is difficult to understand why the growth in numbers of illegal immigrants in this country continues to climb.

It has become apparent that the DHS is not interested in supporting local law enforcement in attempting to stem the flow of illegals or to identify them for extradition. In fact, there are a number of large cities in the United States that have enacted laws protecting illegal immigrants within their boundaries (Haven Cites).

Not only illegal immigrants, who flood the job market, even though they are criminals by being here, but drugs, weapons and possible terrorists, with intentions of death and destruction, are nearly guaranteed entry because of the negligence of the DHS and other responsible agencies.

The abrogation of their responsibility, under the law, creates risk to the citizens of this country, and provides a welcome mat for the continuation of illegal border crossings.

Often, employers are charged with a crime for employing illegal immigrants. The government and the agencies assigned to protect the borders, however, are immune from consideration of their failure to enforce the law of the land.

Though there are many causes for concern over what is happening in this country, only a few have been addressed, here. Surely, your concerns would fit into the above descriptions as nicely as those that have been included.

The Nature of Government

Returning to John Locke, and his philosophy of self-government, that which the Founding Fathers modeled much of the founding of this nation after, is worthy of understanding, if we are to know enough about our government to understand what is necessary to return it to its proper role.

Dissolution of government

We begin with the question, can government be dissolved?

Governments can be dissolved by a number of means. What history shows us, as the most common, was forceful encroachment by a conquering Army. The effect was dissolution of the government and subsequent dissolution of the society, for every nation is composed of both government and society. Generally, under these circumstances, society was disrupted and scattered to the winds. This form of dissolution has not existed for quite some time.

Another form is when an enemy force dissolves government, and replaces that government with a government of their own choosing. The result, in this instance, is dissolution of government by non-violent means, and subsequent dissolution of the society, which is replaced, through a slow transitional process, by a society unlike the one that was the source of the original government. We must not assume, in this circumstance, that the dissolution of government will, necessarily, take a forceful effort. The likelihood, in modern times, is that the dissolution of the government and subsequent dissolution of society will go unnoticed until history is revised and the transition is lost from existence, without a notice of its demise.

If the form of government within a nation has any form of representative capacity, the means by which dissolution may occur will take one of three forms. First, the executive may begin to arbitrarily impose his will on the elected representatives and the people. Slowly the rule of law deviates from its original intent, and slowly the dissolution process occurs.

There is also dissolution of government by delivery of the people to the influence of a foreign power. Eventually, the legislative body finds themselves subjected to a set of rules not of their making, but to which they must adhere, which, again, results in the demise of the government, as was originally intended, and the society as it becomes subject to that foreign power.

Finally, there is dissolution when the trust bestowed upon the existing government is betrayed, by whatever means. That trust, generally in the form of a constitution, forms a set of rules by which the government is empowered, with the belief that it will abide by such contract. Faith is necessary because there is a need to pass power to government so that it can conduct its business thus the transition from the Articles of Confederation to the Constitution). When that power is directed in violation of the trust, ultimately it will be used to dissolve the society. The question here is, is the government dissolved as well? That answer shall be forthcoming.

How is a government dissolved?

Governments, of the nature of legislative authority, are created by, and subject to the will of the people. They are creatures of the will of the people, and their purpose for existence is only to protect the rights of the people, to the extent delegated, for the preservation of property and the protection of the life and liberty of the people. There is no other purpose for government whose authority is from the people, than the preservation and protection of the People’s lives, rights and property.

Once it is recognized that government has begun to deviate from its intended purpose, and the delivery to a foreign power is apparent, the people are more likely to presume that there is nothing that can be done to change that course. Many will accept that those chosen to legislate and administer are far wiser than they are, and willingly subject themselves to the change that results in the conversion and dissolution.

Within any society, it is far easier, especially so long as there is sufficient bread on the table, to allow the trend to continue, accepting that this is the evolution of government as it should be. Little do they recognize that what they are experiencing is tyranny in the same form that has imposed itself upon people throughout history. The despotic nature of government will advise them that they are freemen while they are, at the same time, wrapping the chains of slavery gently around their lives. This is a form of mockery that is little understood by most. What is understood even less is that they not only have the right to get out of it, but to prevent it.

The protection of property being the most significant purpose of government, the power given to government must be limited to preclude any theft of property. When government, in an artful and crafty manner, begins the slow and meticulous theft of the property of the people, it has violated the sacred trust granted to it at its inception. Regardless of whether that theft is direct, or indirect, the outcome will be the same.

Government, then, when it does begin this process of conversion (dissolution of the intended government), has breached the trust of the people. The people, however, have not lost their right to the fundamental liberties, for the preservation of which the government was first formed. Instead, they have a responsibility to revise that form of government, to correct the errors and to rewrite the contract to provide for the protection of the property and the rights of the people to be secured.

Government imposed  dissolution?

What can be done to prevent this form of dissolution? Surely, a resort to the force of arms against those who have been granted the authority to use force of arms in the preservation of property is not an easily undertaken measure. What would rouse the people to return their government to that place and to those ends for which it was first erected?

Rebellion is the term that applies to those who seek to dissolve government, and society, from within. The determination of who the rebels, the usurpers, truly are is the question that must first be asked. If the government has drifted from the course first intended, and, after due notice, continues to deviate even further therefrom, and in that process imposes force of arms against the very people it was created to protect — then that government, and all within it, have become the rebels, they are the ones that have sought to undo that which was first intended, and they are the ones that have resorted to armed force to impose their will upon the people. It is they who are guilty of rebellion. It is they who have created a state of war.

Who is it that would suggest to the populace that any who would denounce the actions of government, under the circumstances presented, as being the rebels? Those very people who had been selected as our representatives for the purpose of protection of property would proclaim that those who have found the need to protect their own fortunes are the usurpers, the “rebels”. They would denounce them and accuse them of crimes against the state and against the people themselves. They would argue that these rebels must be subdued. Yet, who are the pirates, the robbers, and the thieves?

If the innocent, honest man must quietly quit all he has for the sake of peace — to those that would impose violence upon him for protecting his own property, what kind of peace will we be subjecting ourselves to? Violence would be maintained only for the protection of the robbers and oppressors.

The end of government is for the good of mankind, and what is best for mankind is that they not be subjected to this form of tyranny. The duty of government is to resist these evils, and protect the people from them. The exorbitant use of government’s power, when used for the destruction of that very society, and not for the preservation of the property of the people, is the worst form of tyranny that can befall mankind, for it came of trust, and results in slavery.

When does one act to stop the tyranny?

Most of the people will not be willing to believe all accusations made by those who proclaim the evils of government. Those who first recognize the tyranny will be scorned. When only a few stir against this tyranny, they are looked upon as mischievous, and, likely to seek their own ruin.

Until the design of the despots has become apparent to a sufficient number, the greater numbers will be content to suffer rather than to right themselves by resistance to tyranny. Who, then, assumes responsibility to correct the problem before the goal of dissolution of both government and society has been achieved?

That determination is not one for earthly consideration. Simply, if the matter were cast before a court of the government, the ruling, without question, would be that those who support the dissolution are mistaken in their thoughts, and criminal in their nature. Under these circumstances, the course is set, and the goal of tyranny will be achieved. Those who oppose the course of government are incarcerated, or killed.

The only recourse that can allow a just consideration of action is the ruler of the universe, who speaks to each individually, but sets no mandate from which we can seek guidance. The judgment will come, not in our lifetimes, but when the final determination as to our destiny is made. History will tell a story and the evidence of the actions must stand on the merit of the arguments presented and to the actions taken.

History is as likely to condemn those who sat idly by as to look favorably upon those who sought to restore the institutions for which they have cast their lot for the protection of their property. Each of us must make his own decision as to what course must be taken, though we must remember that those who would usurp the faith and trust granted them are the worst criminals that can exist on the face of the earth, and should be treated accordingly — punishment for crimes committed not only serves as a deterrent for future occurrence, but is just reward for those that commit those crimes.

Whoever uses force without right, who does so without true law, puts himself in a state of war against those against whom he so uses it — and in this circumstance all former conditions of consideration cease to exist, all ties are canceled, all rights cease and each retains the right to defend himself as he sees fit, and to resist the aggressor. Moreover, he who resists, by the very nature of resistance, must be allowed to strike. Resistance only when backed into a corner is as cowardly as it is unsuccessful.

We all understand that an inferior cannot punish a superior, at least so long as he is the superior. When the state of war comes into existence, all former relations are canceled, and all respects and reverence for the superior ceases to exist. Since the original superior was the citizen who provided for the existence of government — for the preservation of property — that condition returns, and it is the superior who now comes forward to subdue the inferior, the usurper.

What then may happen that the people may, of right, and of their own authority, take up arms and set upon the government? Nothing can ever justify this form of action, for then, truly, the aggressor would be the rebel. Not, at least, so long as the government remains the government. The people can never come by power over the government unless the government ceases to be a government and divests itself of its authority. Only when the people must revert to the state of private man, and bear the responsibility for the protection of his own property can they become free and superior.

Each must judge for himself whether government continues to serve as government, or ceases to be that government to which his allegiance is owed. Each must resolve — in his own mind — in his own heart — and seek advice from heaven. Those who gave it can never remove the authority that each person gave as his share of the collective authority of government. It is the nature of community that requires that we all abide by that shared authority. Without that trust, that commitment, there can be no society, no commonwealth, no community, for that would be contrary to the original agreement, and a violation of the trust of our neighbors. The government can never revert to the people while the government lasts, nor should it divest itself of that authority. It is assumed that government will last forever, for that is the purpose for which it was first created.

When the miscarriages of those in authority have achieved a point so far removed from the original purpose, the government has forfeited its existence, and upon forfeiture, divests itself, and returns to each of us his respective share of the cumulative authority. Government reverts to society and the people have the right to act as the supreme, to continue to legislate as they see fit — to erect a new form, or to repair the old, assuring that what has been learned has also been corrected. It is that state that we are currently in.

What can we do to restore the Constitution

Disobey the Constitution – as Lincoln did

Abraham Lincoln felt no compunction when he decided to ignore the Constitution to save the Union. Perhaps we need to enter our venture to restore the Constitution with the same sense of necessity. The Constitution sets out safeguards to protect us from government. The government has failed to abide by the Constitution, The Constitution sets forth what the government is. It is that portion of the Constitution that we need to consider, in its present administration. Is it complying with the dictates of the Constitution in the performance of its duties?

If not, are we bound to recognize it as the lawful government of the United States of America? Though it may be the legal (de facto) government, is it the lawful (de jure) government? If it is the latter, then there is nothing that can be done, it is in compliance with the Constitution. However, if it is the former, then it is, without doubt, the usurper of power that was never intended to be within its authority.

The Constitution still stands, but absent the government instituted by the Constitution, we have little choice but to regress to the Declaration of Independence, and regain the lawful government by the means outlined by the Founding Fathers — to regain the rights of Englishmen (Americans).

Suspend judicial process

How can this be accomplished when we realize that the judicial system has become a major player in the commandeering of power beyond the scope envisioned by the Founding Fathers?

We must consider the judicial process as suspended. That no judicial action regarding any and all efforts to regain a Constitutional government is valid and of force. This would mean that any who attempt to enforce judicial actions is outside of the law (constitutional), because the Court is acting outside of the law. During the War of Independence, all civil matters were suspended and only criminal actions heard, if conditions allowed. Those with enmity toward the cause were jailed, and had their arms taken from them. Their property could become forfeit, if their actions were such as to be destructive of the cause.

Committees of Safety were empowered by their communities to deal with judicial matters, when necessary. There is no reason to believe that this expedient could not be restored.

The circumstances as they existed then, and as they exist, now.

We need to look at the playing field that exists, today. It is not like that which the Founding Fathers played upon.

Then. there were spies and informants. Dr. Benjamin Church was a member of the Massachusetts Committee of Safety and on the examining board for surgeons, for the army. He was also a spy for General Gage of the British Army. He was found out and removed to Connecticut, and later released to sail for the West Indies.

Other spies roamed the countryside gathering information for the Crown.

Messages, back then, had to be transmitted with paper and ink. Even with code and disappearing ink, evidence was usually easily found, once suspicions were aroused.

Today, with electronic bugs, cell phones, and countless other electronic devices, transmission of information was considerably easier, and safer, then.

Informants that have infiltrated groups have been known to be the prime motivator of illegal activity; entrapping their fellow members and testifying against them (consider the suspension of judicial process, above).

Long-range eavesdropping equipment and long range visual capabilities provide even greater risk to endeavors that might have been easier for the colonists.

Though acts of violence, some resulting in deaths, and acts of destruction of property, were not uncommon, they were not looked upon with distain, as they are now.

We need to look at the playing field and determine that it cannot be allowed to defeat us, by its nature. Improvising and adapting are necessary to be able to play on the field.

Where does this all lead to?

The Process

A question was raised, the other day, in a conversation. The question was, “Could a Revolution be conducted in the modern world considering modern technology, extensive government troops, and battle field weapons?” At first thought, the task seems so ominous, so daunting and against such odds, that it would be impractical, if not impossible.

Upon reflecting on what must have been equally daunting to the Founding Fathers, it is not, as first anticipated, such an ominous task,

The Founding Fathers faced British forces — the best-trained and most successful military in the then world. Its navies were masters of the seas; its land forces had recently defeated the French and had forced colonization around the world. It controlled the local government, and had enacted laws that gave it nearly arbitrary control over the colonies. The colonies had few things working for them. They had a lack of experience, except those who had recently fought alongside the British in the French-Indian Wars; They had to defend themselves against hostile Indians, and thus learned certain tactics used by the Indians; They had local knowledge of the topography; and, They had the fortitude and persistence that had helped their forefathers, and themselves, overcome the obstacles of taming a land which had been little changed from its natural state.

Against them were: numbers of highly trained soldiers; unlimited supplies and resources, although many of them were located across the ocean and had to be transported; a multitude of locations, bases, within and around the colonies, mastery of the waterways; and, many of the leaders had experience both with fighting Indians and working alongside the colonists.

In those first eventful days of April, May and June 1775, the colonists learned what their weaknesses were and what some of their strengths were. They learned that they were not trained, nor were they inclined to fight face to face on the battlefield. They learned that the tactics of the Indians, ambush by surprise and hit and run tactics would damage both morale and manpower of the British. They learned that living to fight another day was more important than victory in a battle. One of the major drawbacks in their efforts was that of selecting officers who were astute enough to challenge the ways of traditional warfare.

But, they did, with the persistence and their faith in God, prevail — not by might, rather by tactics and fortitude.

Just how would they fight, today? Perhaps they learned that politics should have less to do with officer selection than the competence of the man who would be chosen to lead them into harm’s way. Surely, they would adapt their tactics to the ‘battlefield’ and would realize the political necessity of securing faith and assistance from the non-combatants. There are many other generalities that can be addressed, but of greater importance will be the actual circumstances of today’s world and the necessity to develop new tactics in order to overcome obstacles that present themselves, as the battle begins

The Beginning

Open confrontation would be out of the question. A degree of psychological warfare would probably serve best at the onset. Small teams composed of people who have known each other for years and who have never been charged with a crime would provide the best security. — since plea agreements would be a logical means to force infiltration or of gaining an informant — Communication between various teams should be limited and comparable to the information of those within a single team. The more you know, the more you can give up, if caught.

Joint operations can be conducted with two or more teams participating, and can lead to bigger, better and more successful operations.

Each team should have at least one person whose job includes dissemination of information about targets. Targets can be objects or individuals, though any target should have obvious and describable characteristics, which can be publicized.

Developing sympathetic focal points within the press is very important and information should be provided as soon as possible following an event, substantiating the necessity of the action taken. This would result in minimizing the government/press’ ability to demonize your cause; For example, a police officer know to abuse people, whether prisoners, or civilian, is a likely target and one which sympathy for the action can be developed; A building that is used primarily for government communication can be disruptive of the government’s efforts to conduct unconstitutional operations.

However, there will never be a single target that can develop sympathetic reactions from all of the public, there are thousands of targets that can result in a neutral if not a positive effect on a portion thereof. In target justification, your actions can never be random, nor can they be indiscriminant. Always maintaining a higher moral ground than that of the government will enhance your ability to sway people to the cause.

As styles and tactics are developed, they can be shared with others — to enhance their operations. As public knowledge of what is occurring grows, more people who have concerns about government will realize that they will soon have to decide which side they are on.

What characteristics should a target have to be justified? Many people in positions of power or authority are among those who support the continuation toward tyranny in this country. If allegations exist that demonstrate a possible pattern to the actions of someone, then there is potential for that person to be targeted. If a person holds a position that is among those that will be utilized to ‘enforce’ the edicts of government, they are front line soldiers in the war against the New Patriots. However, attacking them without some ‘dirt’ that can be exploited carries a risk of disenfranchisement of some of the people. If these people are targeted, it is best to catch them in an act that demonstrates the need to deal with them — such as making an unwarranted or ridiculous arrest of, or seizing property without a warrant.

What structures are potential targets? Many insurance companies have reneged on their obligation to compensate policyholders for losses. This is especially true of homeowners insurance companies that have failed to make whole the people who suffered from natural disasters, or opted out of their responsibility and encouraged the government to take the responsibility off their backs. There are communications facilities (long lines systems; microwave communications, etc.) that are targets that will have disruptive effects on the governments communications. Though this will also impact the public to some degree, the effect on government will be substantial and may be well worth the effort, if properly targeted.

Power is a necessary element for all of our lives, but even more so for the operation of government. Hospitals have back up power generations systems, as do most government facilities. If a power system that supports a government facility is to be targeted, it is probably more effective to take out their emergency system, first. When targeting power systems, the most desirable target is the transformer stations. Generating plants have standby generators, and can be readily replaced. Transformers are much more difficult to replace; each incident will reduce the availability of replacement transformers. Transformer sub-stations can be targeted based upon them providing service to government or other targeted operations, minimizing the effect on the public. At this point, transformer stations are relatively unsecured. Because they generate massive amounts of heat, they are set in arrays and enclosed, usually, only by security fencing.

Buildings, themselves, if they are headquarters for agencies, corporations are other entities that can be identified as oppressive, are good targets. Take heed from the misunderstandings in Oklahoma City, that they should be targeted for minimal loss of life.

Other possible targets would be those who have questionable practices that have been accepted as American for over a hundred years and have filed lawsuits to remove crosses, the Ten Commandments, Nativity displays and other Americana from public places.

Advocates of immorality, contrary to the morality that has been recognized by this country for nearly two centuries, might also be targeted.

What will be the effects of this Beginning effort?

Many who have jobs solely because they pay well, provide great benefits, give them authority to assert themselves, or are just plain immoral to begin with, are peopled by individuals that are inclined to take any job which provides them a comfortable existence and a regular paycheck. Generally, those jobs are either without risk, or the odds are stacked in their favor, if elements of risk might arise. What happens if all of a sudden unanticipated risk creeps in to be a part of the job description? The greater the degree of risk, the sooner that person will find another place to work. If those positions cannot be readily filled, they begin having an impact on the reliance on that part of the system by the government.

The same is true in many of the businesses that are supportive of government actions, or otherwise potential targets. Even if there was no risk to life, the fact that the ‘office’ is no longer there will cause the employees to reconsider the benefits of working for that company. What if, the next time, the building isn’t empty, they ask themselves. As the risk increases, the availability of workers diminishes. It will not take long before that business is not operating as usual.

During this entire phase, the Beginning, operations should continue, as practicality and safety allow. Every event should have information disseminated so that the explanation behind each target can be justified, at least to some degree, in the eyes of the public. The government, in outrage over what is happening, is more likely to assert brutality, whenever they think that they have captured a person or people they believe are ‘perpetrators’.

As public anxiety over events increases, the media coverage will also increase. It will be necessary for both targeting events and retaliations by government to be disseminated, as widely as possible. Find your line of communication, and keep it flowing. Those in the communications lines should follow how the information goes out into the mainstream. If it is twisted toward the unfavorable, the line that is being fed the information should be reconsidered. What you get out of what you do is totally under your control. Make the best if it.

Some Obstacles in the Beginning

In most cases, there are things that must be dealt with before any activity takes place. One obstacle will be knowledge as to where the tens of thousands of cameras are located. If your people are properly disguised, and identification of vehicles is obscured this may not pose a problem. It doesn’t hurt to begin anticipating being tracked, even in a disguised vehicle, by those many cameras. Some cameras can be destroyed, or temporarily disabled with a red laser. The problem is, you have to be in the line of sight of the camera to be able to have an effect on the electronics. Another option is a well-sighted 22-caliber rifle. A long rifle bullet may be sufficient, in most cases, though magnum loads might be more reliable for the desired destruction of the camera. This can be done from any position where a clear view of the camera can be had. In normal daytime activity, chances of the shot being heard and identified as a rifle shot are very slim. Since most of the cameras are now radio operated, destruction of the camera is the only solution. There are no wires to cut.

There is always the possibility that someone will be identified during an operation. Or, there may be something in his past that has made him a “person of interest” and subject to ‘detention’. If you are aware of the possibility of one of these occurrences, it might be wise to take advantage of the situation, even if it means spending weeks in an ambush mode. If you can anticipate their avenue of approach, where they would be likely to set up a command area, where they would be likely to store equipment and park vehicles, you might have the upper hand. You need to understand, as in all military tactics, that they may anticipate such an action. Your planning has to be made with that in consideration. When one side thinks that it is superior to the other side, it is more prone to mistakes than the side that recognizes that it needs to make itself superior.

If the SWAT team cannot get out of their truck (alive), they cannot be an opposing force.

Expansion of the effort

As the New Patriot organizations increase in size and competence, they will increase their ability to conduct larger operations. Small armies of New Patriots can encircle and force surrender of government bodies of armed men (police, sheriffs, National Guard, and military bases), forcing surrender, and then administering loyalty oaths or incarceration.

Over time, the ease of operation will become greater and greater. Still larger operations can be planned and carried out. Like a transfusion, new lifeblood will flow into the Constitution and the Great Experiment, which began in 1788.

Nationalizing the effort

As the first phase continues, a network of active New Patriots will communicate over broader areas, bringing communication into a larger network, as time goes on. During these early stages, many who are not in complete sympathy with the Rebel cause will expose themselves and be removed from the system. As the New Patriot successes blossom, more will join the cause. Eventually, semblances of state governments (Committees of Safety) will appear in the underground level. Current politicians sympathetic to the cause, will leave their government positions and adhere themselves to the New Patriot side. Similarly, members of the establishment press will see the writing on the wall, and opt out of their current obligations to promote the cause of the New Patriots.

As the network enlarges, the means of conducting even larger operations will present itself. Slowly, as did during the American Revolution, the balance of power will shift away from the usurpers and pass to the New Patriots. They will be able to operate more openly, and will be able to convene for conducting the common business.

The will also be able to reach out to other countries in the world and seek assistance in the form of financing and equipment, perhaps even soldiers, navies and air force capabilities. Can you imagine how many countries would love to see the current US government displaced? France and Spain sure were desirous of seeing the British government displaced in 18th century America.

As local groups reach out and communicate with other groups, a form of underground government will evolve. A network will establish itself much as the Founding Fathers did, and each state will re-establish itself with a true (not corporate) government of the people.

It is quite possible that fear, by those who have usurped authority, unwarranted by the people or the Constitution, will flee, as Tories did during the Revolution. Eventually, they will be displaced, whether by flight, or by indictment for crimes committed and trial by a jury comprised of people who have taken an oath of loyalty to the true United States of America.

The strength of the effort, as it grows in popular support and acceptance by true Americans, will begin a scourge of those who had held power. Once displaced, their positions will be filled by those chosen by the people, and not filtered through political party structures.

The future of the United States of America, is in your hands

Given the understanding of the real circumstances of the country that we live in, today; can there be any doubt that something needs to be done to correct the problem?

Consideration should always be given to peaceful means of resolution. However, when those means are effectively removed from the means of achieving results, are we forever committed to beat our heads against an impenetrable wall?

We can continue to demonstrate our displeasure with government by marching in the streets. This will give us a sense of doing something, but, as we can see by the past, it will effect no change in the course that the government has set.

We can support candidates of our choice, but if they are of one of the two political parties, they have earned their position by obedience to the party, not to the people.

If it is a candidate of another nature, then there is hope, though the odds are against election, However, if he were to succeed in getting elected, he would be just one voice screaming in the darkness of that pit called Congress. And, though you might hear him screaming, those in Washington will not even flinch for the noise that he makes.

What choice do we have that has any chance, whatsoever, of success? Is there anything that can be proposed which might have even a slight chance of success?

The Tea Party of Boston was an element in the revolution. It is time to understand that the revolution is over, and, that the time has come for the action that follows that change in thought. That is the action that brings about change. It is not irresolution; rather, it is an absolute commitment to do our duty, in accordance, not with the Constitution, but with the Declaration of Independence.

Mice? or Men?

The Boston Committee of Correspondence met at Faneuil Hall on the evening of June 27, 1774. Samuel Adams was elected moderator, but stood down from his position after a Tory announced that Boston should censure the committee. The British had begun raising their complement in Boston, and the Committee, just a few weeks earlier, had approved sending a delegation to what would become known as the First Continental Congress.

“A Grecian philosopher,” Adams said, “who was lying asleep upon the grass, was aroused by the bite of some animal upon the palm of his hand. He closed his hand suddenly as he woke and found that he had caught a field mouse. As he was examining the little animal who dared to attack him, it unexpectedly bit him a second time, and made its escape.”

“Now, fellow citizens,” he continued, “what think you was the reflection he made upon this trifling circumstance? It was this: that there is no animal, however weak and contemptible, which cannot defend its own liberty,

if it will only fight for it.

 

Download a PDF version of this article: Unlike any other Government (PDF)

 

What if I’m arrested?

What if I’m arrested?

by Gary Hunt
Outpost of Freedom
March 1995

This question is one of the more frequently asked questions in the Patriot community. It is an issue that is becoming more prevalent and worthy of addressing for it is the future for many of us who seek to resurrect the Constitution. It is also one that I have become familiar with over the past few years, by experience, by study and as a result of what I have seen occur in the community.

To put the subject in proper perspective, it is necessary to understand what the Founders have said on the matter, what the supreme court has said and what experience has shown to best serve us under that circumstance.

First we will discuss what it meant to the Founders. The initial additions to the Constitution for the United States of America known as the Bill of Rights were adopted as a condition to ratification of the Constitution. Whether the amendments were a good idea, or not, has been argued for over two centuries. The question at the time was whether the adopting of amendments specifying certain protections might lead subsequent generations to believe that only those rights were ~ protected. As a result of this concern the Ninth and Tenth Amendments were adopted to assure that future generations would recognize the existence of Individual Rights and States Rights. The Tenth, we are all familiar with, is the amendment that is being asserted by state after state in an effort to curtail the proliferation of usurpation of unlawful authority by the federal government. The Ninth, however, was adopted with the intention of clarifying the issue of rights beyond those enumerated in the Bill of Rights. The Ninth Amendment: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Little need be said to understand that the people retained anything not addressed and not falling in the realm of those enumerated. Not even the state would ascend to jurisdiction in certain matters. I bring this up now, but we will discuss the Ninth in more detail later. What we are primarily concerned with at this point is the Fifth Amendment, or at least the portion underlined below: No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Let’s break that first portion down so that we might better understand exactly what the Founders meant. No person (this includes people and persons in the modern concept) shall be held to answer (held to answer, quite simply, means arrested – held, or detained until they are made to answer) for a capital or otherwise infamous crime. (Capital crimes are those punishable by execution, infamous crimes are those that we now refer to as felonies) unless on a presentment or indictment of a Grand Jury (Grand Juries are made of people, not of government. a presentment or indictment is the result of a true bill issued by the Grand Jury). It is clear by this amendment that ONLY the people could decide that one’s liberty could be taken away. The government was never endowed with that authority to make the decision to arrest anybody, except under the condition stated in the Amendment.

Perhaps this is best understood if we look at what Liberty really is.

liberty 1. Exemption from slavery, bondage, imprisonment, or control of another. 2. Freedom from external restraint or compulsion (Webster’s New Collegiate Dictionary) .

LIBERTY Freedom; exemption from extraneous control. The power of the will to follow the dictates of its unrestricted choice, and to direct the external acts of the individual without restraint, coercion, or control from other persons. (Black’s Law Dictionary – Third Edition)

It might then be said that Liberty is the freedom to live life without fear of restriction or Limitation, except to the point that this expression can not be of a nature that would cause injury to another. Liberty, then, is our very life.

Let us consider that most states might allow you to use force to retain your property, say, money. We might look at why the Founders perceived Liberty in the way that they did. Money is simply a conversion of your time into a more readily exchangeable form. Money is the result of your energy, time and life, being expended. Money, therefore, is the very byproduct of the productive portion of your life. Any goods that you exchange your labor or money for is then property that has resulted from that same sort of exchange. Life, or time, is the very raw form of all property. Isn’t it, then, perhaps more valuable than the commodity it is exchanged for? If so, then the loss of the time that can be exchanged for money or property is equal, or more valuable than the byproduct itself.

If the right to protect property is existent, then the right to protect life, or time, must be equally existent. If that right extends to the use of force for property or money, then it must be equally so for Liberty. Even if that right does not extend to the right to use force in protecting property, surely it would extend to the protection of life in the basic form of Liberty. For example, if a kidnapper were to enter your home intent on taking the Liberty of you or a member of your family, surely the right to use force exists in this circumstance. Most states, and the federal government have even allowed that kidnapping may be capital in nature. If the state has the right to take a life for stealing that “commodity” (life, time or Liberty) then surely that right extends to the People of this great nation. What the Supreme Court says

This would explain the decision that was rendered by the United States Supreme Court in John Bad Elk v. United States (177 U.S. 529). In this case, three law enforcement officers threatened John Bad Elk with arrest. The officers had been sent by their boss to arrest John. The officers were acting in good Faith, but their boss had no warrant and the arrest would not meet the legal criteria. The initial court, based upon the instruction from the judge, found Bad Elk guilty of murder for shooting and killing one of the officers, John Kills Back. It was merely the threat of arrest that forced Bad Elk to action. The charge to the jury was as follows: “The deceased, John Kills Back, had been ordered to arrest the defendant; hence he had a right to go and make the attempt to arrest the defendant. The defendant had no right to resist him… In this connection I desire to say to you, gentlemen of the jury, that the deceased, being an officer of the law, had a right to be armed, and for the purpose arresting the defendant [John Bad Elk] he would have the right to show his revolver, He would have had the right to use only so much force as necessary to take his prisoner, and the fact that he was using no more force than was necessary to take his prisoner would not be sufficient justification for the defendant to shoot him and kill him. The defendant would only be justified in killing the deceased when you should find that the circumstances showed that the deceased had so far forgot his duties as an officer and had gone beyond the force necessary to arrest the defendant, and was about to kill him or to inflict great bodily injury upon him, which was not necessary for the purpose of making the arrest”

What appears to be the way that we understand things today is not the way they should be perceived. The instructions to the jury were in error. The case was appealed to the Supreme Court, which overturned the trial courts verdict, and stated as follows: “We think the court clearly erred in charging that the policeman had the right to arrest the plaintiff [John Bad Elk] in error, and to use such force as was necessary to accomplish the arrest, and that the plaintiff had no right to resist it. “At common law, if a party resisted arrest by an officer without a warrant, and who had no right to arrest him, and if in the course of resistance the officer was killed, the offence of the party resisting arrest would be reduced from what would have been murder, if the officer had the right to arrest, to manslaughter.

Clearly, then, the Supreme Court recognized that our right to Liberty, Life and Pursuit of Happiness was protected by the Constitution, and the right to protect them was conveyed to us by virtue of the Ninth Amendment, or, at least, this was the way that it was. Today, however, we have seen the encroachment upon that right to the point that many are arrested at the whim of a law enforcement officer, and Liberty has been reduced to a mere word on our valueless currency.

It is important to understand the difference between a lawful arrest and a legal arrest. We are told that the government can do no wrong. The forces that went to Waco, Texas, on February 28, 1993, had full legal authority to do so, or, so said judge Walter Smith. There was no lawful authority for the warrants that were issued to the BATF. This was clear to students of the Constitution from all across the country, and has been understood by many more since that time. What constitutes a lawful (as opposed to legal) arrest is defined in the Fourth Amendment, to wit: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shah not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

“The right of the people to be secure in their persons”, is the protection of that Liberty we speak of. The specificity of describing the “persons,” he seized’ is another criteria. As was stated in Bad Elk, “at common law”, sets the criteria for those lawful arrests. At common law there must be an injured party. This aspect will be discussed in greater detail, later. Suffice it to say that for there to be a “capital, or otherwise infamous crime” there must also be an injured party. Basically, if the “crime” is a misdemeanor or a breach of contract, there can be no justification for arrest. If the “crime” is a felony, then you must consider whether the act resulted in the injury to a party, and whether that party initiated the complaint and subsequent warrant. A “violation” of the rules (statutes) does not meet these criteria, regardless of the wording of the rule. The words do not satisfy, the intent of the Founders, and the gift of the Founders is what we seek to restore. Punishing behavior that is not consistent with what the government believes to be “antisocial” subjects us to a morality established by government, not by the people. For all intents and purposes, if we allow government to establish moral values (rules of behavior) we have allowed government to establish a church state, although by a different set of words. This is not to say that moral rules are wrong, only that the Constitution did not empower the federal government to enact such laws.

Let us consider what has been made clear by the Founders and the Supreme Court. If an attempt is made to arrest you, there are two choices that you have. The first is to resist the arrest if it does not meet the criteria of the Constitution, as outlined above. The second, recourse, is to submit to the arrest. I will add, at this point, that the old adage that discretion is the better part of valor” comes in to play here. If the result of resisting arrest is going to, without question cause the death of the person to be arrested, or the deaths of friends or innocent bystanders in close proximity, then discretion becomes a necessary tool to the evaluation of what to do. On the other hand, we have learned from the experience in Waco, that discretion also plays a part in the actions of those who would usurp our Liberty. For fifty-one days the forces of evil were held at bay by those defenders of Liberty at Mt. Carmel Center. If a similar event were to occur, I think that those defenders would find a ready force assembling in their defense within hours of the initial assault.

We now know that the objective of government is to kill those who would resist their force and refuse to submit to their unlawful assertions of authority. This was made quite clear by the subsequent actions of government on April 19. It would seem, then, that, if resistance: to unlawful arrest could be maintained for even a few hours, and word gotten out, that the type of rally outside that we all wish we had conducted in Waco, would occur wherever that resistance became known. Even if, after initial resistance, arrests were made, the rally outside for the protection of all of our rights would surely come.

What is absolutely necessary for an unlawful arrest to garner support from the Patriot community is that every effort must be made to defend against that unlawful arrest. We might consider the circumstances of April 19, 1775, at Lexington and Concord to understand what is necessary. Had the colonists at Lexington and Concord not been willing to take the risk of opposing the force of the British, then they could not have expected the militias of the other colonies to muster and send their forces to the aid of those at Concord and Boston. Had the men at Concord simply thrown up their hands anti let the British take the guns and powder, then surely the militias would nor have participated in the beginning of our War for Independence. It was Imperative for those involved in the initial confrontation to place themselves in harms way to expect others to risk their lives in defense of the former When you are arrested

If, after due and proper resistance is made to arrest, and arrest becomes the outcome of the event, and you are the object of that arrest, it is desirable to have no identification on you. One of the first questions will be, are you ________?, or, “who are you? Now, we all know what Miranda means. “You have the right to remain silent. Anything that you say may be used against you in a court of law.” Well, if this is true, why should you even give your name? REMAIN SILENT, that is your right. If they have a problem with that, point out that they just read you Miranda and you believe them.

I have been arrested twice since going to Waco. The first arrest came when two Casselberry, Florida police officers came under warrant, without same, to my office. This was shortly after I had returned from Waco. They broke in the front door and had pistols aimed at my head. After informing me that I was under arrest, they allowed me to empty my pockets of anything I wished not to go to jail with me. I removed my wallet as well as some other things. I never admitted to being Gary Hunt, nor did I ever sign my name, until it was on the agreement to appear and was a condition of my release on bail. When I arrived at the jail, the remainder of my property was taken, even some of my clothing. An officer inventoried the objects taken and then offered me a copy of the inventory with the request, “sign here.” I replied that I would sign nothing. He Offered, “if you want your stuff back when you get out of here, you had better sign.” I responded, “You are stealing my property. You want me to sign to honor that theft. You gotta be kidding me.”

I was then taken to the booking area and asked to sit. I did. I was then asked my name, to which I responded, “I will answer no questions, nor will I sign anything.” They placed me in a holding cell and tried again a few hours later. After about three rounds of the same, I was finally booked without my signing or answering anything. I might add that if you were to sign the “fingerprint card” they would eventually write in the charges against you. By not signing, you never acknowledge the charges. I also made a point of stating that I was not volunteering my fingerprints willingly, I did not resist, nor did I cooperate. Discretion may keep your fingers and/or arm from being broken. Just hang limp, and let them “steal” your fingerprints without resistance. As a result of this “practice” on my part, I was not booked until nearly ten hours after I was arrested. Those that came to bail me out, that first evening, finally left to return the next day. I spent overnight in jail as a result of my actions. But I judged the experience to be well worth it. When I was released, I refused, again, to sign for the return of my property and only signed the appearance notice, “with explicit reservation” (similar to “without prejudice”).

I might add, at this point, that, as a result of having been in Waco during the siege, I considered very carefully whether I wanted to be arrested, or to resist. When the officers came in to the office, there was a pistol within inches of my right hand, and a loaded semiautomatic rifle within just two feet of my left hand. The issue, which I knew to be the “failure to appear” warrant, was not worth, nor worthy, of concern to the Patriot community. I had already participated in their court proceedings, even though under duress to do so. If resistance to arrest is offered, then the issue must be clear. That is to say, it should not be an issue that was provoked by your actions, or one that might properly be construed as a crime and of issue to be determined by a jury. If, for example, the issue is unknown to you, then an assumption can rightfully be made that there is no lawful cause for your arrest. If we are the government of this great nation, then surely we can be trusted to know when valid charges are pending against us. It seems rather safe to assume that if you have no knowledge of any crime with which you may be charged, the charges must be as scurrilous as the people who brought them against you in secrecy.

Regarding bail, do not use a bondsman if you are going to argue status. A bondsman is an “officer of the court,” just like the attorney. He is given extraordinary authority to arrest you, even in another state. His extension of the court’s authority is obvious. And by you participating with any officer of the court you admit, or submit, to jurisdiction.

The arrest just spoken of was the result of a “ticket” and subsequent “failure to appear” which was the cause for the warrant being issued. I had been charged with “driving without a license and no tags (license plates) on my motorcycle back in July, 1992. My appearance was to have been in March and I was in Waco. I had contacted the court to seek a continuance, but they refused to grant it. During my first appearance, and at all subsequent appearances, I always declare that I am there in my own person, that I am there by special appearance and under fear of bodily harm or even death. Although it makes little difference to those usurpers of authority, it is probably very important for your fellow patriots, as well as yourself, that you declare your position in all proceedings in their court.

Some thoughts about court

At the first appearance, or as nearly as possible there after, I read the following to the court and record (this was provided by Don Mitchum, Safford, Arizona), “Comes now the defendant who is sovereign Citizen, also a non-resident alien of the United States. I, Gary Hunt, take exception pursuant to Federal Rules of Civil Procedure, Rule 46, of the following:

“1. This courts venue over the defendant, I am a non-resident alien of the United States and a non-resident of the State of Florida, Therefore, both the State of Florida and the United States are foreign countries and their military tribunals have no venue over this defendant. Whereas, I take exception of same.

“2 The United States has assumed that they have given the defendant a title of nobility (debtor), The United States of America Constitution states that there will be no tides of nobility among the people of the fifty states. Whereas I rake exception of same.

“3. This is a court of martial law proper and is conducting this proceeding as a court of bankruptcy as evidenced by the display within the room used to convene said court of the American flag with a gold fringe or border added to three sides of said flag (See 34 Opinion Attorney General 483-485). Whereas I take exception of same.

“4. My appearance in this court is pursuant to my fear that this court may cause the Sheriffs of this county to inflict bodily harm or even death upon me for failure to appear’. Whereas Z take exception of same. I, Gary Hunt, am an American Citizen, non-government and thus not within the purview or venue jurisdiction of martial law within whose authority this court is conducting this proceeding. I, Gary Hunt, am a non-resident alien with respect to the venue/jurisdiction of the United States which is defined in the statutes as the District of Columbia, it’s territories, possessions (i.e. Guam, Puerto Rico, the Virgin Islands, Northern Marianna Islands, American Samoa),

Some might argue that use of the federal rules might submit you to jurisdiction. This point should be debated by those more qualified than I to determine its validity. The point to be made is that you understand that you are not subject to their jurisdiction, that you recognize that the United Slates is bankrupt, and operating it’s courts under maritime (bankruptcy, or, as a military tribunal) jurisdiction, that the flag displayed in the court is proof of said jurisdiction, and that you are not there because you want to be, rather under fear of force of arms.

In all subsequent appearances I assured the court that I needed no representation, and that I appeared under fear that the court might direct the Sheriff to inflict upon me bodily harm or even death, were I not to appear. The others statements are of record, this assurance that my relationship with the court has not changed is affirmed by the fear of force (duress).

During the second arrest, which occurred this past December shortly after I returned to Florida, I found that there is an easier way to avoid signing or saying anything. I was first arrested in Orange County, and transferred to Seminole County three days later. In Orange County it took eleven hours to process me because of my refusal to violate Miranda. When I was transferred to Seminole County I had to be booked all over again. I had thought, however, that there might be a better way. I explained to the booking officer that if I were to answer any of his questions, I might jeopardize my legal status and my case. I asked if he would please help me to avoid this jeopardy. If he would, I would tell him if he had a wrong answer, by one means or another. I also explained that signing anything would also create jeopardy to my case. By asking for his help, I found a cooperative officer and was able to be booked in a reasonable period of time.

Back to court – Never let an attorney be “provided” for you. Once you accept the benefit of a court appointed attorney, you have submitted to the jurisdiction of the court. This also extends to any attorney who comes in as an officer of the court on your behalf, even if retained by you. If an attorney, or any other counsel, does not “represent” you, but merely advises you, whether he be a bar attorney, or not, you have not submitted to jurisdiction. It is necessary that only you speak to the court and that any advice from the “counsel” should be directed only to you.

Also, if filing a motion, it is, I believe, in your best interest to not follow nor fight the rules of the court, for to do so might create the appearance of receiving a benefit of the court. The Aschwander doctrine holds that if you receive a benefit of an administrative agency, you have submitted to the jurisdiction thereof. If you file any motions with the court, make sure that a statement is contained somewhere in the document that says, “without submitting to jurisdiction.”

Is Habeas Corpus suspended?

On my final appearance (over two years after the initial offense), I followed a different course of action. Richard McDonald’s bulletin board (BBS – (818) nnn-nnn) had been a source of a lot of good information. I had downloaded a file some time before, and the evening before court I was going through a number of the files. One had information that resulted in my preparing the following statement to be presented to the court after the normal refusal of jurisdiction and notice of appearance under fear of injury or death.

First, object to the proceedings. Then, DEMAND Habeas Corpus, not by motion, petition or any other manner described in their rules, but orally. This can be accomplished by stating:

“I am the moving party today, and I am the plaintiff and I set forth a demand for Habeas Corpus for the record, I cannot find an injured party to summon for trial and J want an order for the Sheriff to bring the injured party before the court. I need an order from the court to tell the Sheriff to bring forth the injured party.

“If this charge is criminal then the injured party must present himself with a sworn statement of the injury.

“If the nature is civil, then the original contract to which I am alleged to be a party to and have violated must be brought forward”

During the hearing that lasted nearly twenty minutes, I was threatened with contempt at least five times. Every time I tried to DEMAND Habeas Corpus, the judge would threaten me with contempt. After fifteen minutes the judge had already set the date for jury trial, and was still trying to get me to submit to jurisdiction of the court. He said that if I chose to ‘represent myself that I had to answer some questions to prove my competence. I told him that I was not seeking to represent myself that I stood on my own behalf, but that if he wanted to ask me any questions, he could. If felt like answering I would. Finally, I made one more effort to complete the oration above. Although I had to raise my voice over his threats of contempt, I was finally able to complete the statement, or demand. The judge then attempted to continue on with his agenda, where I interrupted and asked, “Mr. Marblestone, are you suspending Habeas Corpus?” He seemed somewhat taken aback by this question. Within just a couple of seconds, he looked to the prosecutor and asked him to Nolle Prosse (not prosecute) the case. I walked out of court after over two years and over one hundred hours of court and/or jail time, finally relieved of the “yoke of justice”.

Now it is always difficult to know exactly why a case is won. I am convinced, however, that on this occasion, even though I had filed a motion for dismissal and a judicial notice based upon the true Thirteenth Amendment, that the actions of the judge indicate that he was unable to deal with an oral demand for Habeas Corpus.

Whatever course you choose to take, you are facing an enemy that will do all within his power (so long as he doesn’t flagrantly disregard his own rules) to “win” the case. There is no guarantee of justice, nor can we expect any change in the near future regarding justice. Remember, those in Waco, Texas who defended their Liberty in accordance with the laws of Texas and the decisions of the Supreme Court and who survived are spending up to forty years in prison. Perhaps resistance to unlawful authority is worthier of consideration than the alternative. We would not have the opportunity to resurrect the Constitution today if the Founders were not willing to put their lives on the line against the might of the British and fear of death.

“The perfection of liberty therefore, in a state of nature, is for every man to be free from any external force, and to perform such actions as in his own mind and conscience he judges to be rightest; which liberty no man can truly possess whose mind is enthralled by irregular and inordinate passions; since it is no great privilege to be free from external violence if the dictates ~ are controlled by a force within, which exerts itself above reason.

Samuel Adams

* * * * * * * * * * * * *

For the current status of the Habeas Corpus before the Supreme Court, see Habeas Corpus Suspended

Thought Crimes

Thought Crimes!

What have we come to?

Gary Hunt
March 30, 2010

 

The recent arrests of the members of the Hutaree Militia pose a perplexing dilemma for all of us.  Many have reacted; if they were going to do that, then they should go to prison.  Well, perhaps so.  After all, that comes under the heading of “law and order”, and though it does not come under the heading of “crime”, we have been conditioned to accept the conclusion that laws lead to order.  In addition, this, of course, leads to a well-ordered society.  In fact, it is the epitome of a well-ordered society.  Anybody who even thinks against the order established by the government, the Constitution notwithstanding, is guilty of a crime.

Now, many will contest that thinking is not applicable here.  They argue that they played out their scenario, in a practice run.  I don’t know if all of the facts are in, yet, though we will, most surely, hear the government side (only) of what has occurred, and we will see (have already seen) the rush to judgment.

Perhaps this points out the need to understand what real “law” and real “crime” really is.

From Webster’s 1828 Dictionary:

Crime, n.

1.  An act which violates a law, divine or human; an act which violates a rule of moral duty; an offense against the laws of right, prescribed by God or man, or against any rule of duty plainly implied in those laws.  A crime may consist in omission or neglect, as well as commission and transgression.  The commander of a fortress who suffers the enemy to take possession by neglect, is as really criminal, as one who voluntarily opens the gates without resistance.

But in a more common and restricted sense, a crime denotes an offense, or violation of public law, of a deeper and more atrocious nature; a public wrong; or a violation of the commands of God, and the offense against any law made to preserve the public rights; as treason, murder, robbery, theft, arson, &c.  The minor wrongs committed against individuals or private rights, are denominated trespasses, and the minor wrongs against public rights are called misdemeanors.  Crimes and Misdemeanors are punishable by indictment, information or public prosecution; trespasses or private injuries, at the suit of the individuals injured.  But, in many cases an act is considered both as a public offense and a trespass, and is punishable both by the public and the individual injured.

2.  Any great wickedness, inequity; wrong

And, if we extend our search to include Tort, we find:

Tort, n.   In Law, any wrong or injury.  Torts are injuries done to the person pr property of another, as trespass, assault, battery, defamation and the like.

Now, within the Constitution, we find the following, in reference to crime in Article III, Section 2, clause 3:

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed.

As you read the above descriptions and portion of the Constitution, you might note that “committed”, “act”, “wrong”, “injury”, and, “offense”, are used to denote that which is construed as a crime.

Yes, that’s it!  An action must be taken, it must be committed.  Conjecture is not used, even once, the describing what a crime is.

Let’s suppose that your neighbor sneaks over at night and chops down your rosebush.  You know he did it, but you cannot prove it.  You talk this over with a friend and discuss what you could do to stop it.  You agree that force is the most productive form of reason and that strong steps should be taken.  Based upon this discussion, you expound, even further on what to do.  Based upon that meeting, you go to the gun store, get a rifle, and intend to use it on your neighbor, if he chops down another rose bush.  Of course, this thought goes through your mind, and, you have even taken actions, thought they are, to this point, legal actions, to prepare for an illegal one.  The, one evening, you catch him chopping done your rosebush.  You grab your rifle, with the intent of blowing his brains out.  You point the rifle at him, and then your conscience takes over and you order him to remain and your wife to call the police.  Well, you had the intent, you may have been voiced your intentions, you acted, you went to the scene, but, at the last minute, you did not “do the deed”.  Have you committed a crime?

Now, in the present state of our country, people yell “foul” and “treason” in their condemnation of the government’s actions regarding taxes, healthcare, war, executive orders, and all manner of evils, most of which are, without a doubt, violations of the Constitution as we perceive them.  Well, Treason, and, perhaps, violation of their oaths, when the consequences are as severe as the will be on our posterity, are, without a doubt, crimes that we, as jurors, might perceive as attaining the necessity of capital punishment.  Yet, we simply yell and shout.

However, when a group of people plans for an eventuality that we all see as well within the range of possibility, we are quick to side with that government, regardless of whether a real crime has been committed, or, for that matter, even planned — as the government suggests.  Was it to be carried out, or was it a plan that required some outside circumstance to initiate action?  In addition, even if it was planned, without outside influence, is it a crime unless committed?

If you wish to propose that playing the plan out, in practice, is an act that should be considered a crime, just why Hollywood would be exempt from such allegations.  They play out crimes against government, crimes against people, and even crime against non-existent entities.  In so doing, they play, the refine, they play out, each of which is a training tool for us in the real world.  Well, that is for entertainment, but, once we see it, does the idea, the concept presented, every really leave out heads?

Ironically, there used to be both laws and standards that prohibited much of what you see on television and in movies, today.  At the same time, we have seen federal authority flex its usurped power and make a crime of something that was beyond the conception of criminal, when our Constitution was written.

So, just how does this serve the government?

Let’s revisit the past.  In 1972, eight Vietnam Veterans were charged with conspiracy to disrupt the Republican Convention.  Another veteran, Bill Lemmer, was an undercover agent for the government.  He encouraged the group to expand their thought process and think of more violent means to achieve their objective.  In trial, the fact that the defendants were Vietnam Veterans and were accustomed to violence, was an element of the prosecution’s case, though the fact that Lemmer played such a significant role lead the jury to acquit.  The trial broke most of the defendants, and they had spent months in jail awaiting trial.  The government, which encouraged, acted out, conspired (both within the group and in the FBI offices), and even provided some illegal materials to the group, was not indicted, nor did the stand trial.

Years later, in the nineties, the Viper Militia in Phoenix, Arizona, and the West Virginia Militia were infiltrated by government agents.  The laws had been refined, and the fact that in both cases, informants were provocateurs and provided both material and planning, was inconsequential.  Convictions were obtained by the government, except, of course, the conviction of the informants, and, those who conspired with them.

For an understanding of how some informants are “recruited by the government, you might wish to read “Informants Amongst Us?”

The government, then, by changing the nature of what is considered a crime, and, by influencing those who might pose a greater threat to their usurpations than others to step over that fine line, even though encouraged by those who will not be charged, serves quite well in reducing those who might act, someday, against the government, and, at the same time, garner sympathy for those who have the same goals, though by different means, of restoring the Constitution, from going anywhere beyond the ballot box.

And, the most damning aspect of this whole practice (law?) is that it presumes that which cannot be proven — that a crime will be committed.  Unfortunately, though adhered to by the Founders, only when the damage has been done can a crime have been committed.

If we allow anything beyond that simple fact, we have submitted to domination by government, albeit through very divisive means, the subordination of our rights, principles and our Constitution, to the whim of those in power.

Informants Amongst Us?

Informants Amongst Us?

 Gary Hunt
Outpost of freedom
May 8, 1995

The testimony in the Randy Weaver/Kevin Harris trial made clear that Randy had been induced into a crime with the intention of getting Randy to become an informant for the government.  While I was up in Idaho, I spoke with some people that suggested that nearly half of Richard Butler’s Aryan Nation Church were informants.  Others have suggested that when the old Posse Comitatus broke up, that most of their members had become informants.  Accusations have abounded these past few years as to who is a government agent or informant.  It was painfully clear that the government has means, other than agents, to accomplish infiltration, entrapment, and promulgation of misinformation throughout the Patriot community.  The question is, how can they achieve this goal?  I’ve been looking for an answer to that question for years, now.  Finally, thanks to the government’s efforts to accomplish that very goal with a true patriot, and friend, I’ve found the answer.

I have, in front of me, a Plea Agreement for that friend.  The deadline has passed, and he is scheduled before a federal Grand Jury later this month.  The Agreement is about as contemptuous a document as I have ever read.  I will get into the details, but, first, some background.  Although the friend was arrested, and held for a few days, until released on his own recognizance, there have yet to be any charges filed against him.  There were charges in the arrest affidavit, however they had not been filed with the court, and we can find no record that there EVER were any charges filed.  After a while, the United States Attorney submitted the Plea Agreement, and followed with a letter threatening to withdraw the Agreement if it was not accepted by a certain date.  That date has come and gone, and I am free to release the information, except the name of the patriot involved.  This particular Agreement refers to an IRS code violation, but, keep in mind, agreements could be submitted for nearly any charge.

The Agreement, first, sets out the charge that will be sought.  In this case, a violation of 26 USC 1212(a).  The maximum penalties (3 years in prison and $250,000 fine) are set out.  Then, a waiver of indictment gave up that Constitutionally protected right.  Then comes the USG’s agreement to not go after the Defendants wife or company, but only if the Agreement is accepted.  If no adverse information is received, the USG will not oppose the Defendant’s request for a “two level downward” adjustment from maximum sentencing guidelines.  Whether the Court accepts the Agreement, or not, the Defendant, once he signs the Agreement, is bound to its conditions.  If accepted, the Defendant agrees to cooperate and testify against “other persons“.  The USG will decide if the cooperation and/or testimony qualifies as “substantial assistance”.  If that “substantial assistance” is deemed worthy by the USG, prior to sentencing, the USG will, recommend the two level downward adjustment.  “[T]he determination as to whether ‘substantial assistance’ has been provided rests solely with the government, and the defendant agrees that defendant cannot and will not challenge that decision whether by appeal, collateral attack or otherwise.”

As the Agreement continues, speedy trial is waived, as are any other rights allegedly protected by the government/Constitution.  The bottom line — anybody who accepts such a plea agreement has become an informant, perhaps for the rest of his life.  Leaving the determination of “substantial assistance” on the USG leaves a means for the government to induce unethical, immoral, and illegal behavior of the defendant.  In order to satisfy the requirements, it would be easy for the government to suggest that more information (falsified, or not) needed to be provided to satisfy the provision.  Perhaps disseminating information that was meant to discredit someone, mislead people or just generally create confusion and disorder would satisfy the government’s requirement for “substantial assistance”.  It might even be possible for someone to entrap his friends, once the leverage was created by the Agreement.

Why would anyone agree to such an Agreement?  Let’s think about it.  First, to protect your spouse and family, there is a certain amount of pressure to agree.  If you own a business, or any property (asset forfeiture), fear of its loss may be added to the influence.  Finally, any bar attorney would probably seek a minimum retainer of $25,000 to defend a case such as this.

Just try to imagine yourself in such a situation.  Idealistically, we can all say, “No, I wouldn’t sign it.”  Nevertheless, realistically, the stakes are very, very high, and it probably would not be difficult to succumb.  How many people that we know may have succumbed, already?

When you think of the power the government exerts over an individual with an Agreement of this nature, visions come to mind of “involuntary servitude”.  As harmless, as first glance (and your attorney’s encouragement) might make it appear to be, it is a concept that is so evil on its face that it deserves to be equated with Hitler, Mussolini, Stalin, and Mao Tse Tung — not with America.

Is there anything that we can do to help someone caught in this evil web?  Only if they are willing to come clean, and seek help from their fellow patriots.  If we are to shake off this “secret police” tactic, we must be willing to stand by any who come out and admit to falling into a Plea Agreement trap.  Whatever assistance (substantial???) they may need to avoid prosecution is warranted.  When we consider the severity of events currently engulfing us, it might be worth considering ANY support necessary to remove the chains from those who have submitted.  There are two reasons for this necessity.  First, we need every good man that is available, and cannot hold such acts against him, if he is willing to come clean.  Second, and more important by far, is the fact that we need to rid ourselves of the stigma that is associated with the control asserted by government through these contemptible means.

A final thought, is much of the information that seems to permeate our communications, and subsequently proven inaccurate, an indication of the existence of these problems?  Look at information sources, and their past records of reliability with open and thorough consideration.  The reliability of information is more important now than ever before.  If someone’s record is blemished with information that has proven to be inaccurate, or predictions that have been proven untrue, perhaps a very cautious regard should be applied to information from those same sources in the future.

Finding Freedom Again

Finding Freedom Again

Gary Hunt
March 23, 2010

[Note: I wish to gratefully acknowledge the assistance provided by Trey Tasker in ordering the information contained herein in a manner much more conducive to the purpose of the article.. G.H.)

Freedom!  What a wonderful word.  It brings forth visions of flags, eagles, and other inspiring symbols, and it is something that we have heard, all of our lives.  However, can we tie it down?  Can we fully comprehend that which made so many, over nearly two and a half centuries, willing to lay down their lives to defend?

We have all watched as a newborn baby went through the first stages of life.  We watch him grow, every day of his life.  We look, again, at the child, after a few years, and realize that he has changed.  He no longer wears diapers, he walks quite well, speaks very good English, writes, sings, and so many other things.  During the course of the years, we have not noticed the subtle changes, daily occurring, that have moved this once helpless infant into, of all things, a grown man.

There is another side of life, as well.  We have watched our parents, since our infancy, and only occasionally do we take a moment to notice how they have grown old and feeble, their bodies slowly wasting away from the youth that we remember, and achieving the stature of the aged.

Only when we take the time to sit and contemplate, do we realize that, with the passage of time, things do change.  Those changes are gradual, and, nearly imperceptible, on a day-to-day basis.  However, they do occur, and, they do accumulate — eventually, to the point that they would be almost unrecognizable, except for minor characteristics that are simply vestiges of the past. 

As it is with aging, it is also the case with the erosion of our freedoms.  It is quite probable that our founding fathers would examine the circumstance of our freedoms today and conclude that we have, indeed, given them up, and that we are immersed too far in the trees to see the forest.

The remainder of this discussion offers numerous examples of ways in which our freedoms have been eroded with the passage of time.  Since we cannot regain what we fail to see as lost, it is my sincerest hope that this discussion provides the reader a sense of what has been lost so that we can commit ourselves to finding freedom again.

The Meaning of Freedom

Perhaps a dozen years ago, I asked my son, then a teenager at the time, what ‘freedom’ was.  He responded that it was the ‘freedom’ to go down to the convenience store, at any time, to hang out with his friends.

This is the same son who, many years ago, I promised to myself that I would seek a life for him that was as full of freedom as my juvenile years were.  However, somewhere, during the course of making a family, moving myself upward to my career, acquiring management skills, and, finally, operating my own business, I had lost sight of that promise that I had made to us both, for my son and to myself. 

Since that rude awakening, I have endeavored to deliver on that promise.  In fact, in the course of study of what happened to those freedoms that were so common in my youth, but have since become nearly as extinct as the dinosaurs, I learned not only that they had been lost, but also that there were many that were lost long before I was even born.

The foundation required for understanding freedom must first be put into the perspective of the proper role of government.

Government’s purpose is to provide such services that we could provide to ourselves, though, as a community, makes more sense to be provided by our government. These services, for example, would include roadways. There is no doubt that our own driveway is our responsibility — to be built and maintained at our own expense or effort. But, what of the roadway that connects our driveway to the other driveways of the community? It, obviously, should not be the responsibility of one, but rather, of those who benefit by its existence. So, the community builds and maintains the roadways that connect the driveways.

Now, each community would be isolated from other communities if there were not even more roadways connecting this community to the other communities. Beyond that, there are others areas and regions which need be connected, until there is  national network of roadways whereby one from any community is able to travel on roadways to any other home in any other community. Each higher level of government only necessary for the construction and maintenance of those roadways that are necessary to connect the roads of the next lower entity.

Though roads are used in this example, there are many other aspects which fall into such necessity. Commerce, for example, must be provided for, and controlled, only to the extent necessary to assure that goods which are not locally available can be made available to members of any of the communities within the nation. It is the availability, not the prohibition of, that the Founding Fathers addressed when they granted to authority to the national government to “regulate commerce”. This provision was never intended to restrict or prohibit the availability of goods from one part of the country to another, for, to do so would surely be a restriction of the rights of those who were denied access, where they were, to goods that were produced elsewhere.

Common Defense and Foreign Relations, too, are the responsibility of higher government, though they should not be a restriction on our freedoms, except to protect us, and our freedoms, from assault by foreign powers.

Fundamentally, when “We the People” created the national (and state’s) government, we granted to them what authority we had, individually and collectively, to perform duties, in that collective capacity, that we had every right to perform on our own. We could not give to government that which we did not possess ourselves, for we had not that to grant. Since we have no ability to create rights for others, they government, likewise, cannot create rights which would impinge upon those rights that we do possess. Once a “right” (or freedom) is given to one, such that it has the effect of a detriment to another, it cannot be classified as a right (or freedom) that could be granted by us, or by the government that we brought into being.

To understand Freedom, we must first understand what Freedom means, and which, if more than one definition is appropriate, is the one that those, so long ago, were first willing to give their lives for.

From Webster’s 1828 Dictionary, we find:

Freedom: The state of the exemption from the power or control of another; liberty; exemption from slavery, servitude or confinement.  Freedom is personal, civil, political, and religious.

Since “liberty” is included in the definition, here is what the same source provides for that term:

Liberty: freedom from restraint, in a general sense, and applicable to the body, or to the will or mind.  The body is at liberty, when not confined; the will or mind is at liberty, when not checked or controlled.  A man enjoys his liberty, when no physical force operates to restrain his actions or volitions.

Natural liberty, consists in the power of acting as one thinks fit, without any restraint or control, except from the laws of nature.  It is a state of exemption from the control of others, and from positive laws and the institutions of social life.  This liberty is abridged by the establishment of government.

Civil liberty, is the liberty of man in a state of society, or natural liberty, so far only abridged and restrained, as is necessary and expedient for the safety and interest of the society, state or nation.  A restraint of natural liberty, not necessary or expedient for the public, is tyranny or oppression.  Civil liberty is an exemption from the arbitrary will of others, which exemption is secured by established laws, which restrain every man from injuring or controlling another.  Hence the restraints of law are essential to civil liberty.

One other source worthy of inclusion is from Black’s Law Dictionary, 5th Edition:

Freedom: The state of being free; liberty; self-determination; absence of restraint; the opposite of slavery.

The power of acting, in the character of a moral personality, according to the dictates of the will, without other check, hindrance, or probation than such as may be imposed by a just and necessary law and the duties of social life.

The prevalence, in the government and constitution of a country, of such a system of laws and institutions as secure civil liberty to the individual citizen.

Here, again, “liberty” is made a part of the definition:

Liberty: freedoms; exemption from extraneous control.  Freedom from all restraints except such as are justly imposed by law.  Freedom from restraint, under conditions essential to the equal enjoyment of the same rights by others; freedom regulated by law.  The absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interest of the community.

The power of the will to follow the dictates of its unrestricted choice, and to direct the external facts of the individual without restraint, coercion, or control from other persons.”  See Booth v. Illinois, 184 US 425 (1902)

From these definitions, we can get an idea of what, in the past, was considered to be the inalienable right (freedom or liberty) that is protected by the Constitution.  In fact, it would appear that Freedom and Liberty are nearly synonymous, and will be used in that context throughout this discussion.

Now, the entire quotation from Booth v. Illinois:

[T]hat … liberty … ‘means, not only the right of the citizen to be free from the mere physical restraint of his person, as by incarceration, but the term is deemed to embrace the right of the citizen to be free in the enjoyment of all his faculties; to be free to use them in all lawful ways; to live and work where he will; to earn his livelihood by any lawful calling; to pursue any livelihood or avocation, and for that purpose to enter into all contracts which may be proper, necessary, and essential to his carrying out to a successful conclusion the purposes above mentioned.’

The effect of the decision was to overturn a law that had been passed, in the State of Illinois, which forbade options in the grain market.

Was a state law overturned in favor of the individual right to offer to buy, at a future date, grain, at a certain price?  Absolutely.  State law cannot deny rights, or liberties, of its citizens, even if enacted by the Legislature (this, too, would apply to federal legislation).

This decision clearly sets the distinction between what is “legal” and what is “lawful” The Court determined that though “legal” under Illinois’s laws, was “unlawful” in that it was a constraint upon the liberties of the people.

This leads us to another definition:

From Black’s Law Dictionary, 5th Edition

Lawful.  Legal; warranted or authorized by the law; having the qualifications prescribed by law; not contrary to or forbidden by the law.

The principal distinction between the terms “lawful” and “legal” is that the former contemplates the substance of law, the latter the form of law.  To say of an act that it is “lawful” implies that it is authorized, sanctioned, or at any rate not forbidden, by law.  To say that it is “legal” implies that it is done or performed in accordance with the forms and usages of law, or in a technical manner.  In this sense “illegal” approaches the meaning of “invalid.”  For example, a contract or will, executed without the required formalities, might be said to be invalid or illegal, but could not be described as unlawful.  Further, the word “lawful” more clearly implies an ethical content than does “legal.”  The latter goes no further than to denote compliance, with positive, technical, or formal rules; while the former usually imports a moral substance or ethical permissibility.  A further distinction is that the word “legal” is used as the synonym of “constructive,” which “lawful” is not.  Thus “legal fraud” is fraud implied or inferred by law, or made out by construction.  “Lawful fraud” would be a contradiction in terms.  Again, “legal” is used as the antithesis of “equitable.”  Thus, we speak of “legal assets,” “legal estate,” etc., but not of “lawful assets,” or “lawful estate.”  But there are some connections in which the two words are used as exact equivalents.  Thus, a “lawful” writ, warrant, or process is the same as a “legal” writ, warrant, or process.

As you proceed through the rest of this discussion, keep in mind that there is a subtle difference between “lawful”, being the substance of law; moral or ethical permissibility, and, “legal”, being the form of law; compliance, with positive, technical, or formal rules.  Consider whether laws (rules) have not been used to undermine the intentions of the Constitution (moral and ethical).

What it boils down to is “no harm, no foul”, or, probably more properly put, that there is no crime unless another party is injured.

How Checks and Balances Protect Freedom 

The Constitution was written very carefully, with checks and balances to prevent our freedoms from being eroded.  First, we will consider a freedom that was lost by a legal amendment to the Constitution and later was restored in two steps, first by the jury system and later by repeal of the amendment.  Second, we will consider an unlawful arrest and how the appeals process restored one man’s freedom.  Finally, we will review how our protections to unlawful arrest have eroded.

Suppose the government wanted to pass a law making a crime out of an activity that caused no direct harm to others.  Well, first, since that activity would be considered lawful, absent a law to the contrary, and, since the Constitution prohibits denial of those rights, or liberties, it would require a change in the Constitution.

This very situation has indeed occurred.  In 1919, and Amendment to the Constitution (18th Amendment – Prohibition), which  provided that “the manufacture, sale, or transportation of intoxicating liquors within, the importation thereof into, or the exportation thereof from the United States and all territory subject to the jurisdiction thereof for beverage purposes is hereby prohibited.”

This was the only means of imposing such a law on the people; however, if you will note, it does not apply to individual possession, which would be an extension of federal authority that acted on the people, themselves.  That would be beyond the accepted scope of federal authority.

States, however, bound by the Constitution, were obliged to allow the federal government to run, roughshod, over the states, and their citizens, in the federal effort to achieve a degree of social engineering (telling us what was acceptable, and, what was not acceptable), which contradicted the concepts of liberty before this time.

Until Prohibition, each county was able to determine what the will of its citizens was, and to pass moral laws that those citizens were desirous of having so that the community supported their collective morality.

So, what happened to Prohibition?  Well, fortunately, our system of government has many safeguards against abuse by the government.  Probably the most significant is the fact that juries are the final arbiters of the will of the people.  Their inherent right to judge both fact (what happened, based upon the evidence) and law (is this law one which we, the people, believe to be consistent with our will?) came in to play.  Many juries refused to convict those charged with violating laws enacted under the authority of the 18th Amendment.  As time went on, more and more juries followed this approach.  Finally, in 1933, the 18th Amendment was repealed by the ratification of the 21st Amendment to the Constitution.

One more noteworthy case warrants our consideration, if we are to understand what Liberty truly is.  That case evolved from an incident that occurred in 1899 [John Bad Elk v. US, 177 U.S. 529 (1900)], but, let us let the Court tell us what happened (emphasis, mine):

That John Bad Elk, “while out of doors, fired a couple of shots from his gun at or near the place where he resided.  Soon after the firing, one Captain Gleason, …asked him if he had done that shooting, and he said that he had; that ‘he had shot into the air for fun;’ to which Gleason responded by saying to him, ‘Come around to the office in a little while, and we will talk the matter over.’  Thereupon they separated.  As he [John Bad Elk] did not come to the office, Gleason, after waiting several days, gave verbal orders to three … policemen to go and arrest [John Bad Elk] … No reason for making the arrest was given, nor any charge made against him.  The policemen, one of whom was the deceased, went to the house where the [John Bad Elk] was stopping, and came back and reported to Gleason that he was not there, and they were then ordered to return and wait for him and to arrest him.  They returned to the house, but came back again and reported that the [John Bad Elk] said that he would go with them … in the morning; that it was too late to go with them that night.  Gleason then told them to watch him and see that he did not go away, and in the morning to [arrest him].

The policemen then again went back to the house where [John Bad Elk] was staying … He [John Bad Elk] went into the house, and one of their number followed him; found him smoking, and told him that they had come to take him to [arrest him].  [John Bad Elk] refused to go, and the policeman went outside.  Another of them then went into the house, and in a few minutes both he and [John Bad Elk] came out, and the latter saddled his horse and went over to the house of a friend, and they followed him.  It was getting dark when he came back to his mother’s house, still followed by them, and while following [John Bad Elk] to his house on this last occasion they were joined by others, so that when he went into the house there were four or five men standing about it.  In a short time [John Bad Elk] came out, and asked of those outside, ‘What are you here bothering me for?’  The deceased said: ‘Cousin, you are a policeman, and know what the rules and orders are.’  To [John Bad Elk] replied: ‘Yes; I know what the rules and orders are, but I told you I would go with you … in the morning.‘  Then, according to the evidence for the prosecution, [John Bad Elk], without further provocation, shot the deceased, who died within a few minutes.

There is an entire absence of any evidence of a complaint having been made before any magistrate or officer charging an offense against [John Bad Elk], and there is no proof that he had been guilty of any criminal offense, or that he had even violated any rule or … or that any warrant had been issued for his arrest.  On the contrary, Gleason swears that his orders to arrest [John Bad Elk] were not in writing, but given orally.  Indeed, it does not appear that Gleason had any authority even to entertain a complaint or to issue a warrant in any event.

At common law, if a party resisted arrest by an officer without warrant and who had no right to arrest him, and if in the course of that resistance the officer was killed, the offense of the party resisting arrest would be reduced from what would have been murder if the officer had had the right to arrest, to manslaughter.  What would be murder if the officer had the right to arrest might be reduced to manslaughter by the very fact that he had no such right.  So an officer, at common law, was not authorized to make an arrest without a warrant, for a mere misdemeanor not committed in his presence.

The Court further ruled that the error of the charge to the jury was material and prejudicial, saying:

…  And yet the charge presented [John Bad Elk] to the jury as one having no right to make any resistance to an arrest by these officers, although he had been guilty of no offense, and it gave the jury to understand that the officers, in making the attempt, had the right to use all necessary force to overcome any and all opposition that might be made to the arrest, even to the extent of killing the individual whom they desired to take into their custody.  Instead of saying that plaintiff in error had the right to use such force as was absolutely necessary to resist an attempted illegal arrest, the jury were informed that the policemen had the right to use all necessary force to arrest him, and that he had no right to resist.  He, of course, had no right to unnecessarily injure, much less to kill, his assailant; but where the officer is killed in the course of the disorder which naturally accompanies an attempted arrest that is resisted, the law looks with very different eyes upon the transaction, when the officer had the right to make the arrest, from what it does if the officer had no such right.  What might be murder in the first case might be nothing more than manslaughter in the other, or the facts might show that no offense had been committed.

Before I comment on the ramifications of this case, I would like to point to a Texas State Law (Texas Penal Code) which clearly supports this conclusion.  Texas, understanding what the rights to liberty were, enacted a law, which reads:

§9.3.1(C) The use of force to resist an arrest or search is justified:

(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer’s (or other person’s) use or attempted use of greater force than necessary.

So, clearly, both the Court, in the John Bad Elk case, and, the Texas Legislature, in the enactment of Section 9.3.1(C), realized that government could err — and, that we had an absolute RIGHT to protect both our property and our Liberty.

Perhaps this is demonstrative of Article V, Bill of Rights: “No person shall be held [arrested] to answer [go to court on the matter] for any capital [death penalty], or infamous [where sentence would be one year, or more, year in jail] crime, unless on presentment or indictment of a Grand Jury [made up of fellow citizens]…”

This also demonstrates that, as in the case of John Bad Elf, whether written (into law) or oral (judge’s instructions to the jury), if apparently “legal” still must also be “lawful”  And, is clearly set out in Texas Penal Code, which insists on the lawfulness of an arrest.

As shown above, in the past, we were not subject to immediate arrest, at the will of an officer.  Rather, only other citizens, performing their constitutional responsibility to sit as a Grand Jury, could authorize that arrest.

How does this comport with what we have been led to believe, today?  By various means, including, but not limited to, unlawful enactments, abuse of even presumed authority by law enforcement, arming of National Park Service, other agencies which have no reason to be armed, and, perhaps, with a high degree of participation of Hollywood, we have been led to believe that the police have an ultimate power, contrary to the supreme Court, to do whatever is necessary, even using force, or threat of force, to compel us to submit to what would appear to be unlawful (though, perhaps, legal) arrests — even to the point of killing unarmed people.

If we are to fully understand that our freedoms are not only in jeopardy, but we have been reduced to fright for even participating in a life that is alleged to be free.  This is best explained with a simple example:  Suppose you are driving down the street, and you know that you are not violating any laws.  Then, you notice that a police car has pulled in behind you, and is following you down the road.  What do you feel?  If you are like most of the people I have asked, their reaction is one of concern.  They will first look at their speedometer, then, start thinking, is there a light out on my car, or has my license plate fallen off?  Regardless, the significant emotion is one of impending consequences, unless and until the police car discontinues his course, following YOU down the street.

This is perhaps best described as a police state mentality.  It is not much different, though to a much lesser degree, than what was felt by those who lived in East Berlin, prior to the fall of the Berlin Wall.  It is, without a doubt, a feeling that should never even be experienced in a free country.

Incremental Erosion of Freedom

The ways in which our freedoms have been eroded over time are so numerous that there is no way to count them all.  For most of the remainder of this narrative, observations of eroded freedoms are grouped by the type of freedom being impinged – private activities, business activities, childhood activities, licensing of our rights, loss of the meaning of public, and corporate seizure of our rights.  At the end of this section, we will consider a true life example of the incrementalism that slowly bleeds our freedoms.

PRIVATE ACTIVITIES

It seems that the government has become the arbiter of how we buy and sell land, how we socialize, and how we raise our children.  How did this happen?

Private Contracts.  We will start with the right to dispose of our private property, in any way that we choose.  Historically, Covenants and Restrictions were, and continue to be, a part of the purchase of land.  In the past, they were the will of the seller, and were made, as he say most suitable, to create an environment that was conducive to the property.  The buyer, then, acknowledged, by purchasing the property, an agreement with the provisions of that contract (Covenants and Restrictions).  These might include no animals to be raised on the property; no abandoned vehicles to be stored on the property; only homes of over a defined square-footage may be constructed on the property; no property shall be resold to anyone other than the Caucasian race, etc.  These were binding, and they were enforceable, until around 1950.  Why?  Let’s look at Article I, Section 10, clause 1: “No State shall… pass any… Law impairing the Obligations of Contract”.  Our right to contract is, in fact, one of those freedoms.

Now, Covenants and Restrictions are, most often, required to contain certain provisions mandated by the government, rather than what the seller decides is most conducive to the property.  And, the race-related provision that was common to the older Covenants and Restrictions was deemed ‘unconstitutional’.  So, what stood for centuries is removed.  A right that you had, which would also be considered a right of association, was reduced to history, without a Constitutional Amendment to remove it.

Private Associations.  This encroachment of freedom has been expanded to affect your very right of association (with whom you please and without whom you don’t please) through private organizations and associations. The PGA Masters is a private association with private membership and engages in “invitation only” golf tournaments. The government has seen fit to enact laws and then intimidate the Masters to force them into opening their membership, effectively denying the members the right of association (a very basic freedom).

Whether you agree the right of association (race restrictions), you have to accept that it is a fundamental right. Though you may not think that those who wished to preserve those rights have the freedom to do so, any acceptance of the government’s authority to diminish, or remove, those freedoms is the authority, also, to begin removing your freedoms, when they can model them as unfair to someone else.  In order to put this in perspective, you need to understand that the Congressional Black Caucus (CBC), after all of these years, has still denied membership to Caucasian applicants.  What other freedoms do you cherish that may be unpopular with others?

Parenting.  Discipline was a matter for parents to deal dispense.  Spanking was a known detriment to many activities that we partook practiced, knowing that they were, not necessarily against the law, but against the rules laid down by those same parents.  Nobody was surprised when this corporal punishment was administered.  It was expected, if we were caught.  Society chose not to involve itself in the business of family and child rearing.  After all, the parents are, in God’s eyes, responsible for progeny.  And, I am sure that, as I reflect back, those who were subject to such discipline faired far better in life than those who were not, though there are many admirable exceptions.  The duty and the consequences were upon the parent, not the “village”.

Through legislation at both state and federal levels, the child is now free from discipline by the parents, though the parents are still held responsible for the actions of the child.  If the child manages to secure credit, the parent is responsible for the debt.  If the parent disciplines the child, the parent can be held legally accountable for such action.  If the child wants certain ‘medical’ procedures, then the child can secure such procedure, and the law does not even allow that the parent can be notified.  The parent’s rights have been abridged to “responsibility, without commensurate authority”.  And, in the long term, many parents will have to suffer over the product of their procreation, in some cases with anguish, and will have do so knowing that they had so little to do restrictions on the upbringing of their own child.

Another loss of freedom, regarding your children, is the concept the child belongs to the parents.  Regardless of whether you agree with how another person raises their child, or not, God left that part of procreation to the parents of the child.  The early history of this country demonstrates a respect for that relationship.  The “age of majority” was the point in life when a child was able to leave the care of his parents and move out into the world, on his own.  He was able to contract and was considered as much a part of society as any other person.  However, prior to that point in life, the parents were totally responsible for the actions of their child.

The Crime of Fraud.  Let us look at what used to be a crime and what is now an accepted and approved practice.  However, first, some definitions:

From Webster’s 1828 Dictionary:

Fraud n. : Deceit; deception; trick; artifice by which the right or interest of another is injured; a stratagem intended to obtain some undue advantage; and attempt to gain or the obtaining of an advantage over another by imposition or immoral means; particularly deception in contracts.  Or bargain and sale, either by stating falsehoods, or suppressing truth.

From Black’s Law Dictionary (5th Edition):

Fraud. An intentional perversion of the truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal tight.  A representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury.

What this means is that if I sell you something, and if I know that I cannot deliver, if you have created reliance upon that sale, and if you have even tendered payment for it, and if I fail to deliver, then I have committed a fraud.  This may be mitigated if I return your money, but it is still a crime.

So, if I sell you an airline ticket for a flight, at a specific time (or flight number), and to a specific destination, and take your money (credit card charge), then you should fully expect that I will deliver (especially, since the government has a degree of regulation through the FAA), as promised.  You, then, make plans based upon that reliance, though when you arrive to board, you find that all of the seats are taken, and you will not be able to achieve your goal of arriving at the destination in even close proximity to the time that you had planned. 

That constitutes what has always been regarded as a crime, though now, the airlines simply offer you another flight, or return your money.  They make no effort to offset any costs that you might incur because of their failure to provide what they had sold.  You have been deprived of your property, since your time is your property, and whether it is exchanged for money or set aside for pleasure, it is no less your property than your other physical possessions.  However, they have not committed a crime, and you have been the victim of a crime that was not committed.  This leaves you no legal remedy, which is a denial of justice as well as a loss of freedom.

BUSINESS ACTIVITY

Now that we have considered an example of fraud by a business that is somehow legal, it probably will not surprise you to learn business owners have been on the receiving end as well.

Who To Serve.  If many years ago you owned a business, you had every right to determine with whom you would, and, whom you would not, do business.  A very common sign of that same period read, “We Reserve the Right to Refuse Service to Anyone.”  That was the prerogative of the owner of the business, and had nothing to do with any authority granted to the federal or state government.  However, about the same time, the government decided that this, too, was unconstitutional on several fronts.  Who you do business with is now up to the state, not up to the owner who acquired the capital, provided the idea and the sweat, and made a functioning business, based upon the model that he had established, for himself.

Now, it might be understandable if the business was operated by a corporation, which is created by a grant from the state, and it would definitely be understandable in any government owned building, but, surely, it was never intended by the Constitution to allow that you, as the owner of the business, did not have the right to conduct the business, as you saw fit.  This “restriction” on the rights of an individual business owner, which they should have the right (freedom) to operate, as they see fit, has, after years of acceptance, been expanded even further.

Americans With Disabilities Act.  It was not enough restriction for the government to dictate clientele of the business, so they had to go one step further.  They had to find some way of you having to actually spend thousands to hundreds of thousands of dollars, because they said you had to so that people who have developed handicaps can have all for the rights that you have.  On top of that, they are, creatively, though not very practicably, ‘inventing’ new requirements for handicap access, every year.  The types of handicaps keep growing and the accommodations that are expected in the workplace are growing too.  The latest example of a “handicap” was an employee in Detroit who had a scent-sensitivity.  She asked her employer for an accommodation in her workspace, and after suing successfully, she was awarded $100,000.

Smoking Laws.  Not only has the government taken the freedom away from the business owner, with regard to refusing service, it has, also, gone to a greater extend to decide what activity, which for years was associated with that business, or, at least allowed by it.  For instance, government has mandated that smoking cannot be allowed in a restaurant, or a bar, or any other business that is open to the public, and even those businesses that are not open to the public.  They have decided that only they can determine, for the owner, the employees, and, the customer, that, whether they smoke, or not, or want to smoke, they can no longer do so in those locales where, for over two centuries, the Constitution recognized the freedom of that choice, by each of the parties involved.

They have taken this freedom in a rather deceptive manner.  It is easier to dispose of one’s freedom (rights) by a slight infringement, getting them used to, accepting the government’s authority, by less unreasonable imposition, e.g. separate designations for smoking areas and non-smoking areas.  After people have acquiesced, as a courtesy, they let their guards down.  Then, the government came in and said that there could be no smoking, period.  And, that freedom, to smoke where I choose, so long as the owner of the property has no objection, to one where the smokers is made into a criminal, while violating nobody’s rights in the process.

Second Chances.  Another aspect of the losses that have been incurred, with regard to our freedoms, is that of mobility and recovery, and, this also applies to children who have left the hearth and ventured out on their own.  In days past, as this country was growing from infancy to the greatest nation on earth, the mobility that was necessary to provide for that growth was accommodated by “room and board” facilities, and even people who would provide “room and board” in their own homes, for charge, or as just plain charity.  There were no laws restricting who could live under one’s own roof, and there were no health laws that required certified personnel and certified kitchens and equipment in order to feed those tenants.  This approach allowed someone new in town, someone who had gone through hard times and wished to get back on his feet, families, and those who had left their homes, to get a foothold and begin to build a life.  They did so by paying very reasonable rates for room and board, and paid daily, weekly, or even with additional work, or credit.  This would provide a means by which they could save for the future, eventually able to secure their own home, or, would provide a permanent and comfortable home for those who had no need for their own home.

Government, in their effort to care for us from cradle to coffin, decided that food could not be served in such facilities, and, in many places, even prohibited someone not of the family from living under the same roof.  Thus, someone living under the circumstances explained above is now placed in a position where he has must live somewhere else (or nowhere?) until he has secured first and last month’s rent, deposits for utilities, etc., usually amounting to thousands of dollars before he can have a place to live.  This government intrusion was created, under the guise of protecting us (though we know not from whom?).

CHILDHOOD ACTIVITIES

Let’s look at what it was like to be a child, or a teenager, just fifty years ago, when parents were our protectors, not the government.  Today, the government takes our freedom under the guise of keeping us safe from ourselves… how ridiculous.

I suppose that my fondest recollection is of water.  If there was water, we could play in it.  If it was deep enough, we could swim in it.  Often, if a neighbor was on vacation, that deep water was a swimming pool, usually enclosed by a privacy fence, though not secure, by any means.  If someone drowned, the rest of us were reminded of the dangers, a lesson was heeded, though this did nothing to discourage future escapades.  It was a different time with a different value system regarding who was responsible for our actions – WE WERE, not the government – even though we were children. 

Safer Cement.  We also put together plastic model airplanes, boats, cars, and, whatever else might find its way to the hobby store shelf.  The ‘glue’ of choice was “Plastic Model Cement”, which contained “toluene”.  It worked quite well, and it welded the parts together in such a way that the bond was probably stronger than the parts from which it was created.  In the meantime, some young people, who were not satisfied with getting into their parent’s liquor cabinet, or getting someone else to buy beer for them, found that putting the cement in a paper bag would, well, ‘weld’ their brains.  As a result (of the actions of a few — who probably deserved what they had wrought), the Plastic Model Cement makers were required to include additives in the cement.  The result was slower drying, far less bonding, and, consequently, the near destruction of a very useful, educational, and constructive hobby.  I know that I stopped making models, when the recipe for the cement changed to be barely functional.

Safer Bike Riding.  Bicycles are a boy’s best friend, well, at certain ages, anyway.  We knew our bicycles, inside and out.  We could change the tires, adjust the Bendix brakes, attach playing cards to make it sound like a motorcycle, when pedaled, and go anywhere, including roads, yards, fields, and even steep hills.  We had a hill that was fairly steep, behind our house.  On our side was the baseball field, which was a leveled area perhaps ten feet higher than the bottom of the gully.  We would tear down the hill, hit the gully, climb the short distance to the leveled ground, and fly into the air.  No insurance, no helmets or safety gear, no soft landing — and, occasionally, someone would fly over the handlebars and land in a heap, cut, bruised and dirty, or, worse yet, slide off of the seat and be jammed down on the bar between seat and handlebar post.  Even if any medical attention were warranted, it would be a mother’s sympathy, a washcloth and, perhaps, some Merthiolate and bandages.  Nobody ever considered that the blame lay elsewhere, nor was there any consideration of imposing laws, rules, or safety measures to assure that we would be protected against all of the evils of such an enterprise.

Safer Without Knives.  We also had knives.  Almost every boy had a pocketknife, either Cub Scout, Boy Scout or simply a pocketknife, most with blades at least three inches long.  Many of us also had sheath knives with blades six inches, or more, in length.  We could take them to school, though the sheath knives were frowned upon, and pull them out to show, or to use to cut something.  We were, after all, proud to be grown up enough to enjoy the sense of responsibility that came with such “adult activity”, and properly applied learning with regard to safety.  Who would have thought that our own children would be removed from school (suspended, or expelled) simply for possessing such on school property?

Safer Without Guns.  We also had guns.  It started with cap guns (“Bang, you’re dead!), then evolved to BB guns and pellet guns.  Whether lever action (spring loaded air compression), multiple pump (which could build rather substantial pressure), or, gas powered (CO2 cartridges), they were quite capable of causing injury, and of killing rodents and birds.  We learned to be both hunter (provider) and protector, by these exercises.

The next step was to a 22-caliber rifle.  These, of course, could have deadly consequences; however, we had, in the earlier stages, learned safety, and care in the use of guns.  To acquire the earlier choices, no requirements existed, except having the money to pay for the BB gun, or buy the BB’s and pellets.  The 22, however, required that you be eighteen years old to purchase, though most of us had one long before that age, for if our parents felt that we were old enough and mature enough, their blessing was the only requirement to possession of such an instrument of destruction.  Moreover, for the life of me, I cannot recall one instance, among the hundreds of those who enjoyed such luxuries, of any dangerous use, serious injury, or death, as a consequence thereof.

Safer Without Explosives.  Speaking of guns, both powder and dynamite were available, to those who needed them, prior to World War II, and, to some degree, afterwards.  Dynamite was commonly used to uproot trees, blast rocks and dig ponds in hard soil.  It was one of the most useful, and inexpensive, tools for those who worked the land.  Seldom were these tools misused by those of the time.  And, if they did misuse them, say, to rob a bank or open a safe, then they were guilty of robbery or theft, regardless of whether they used dynamite, or not.  Nor, did the restrictions of the use of dynamite curtail such activity.  The only suffering was by those who now had to resort to very expensive machinery to do what could have been done relatively inexpensively, before the restrictions.  However, as so many other useful objects, the majority must suffer because of the abuse of a few.

Safer Without Matches.  We used to go to the General Store and buy a package of book matches.  We would take a CO2 tube (cartridge for seltzer bottles and pellet guns) and drill the plug out of the small end.  The match heads would be torn off and packed into the entire tube.  Once filled, a pipe with the inside diameter of the outside of the tube would be secured as the “bazooka”.  One would hold the pipe and aim while the other would touch a lit match to the expose matched protruding from the tube.

One day, we heard of a neighbor that had been killed when the tube exploded and tore a gushing wound into the side of his neck.  Nobody was blamed, no new laws were passed, and many of us went to his funeral.  Life, after all, must end, but the pleasures of life will go on.  So, we fired a few “rocket” tubes, in memory of Danny Reagan.

Safer Without Hitchhiking.  Hitchhiking was a means of transportation for those under sixteen, and, for those who did not have a car.  Of course, the bus went to the same school that my thumb took me, but the thumb was far more fun, and, generally, much quicker in traversing the nine miles and numerous different roads that had to be followed to get to the High School.  During the summer, people and surfboards could travel great distances to find the best waves.  Never, however, was there any concern for safety, or a fear of someone wishing to harm us, as we travelled our merry way.  You see, those who might pose a threat to us were probably already in prison, for a very long time.  And, if not, were not willing to take the risk of joining their comrades in the “cross bar hotel”.

SEAT BELTS:  A LESSON IN INCREMENTALISM

In the sixties, the law required that seat belts be installed on the front seats of every passenger car.  This made little sense to us, so this required safety provision served, as far as we were concerned, only to add a few bucks to the cost of the car.  Life, after all, was as much about enjoying it as anything else.

So, let us use seatbelts as a means of understanding what effect the government intervention (social engineering) has had on us, and how it has resulted in much harm, along the way.

Seat belts were required to be installed, simply so that they would be available, if the occupants wanted to wear them.  Once the availability became more than a novelty, and were simply sat upon, the government decided to devise a means to force the use of them.  Simple gimmicks, such as contacts requiring that the seatbelt be latched before starting the car (cut-off systems) resulted in injury or death to some, while to others, they were merely an inconvenience, by-passed by leaving the seatbelt coupled, and sitting on it.  The injuries and deaths resulted when, in an emergency, the driver ran to the car, attempting to escape from a predator (rape or robbery), jumped in the car, inserted the key in the ignition, turned the key and found that the car would not start, because the seatbelts were not connected.  Having exerted the energy in attempting to escape by driving away, the doors were not yet locked, and the predator was able to gain access to the compromised victim.

Then came automatic restraint system.  Once you sat in the car and closed the door, a “runner” would drag the shoulder belt across a track in the door, gently wrapping you in the warm and comfortable arms of “auto-restraint”.  These, too, had drawbacks.  Apparently, some people were actually entangled in the restraints, or even choked to death by such systems.  So, we move on to the next endeavor to protect us from ourselves (and, to stand up against the ridicule that many of these efforts to force compliance had brought on).

Systems that were more passive were developed which flashed lights and sent irritating sounds into all ears on board, should a wary passenger fail to “buckle up”.  However, it was usually a rather simple task to reach under the seats and disconnect the wiring that sensed an occupant and initiated the cacophony.  After a multitude of attempts to outsmart the witty citizens of this country, who chose to do what they wanted, those same citizens finally succumbed, after many years, nay, generations, of indoctrination, to the acceptance of laws that will punish you financially, if you are caught failing to heed that which has been imposed for your own “protection”.  Though you must, if you consider the circumstance, wonder why the government is so concerned over your safety, when you are suppose to have the right to your own life, liberty and property.

LICENSING OF OUR RIGHTS

While we are delving into transportation, we might also look at the aviation industry.  Pilots, by the way, are not licensed, though you are licensed as a driver.  Why would that be?  If this is truly a free country, don’t I have a right to get around by the common mode of transportation, as have all who have come before me?  In this section, we will discuss how the government uses licensing to restrict our freedoms, and, to raise revenue for itself.

Here, we might want to revisit some definitions:

From Webster’s 1828 Dictionary, we find:

License n.:  Leave; permission; authority or liberty given to do or forebear any act.  a license may be verbal or written; when written.  The paper containing the authority is called a license.

License v. t.: 
1. To permit by authority; to remove legal restraint by grant of permission.
2. To authorize to act in a particular character.

Certificate n.:  In a general sense, a written testimony not sworn to; a declaration in writing, signed by the party, and intended to verify a fact.

From Black’s Law Dictionary, 5th Edition, we find:

License.  The permission by competent authority to do an act which, without such permission, would be illegal, a trespass, or a tort.

Certificate.  A written assurance, or official representation, that some act has been or has not been done, or some event occurred, or some legal formality has been complied with.

Now, forgive me for beginning with a question, but, why would a driver need a license when an airline pilot need only have a certificate?

Licensing Pilots.  If a pilot, (public or private) need only have a certificate to demonstrate that he has had the proper training and experience to “drive” airplanes, and then only have to retain “currency”: by flying so many hours, each year, to demonstrate maintained proficiency (no annual license required), then, why would someone who is only exercising his right to travel on the public roadways have his “right” subordinated to a “license” (permission to do what, without the license, would be illegal)?

I will leave you to ponder just why a “right” would be illegal if the government did not issue a “license”.

Licensing Cars.  When I was in high school, I had an accident.  I ran into the car in front of me, which had stopped for a stop sign.  I was at fault, without a doubt.  A cop was called and came to fill out an accident report.  The report recorded the fact that I was at fault (under the old form of mandatory auto insurance, not no-fault) for the accident, and so that the responsibility could be assigned to the proper party.  I did not receive a citation, fine, order for court appearance, or anything, except a copy of the accident report.  That was then …

Many years later, I had another accident.  I was in a strange city (Pittsburgh, Pennsylvania), and was trying to find an address.  I, inadvertently, turned the wrong way on a one-way street.  Coming the right way (in accordance with the Traffic Control Devices), was a garbage truck.  He didn’t hesitate to run into me, causing substantial damage to the car I was driving, but not to his massive truck.  Though he saw me, he chose not to attempt to avert the accident, through his own admission, however, that was inconsequential, since I had violated the rules of the road.  I received no citation for “driving the wrong way on a one way street”, for this instance, which would have made a minor offense, but interestingly the driver of the garbage truck received no citation for intentionally hitting my car.  This shows that the government objective is not always about protecting the citizens, as we might prefer to think.

Since then, it has occurred to me, many times, that, perhaps, it is not illegal to drive the wrong way on a one-way street, however, it is illegal (only to the extent of determination of fault) to have an accident while driving on a one-way street.  However, government has learned that there are substantial revenue resources in looking out for our safety (traffic fines) for violating those rules of the road.  Today, I would have received a citation, so the government could receive revenue.

Licensing Drugs.  Moving right along, let us look at medications and drugs.  Many years ago, when the Eighteenth Amendment to the Constitution (Prohibition) was ratified (1919), you could go to the local pharmacist, without a prescription from the doctor, and tell him what your ailments were.  He would then determine both what medication and what dosage you required, and provide them to you.  Pharmacists, then, and now, require the same amount of education and internship as do doctors.  They have, however, concentrated their study on medicine, its effects, etc., while the doctor prescribes new medications based upon information flyers, and, perhaps, gifts received from the manufacture of the drugs.  He is not, by a long shot, and expert on the medication, and, as time goes by, he is probably far less “current” on the drugs, side effects, dosages, etc., than the pharmacists — but he does have a bigger lobby in Congress.  Meanwhile, the pharmacist is denied information that might save your life, unless you give him the information you received from the doctor.  He is nothing more than a technician capable of reading a doctor’s handwriting and counting pills into a bottle.

Also, in the meantime, many of the drugs, herbs, and other medical remedies have been removed from the pharmacists’ shelves and reclassified as dangerous, denying us access, unless we pay our way into a prescription from a doctor, if that otherwise useful drug has not been completely outlawed.  In addition, the doctor is on a short string — not to provide too many painkillers, under penalty of having the FDA (Food and Drug Administration) remove his right to prescribe medicine (effectively barring him from practicing medicine under his state issued license).

This has pushed the people into resorting to other means to obtain both prescription and non-prescription drugs, by venturing to Canada or Mexican, the internet, or even the streets, to obtain what free people in a free country should be able to obtain without question.

What we must consider is that, in 1919, our right (freedom) to obtain drugs to treat ailments, and, yes, even for recreational purposes, was an unquestioned freedom.  Can there be any doubt that, if a Constitutional Amendment were required, not to give the authority to the government to outlaw a drug (alcohol), specifically, then the Constitution did not ever intend, nor did the Constitution allow, the extension of that authority to prohibit beyond one drug to cover impact any other drugs?

So, what happened to that freedom of choice — to address our own means of dealing with our own medical problems — which existed prior to and Amendment that was repealed just 14 years later (1933)?  As mentioned earlier, the repeal was a consequence of the jurors, in cases involving the laws passed in accordance with the Eighteenth Amendment, were asserting their rights (and responsibilities) as the final arbiter of any laws, by not convicting those charged with such crimes.  Eventually, the states caught up with the people and repealed that perversion of our freedoms known as Prohibition.

Have you noticed a pattern, yet?

There are some things that are banned, now, from our use.  They tend to be rather inexpensive, though cost is not, of necessity, a factor on their significance in our lives.  Those items that have a value for the producer (medicine, health, transportation, etc.) tend not to be outlawed, rather, they tend to be controlled by the government, so as to yield a higher return for the manufacturers, or a revenue for government, or both.  Those “freedoms” we are allowed to keep, though they have an unreasonable costs associated with them.  Here is another example of licensing to produce revenue.

Licensing of Housing.  Many of the earliest homes were void of conveniences such as running water, inside plumbing and toilet facilities, and even glass windows.  In fact, if we look back to the days in which the western regions of the country first being peopled by Europeans, who had to contend with many obstacles to settle the land, they began by building homes of readily available materials.  As the western expansion began, they became even more creative in the use of readily available materials.  Probably the crudest, though in many ways, the most practical home in the western plains was the “Soddy”, a house built of dirt, rock and sod from the prairie grasses, and, perhaps, a bit of wood.  These were exceptionally well insulated, with built in heating and cooling, by virtue of the soil maintaining more stable temperatures, and moderating of extreme.  They were not required to obtain building permits and inspections.

Years ago, I rented a house that had been condemned.  The plumbing was not functional, most of the windows were broken out, and plaster was falling from some of the walls.  I replaced windows, plaster with sheetrock, repaired the plumbing, installed a new pump, and called the electric company to turn the power on.  A man from the power company came out and asked where the building permit an inspection records were.  I told him that I had none, and he explained that the power company, under their license, could not turn on the electricity absent approval by the County.

So, I called the County and explained that I needed an inspection so that I could get the power turned on.  A Building Inspector arrived at the property an asked if I had a building permit.  I told him that I did not, and then explained all that I had done, and showed him the electric box.  He walked through the entire house, inspected the box, and said, “Well, since this is not for commercial use, and will not be open to the public, I’ll sign off on it.”  He did, and I got my power turned on.

That was about forty years ago.  However, even then, it was possible to build (or rebuild) your house and get the blessings of the County so that you could live as you chose to.  That time has passed, however, and, in today’s world you can be required to tear down improvements, be fined, or even spend time in jail, if all is not done according to the dictates of the County (and the payment of certain fees).

Right of Restitution.  Another freedom that has been lost is the right to restitution, if a crime of injury or loss has been perpetrated against you.  In the past, if someone stole something from you, damaged your property, or caused an injury, and if that person were found guilty of the crime, then restitution — making you whole — was a part of the punishment meted out by the court (and jury).  This assured you that, if the guilty person were found, tried, and convicted, that then you suffered no loss, as a result of the crime.  Over time, the courts have developed a schedule of fines that enhance their own revenue, but the concept of restitution has been lost.  If you have not provided for insurance, then you will never be made whole.  Recovery from crimes against you is for you to deal with, on your own.  The court will collect their due, and then turn the criminal back on the streets to prey on others.

LOSS OF THE MEANING OF PUBLIC

Let’s now look at a word that has been used, before, in this discussion:

From Webster’s 1828 Dictionary:

Public n.: The general body of mankind or of a nation, state or community; the people, indefinitely.

Public a. :
1.  Pertaining to a nation, state or community; extending to a whole people; as a public law, which binds the people of a nation or state as opposed to a private statute or resolve which respects individuals or a corporation only.
3.  Open; notorious; exposed to all persons without restriction.
4.  Regarding a community; directed to the interests of a nation, state or community.
6.  Open to common use; as a public road.
7.  In general public expresses something common to mankind at large, to a nation, state, city or town, and is opposed to private, which denotes what belongs to an individual, to a family, to a company or corporation.

From Black’s Law Dictionary, fifth edition:

Public, n.  The whole body politic, or the aggregate of the citizens of a state, nation, or municipality.  The inhabitants of a state, county, or community.  In one sense, everybody, and accordingly the body of the people at large; the community at large, without reference to geographical limits of any corporation like a city, town, or county; the people.

Public a. : Pertaining to a state, nation, or whole community, proceeding from, relating to, or affecting the whole body of people or an entire community.  Open to all; notorious.  Common to all or many; general; open to common use, Belonging to the people at large; relating to affecting the whole people of a state, nation, or community; not limited or restricted to any particular class of the community.

Did you notice that the government was not once mentioned?  Well, if the government is not mentioned then a public building, a public roadway, a public park, public lands, or any other object defined as “public” does not belong to the government, rather, it belongs to “the body of the people at large“.  So, why is it that children are no longer able to camp (sleep out) on public land, or in a public park, when they were allowed to do so just fifty years ago?  Most states still allowed “open camping”, which meant that you could camp on any land owned by the people, collectively.  Can you imagine how many would have survived the Great Depression, as they moved west and sought jobs, if they had no recourse but to rent a room, or, well, is there even an alternative?  Why is it now that we are barred from public lands, except during certain hours, or with a certain permit, or, maybe, not at all?  Is this not a loss of our freedoms?

Speaking of public, let’s look at one of the mainstays of the inherent strength of this country — education.  Public schools date back to the sixteen hundreds, where the local community contributed both to build a schoolhouse and to hire an instructor.  The concept of the community being in charge of the schools was consistent with educating the students to become a betterment to the community.  “Ad valorem” (property) taxes were the means of funding, and the decisions of who to hire, what to build, the curriculum, which textbooks, etc., was left to the local school board — elected out from among the members of the community.  As time went on, state governments set standards, though they had little influence over other matters within the school.  The state involvement was directed at policy, not detail.

In 1953, the Department of Health, Education and Welfare (HEW) was created in the United States government.  Over time, local revenues were replaced with federal funds, and not only [policy, but detail, regarding the education of our children, was transferred to the national government.  School boards were relegated to little more than where to purchase what the HEW mandated.  Control over content, curriculum, etc., was no longer in the hands of the parents.  The freedom to choose what education your child received in his first 12 years of education was completely removed from your control, and the determination of the foundation for the rest of the child’s life was laid in the hands of the government.

In might be said that the government has stolen from us that which is, rightfully, ours — Public.

CORPORATE SEIZURE OF OUR RIGHTS

We cannot discuss freedom without touching on one of the principle enumerated freedoms, as defined in the Bill of Rights.  This most important freedom is “Freedom of the Press”.  Exactly what Freedom of the press is has become rather muddled, over the years.  The courts have construed it as the right to keep a source’s identity secret, under the argument that to not allow such secrecy jeopardizes the reporter’s ability to gather information for stories.  However, is it possible that Freedom of the Press, that the means by which we are informed, might have other, and, much more significant meaning?

Let’s look at two aspects of that freedom that are worthy of considerations:

“The FREEDOM OF THE PRESS hath, in consequence thereof, been esteemed one of its safeguards.  That freedom gives the right, at all times, to every citizen to lay his sentiments, in a decent manner, before the people, If he will take that trouble upon himself, whether they are on point or not, his countrymen are obliged to him for so doing; for, at least, they lead to an examination of the subject upon which he writes.”

“John DeWitt,” Essay III, Nov. 5, 1787

And, as was clearly understood, in those days in which this Freedom was so highly regarded, there were many newspapers, each privately owned, and each having its own political views.  Therefore, each side of the arguments of the day could be heard.

Unfortunately, the laws promulgated by the Congress have allowed a consolidation of news sources to the point that three syndicates control over 90% of the news that is unleashed upon us, each day.  Those syndicates dictate (though through very subtle means), what can and what cannot be heard, or read.  This defies both of the above examples of what freedom for the press was intended to afford us.  This Freedom, by which we were to be informed, has become a means by which we have become misinformed, and, yes, propagandized and indoctrinated to the messages that are controlled by just a few.

Conclusion

As Benjamin Franklin said on his Memoir (1818), “They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety“.  Moreover, we can see that the Congress, the government that was established to serve us, has determined to provide us the “safety” that they feel that we deserve — and, we have not objected.

However, as you can see in reading the above losses of freedom, there might well be other motives behind their actions.  They have become the source of redistribution of wealth and the grantors of economic favor.  And, they have done so at the expense of the Freedoms that so much blood has been shed to obtain and preserve.

Much like the process of aging, we have failed to notice these transgressions, though, if we simply stand back and observe, then it is quite evident that the loss of our freedoms, over decades, and even generations, has been a slow and meticulous process.  Whether by design, or by accident, it does not matter.  These lost freedoms (liberties) were enjoyed, well within the lifetime of many of us, but they are now gone.  Subordinated to the social engineering (and deprivation of freedom) that has been ongoing, in this country, for quite some time.  What truly matters, for ourselves and our posterity, is what we will do now that we are fully aware of the diminishment of that which was a gift from God, as well as our birthright.

Our opposition should be based upon principle, not upon comfort.  If this erosion of freedom makes you uncomfortable, that is a start, but it cannot stop there.  This travesty occurred because we were not outraged at the first loss of our freedom, the step that began the erosion.  If we were opposing government intrusions based on principle, rather than comfort, then the first lost of freedom would be the beacon to remind us that the next lost freedom might be our own favorite freedom. 

Do we owe any less to the task at hand as those who have come before us?  Their sacrifices were for their posterity, far more than for themselves, for they did not know just how much that they, individually, would lose in the process.  If the price of freedom is such that it is worthy of their commitment of their very lives, then can we expect no less of ourselves?  Or, has our complacency reduced us to simple beggars, begging for that which is rightfully ours, and unwilling to sacrifice our own safety to restore those freedoms, not only for ourselves, but, too, for our own posterity?

* * * * * * * * * * * * *

If someone wants to hurt my child, I care not what the reasons are; I care only about protecting that child, whatever the cost. 
If we ever are to prevail, we need that same clarity, borne of instinct, to protect that which cannot protect itself. 
Our constitution does not protect us, we protect it. 
Our liberties are not born in the Constitution, they are merely enshrined there.

E. Sutton

Download a PDF version of this article: Finding Freedom Again (PDF)

The End of the Revolution and the Beginning of Independence

[Note: PDF file of this article: The End of the Revolution and the Beginning of Independence (PDF)]

The End of the Revolution and the Beginning of Independence

Social Upheaval in Colonial America – 1774-1775
from Farmers to Patriots

Gary Hunt
Outpost of Freedom
February 2, 2010

John Adams to Jefferson

August 24, 1815.

“…As to the history of the revolution, my ideas may be peculiar, perhaps singular.  What do we mean by revolution?  The war?  That was no part of the revolution’ it was only an effect and consequence of it.  The revolution was in the minds of the people, and this was effected from 1760 to 1775, in the course of fifteen years, before a drop of blood was drawn at Lexington.  The records of the thirteen legislatures, the pamphlets, newspapers in all the colonies ought to be consulted during that period, to ascertain the steps by which the public opinion was enlightened and informed concerning the authority of parliament over the colonies”.

* * * * * * * * * * * * *

We most often define the Revolution as the War of Independence from rule by Great Britain.  We also suppose that the Revolution began with the British efforts to seize gunpowder and cannon from the stores at Concord, Massachusetts.  We also define the beginning of the Revolution as a battle that ensued when the British were resisted in their attempt to secure those guns and powder.

From a political standpoint, we look at the Stamp Act, Tea Tax, and the Massachusetts Port Act as the elements that provoked the actions at Lexington and Concord, on April 19, 1775.

There were, however, a number of events, both political and rebellious, that predate the battle on Lexington Green.  These events fall well within the period that John Adams defines as the Revolution — that period in which the public was “enlightened and informed concerning the authority of parliament over the colonies”.

The Political Environment

Let us look at some of the forgotten events that were, for all intents and purposes, the end of the Revolution, and, the precursor to the War of Independence.

Though it took many weeks to arrive in the Colonies, the Massachusetts Port Act was approved by the parliament on March 31, 1774.  “[A]n act to discontinue, in such manner, and for such time as are therein mentioned, the landing and discharging, loading or shipping, of goods, wares, and merchandise, at the town, and within the harbor, of Boston, in the province of Massachusetts Bay, in North America.” The act, essentially, embargoed Boston and restricted that necessary flow of goods to that city.  It also included housing and feeding 3000 British soldiers, which increased the demand on available goods.

Seldom mentioned, however, was the Massachusetts Governments Act (see Appendix), approved by parliament nearly two months later, on May 20, 1774.

This legislation was described as, “an act for the better regulating the governments of the province of the Massachusetts Bay, in New England“.  This act had a devastating effect on the existing governments in the Massachusetts colony.  It removed the selection of the governor from the general courts or assemblies of the colony and vested that authority in the Crown.  It further provided that all counselors, judges, commissioners, the attorney general, provosts, marshals, and justices of the peace, would be appointed by the Governor and approved by his Majesty.  The final indignation came when the act required that all agenda items from town meetings had to have approval of the royal Governor, and that only the annual town meetings, in March and May, may be held, without permission of the Governor.  Business as usual was no longer an option.

The impact of this second act, the Massachusetts Government Act, was felt more severely in the rural communities outside of Boston.  The people of Boston were preoccupied with the occupation by the British troops, and though their governments had been suspended, their concerns were other than those of the farmers.

Suddenly, these small communities were unable to conduct the business of keeping their government functioning.

Within the small communities, there were those with wealth and family.  These “crafty” men managed to hold the more powerful positions in the communities.  Whether merchants or lenders, there were many who owed them for goods, services, or money.

Increases in taxes, because of the French – Indian wars, had reduced the available amounts of money to almost nonexistent — making it impossible to repay their obligations.

Those who had wealth and power tended to be “Tories” and loyal to the crown.  They were also influential in the judicial system, which often seized property, livestock, or land, in repayment of debts.

Therefore, in 1773, committees were forming throughout the countryside.  By December 1773, when news of the Boston tea party had reached the country, committees began communicating in earnest.

The town of Worcester, in Worcester County, issued a resolve, stating, in part:

to have these who are to judge, and Determin, on our lives, property, paid by a foreign State, immediately Destroy the national dependence which ought to Subsist between a people, and their officers, and of consequence, destructive of liberty; For which reason, we are of the opinion, that we are not in the least bound in duty to Submit, to the ordering in Determining of Such officers as not dependent on the Grants of this people for their pay.

This resolution outraged local Tories.

A local blacksmith, Timothy Bigelow, was elected leader of the Town Council, for the first time displacing the wealth and power that had ruled before.

The superior court was scheduled to open on April 19, 1774.  Four of the five superior court judges had already refused “the bribe offered them by the crown”, leaving only one judge to serve on the court.

Just a month before, the Massachusetts house of representatives had impeached Chief Justice Peter Oliver.  Before the council could try Oliver, Governor Thomas Hutchinson dissolved the general court.  The impeachment was not completed.

Oliver was scheduled at the April 19 Worcester County superior court, however, the Whigs refused to serve as grand jurors — effectively nullifying the court.  Oliver, wisely, refused to appear at Worcester County – for fear of his life.

The Tory faction recorded the “Redmond Dissent” of the recent Whig activities.  Only 52 of the nearly 250 eligible voters in Worcester County signed this dissent.  Clearly, the Whigs were gaining control.

In May 1774, word of the Boston Port Act arrived in the Colonies.  Along with the act came a newly appointed a Royal Governor, General Thomas Gage.  Essentially, this was the end of civil government in Massachusetts.  During the next 11 months, many changes were going to occur in Massachusetts.

John Adams, reflecting the mood of the countryside, while staying at a Shrewsbury inn, recorded an indication of things to come:

[A]s I was cold and wet, I sat down to the good fire in the bar room to dry great coat and saddlebags tell a fire could be made in my chamber.  Their presently came in, one after another, half a dozen, or half the score, substantial yeoman of the neighborhood, who, sitting down to the fire after lighting their pipes, began a lively conversation upon politics.  As I believed I was unknown to all of them, I sat in total silence to hear them.

One said, “The people of Boston are distracted!”

Another answered, “No wonder the people of Boston are distracted.  Oppression will make wise men mad.”

A third said, “what would you say, if a fellow should come to your house and tell you he has come to take a list of your cattle, that parliament might tax you for them at so much ahead?  And how should you feel, if he was to go and break open your barn, to take down your oxen, cows, horses, and sheep?”

“What I should say,” replied the first;” I would knock him in the head.”

” Well,” said a fourth, “if parliament can take away Mr. Hancock’s wharf and Mr. Rowe’s wharf, they can take away your barn and my house”.

After much more reasoning in this style, a fifth, who had as yet been silent, broke out, “Well, it is high time for us to rebel; we must rebel some time or other, and we had better rebel now than at any time to come.  If we put off for 10 or 20 years, and let them go on as they have begun, they will get a strong party among us, and plague us a great deal more than they can now.”

On June 6, 1774, the Massachusetts Government Act was published in the Boston Gazette.  From this point on, nearly every position of competence, within any level of government, would be subject to appointment by the royal governor.  Even agenda items for town meetings were subject to his approval.  Except in Boston, only town council members would be elected by the people.

On August 6, 1774, the Massachusetts Government Act went into effect.  The king had selected 36 men to sit on the council –“mandamus counselors” –of which only three had been elected to the council by the people.  The crown was repudiating the electoral process established by the 1691 charter.

On Sunday, August 7, General Gage, ignoring the Sabbath, sent messages to the newly appointed counselors and summoned them to Salem the following morning.  Only 11 of the 36 showed up to take their oaths on Monday.  Of the remainder, three accepted their appointments but were not sworn in, two declined their appointments, and the remaining four chose to “take time to consider of it”.  The remainder, living at a distance from Salem, could not be notified in time.

On August 9, 1774, 52 men from 22 towns in the county met at Mary Stearns’ tavern in Worcester to establish a committee.

Among the resolutions written and adopted that day, we find the following:

Resolved, That we bear all true allegiance to his majesty King George the third, and that we will, to the utmost of our power, defend his person, crown, and dignity, but at the same time, we disclaim any jurisdiction in the commons of Great Britain over his majesty’s subjects in America.

Resolved, that an attempt to vacate said charter [1691 Massachusetts Charter], by either party, without the consent of the other, has a tendency to dissolve the union between Great Britain and this province, to destroy the allegiance we owed to the king, and to set aside the sacred obligations he is under to his subjects here.

Resolved, that it is the indisputable duty of every American, and more especially in this province, to unite in every virtuous opposition that can be devised, in order to save ourselves and posterity from inevitable ruin.

Voted, that we most earnestly recommend it to the several towns in this county, (and if it should not be thought to arrogant,) to every town in the province, to meet and adopt some wise, prudent, and spirited measures, in order to prevent the execution of those most alarming acts of parliament, respecting our constitution.

The Social Upheaval

Berkshire County, Massachusetts – August 16, 1774

The Inferior Court of Common Pleas for a Berkshire County was scheduled to meet on August 16, 1774, in Great Barrington.  Great Barrington was a three-day ride from Boston, and the suits are the first to be heard by officials appointed under the Massachusetts Government Act.

In opposition to the Whigs, local Tories, including several justices of the peace and the county sheriff, had tried to prevent a meeting of the Whigs.  In that meeting, the local Whigs had developed a “Solemn League and Covenant”.  The Covenant provided that any trader or shop-keeper in the county would have only 48 hours to sign the agreement, if he wanted to avoid a boycott of his store.

On July 16, David Ingersoll, the most outspoken of the Tories, and leader of an effort to stop the solicitation of signatures for the Covenant, was kidnapped, along with his servants, and taken across the Connecticut border to Canaan, Connecticut.  There, he was accused of crimes, including his support for the Massachusetts Government Act and opposition to the Berkshire Covenant.  Though he refused to sign an oath that the Whigs had prepared, he did prepare and sign a statement, in good faith.  Though no bodily damage was inflicted, Ingersoll was covered with grease (“for want of tar”) and feathers, put down an empty well, and kept there overnight.

Meanwhile, the Whigs sent a letter, dated July 25, from their Committee to the Boston Committee, explaining that, “[W]e are persuaded that no business can be transacted at said court [meaning the August 16 opening].  We expect to get it adjourned unless we should hear from you.  We thought it highly expedient to know your Thoughts on so interesting an Occasion.”

On July 31, the Boston committee responded: “We acknowledge ourselves deeply indebted to your wisdom…  Nothing in our opinion could be better concerted then the measures come by your County to prevent the Courts sitting.”

On August 15, the Berkshire committee prepared a petition, to wit:

To the Honorable His Majesty’s Justices of the Inferior Court of Common Pleas for the County of Berkshire:

…  We view it of the greatest importance to the well-being of this Province, that the people of it utterly refuse the least submission to the said acts, and on no consideration to yield obedience to them; or directly or indirectly to countenance the taking place of those acts amongst us, but resist them to the last extremity.

In order in the safest manner to avoid this threatening calamity, it is, in our opinion, highly necessary that no business be transacted in the law, but that the courts of justice immediately cease, and the people of this Province fall into a state of nature until our grievances are fully redressed by a final repeal of those injurious, oppressive, and unconstitutional acts…  We do therefore remonstrate against the holding any courts in this county until those acts shall be repealed; and we hope your honors will not be of a different opinion from the good people in this county.

Early on the morning of August 16, 1774, as the judges were powdering their wigs and preparing to open the courts, they found that 1500 unarmed men had “filled the Court-House and Avenues to the Seat of Justice, so full, that no Passage could be found for the Justices to take their places.  The Sheriff commanded them to make way for the courts; but they gave him to understand that they knew no court on any other establishment than the ancient laws and usages of their country, & to none other would they submit or give way on any terms.”

The Court did not open, and would never open, again, under British rule.

David Ingersoll “repaired to the Wilderness” to spend the night.  Meanwhile, his house and office were broken into and “his Yard fences, his Garden … House, papers, &c.” were badly damaged.”

Berkshire was the first county to close its courts.

Meanwhile, on August 16, Thomas Gage had boasted that he had gotten twenty-four of the thirty-six “mandamus counselors” signed on.  This was, however, soon to change.

Taunton, Massachusetts – August 22, 1774

Daniel Leonard, one of the “mandamus counselors”, returned to Taunton on August 20.  “[U]pwards of 2000 men met on the green in that town, and but for the expostulations of Leonard’s father (who disapproved of his son’s being a counselor, and promised to use his influence with them that he should resign) would have pulled his house down.”

In a letter to Governor Gage, Leonard explained what had occurred:

On Sunday noon I received intelligence that the People were much exasperated at me, and the Town of Taunton, with the neighboring towns, were to assemble the next day to deal with me (that was the expression) for accepting a Seat at the Board, that it was expected that they would begin with remonstrances and entreaty, and if that proved sufficient to obtain an engagement on my part to resign my Seat, all would be well, if not, that a number had determined to precede to violence.  Such was the intelligence I received and could depend on.  Many things rendered impractical for me to make any resistance in my own house, one of which I beg leave to mention, the situation of my wife, who was pregnant.

I accordingly came as far as Stoughton that date, and the next to Boston, supposing that the People would disperse without giving my family any trouble, when it should be known that I was absent.  But I was mistaken: on the next day which was the 22d Instant, about five hundred persons assembled, many of them Freeholders and some of them Officers in the Militia, and formed themselves into a battalion before my house; they had then no Fire-arms, but generally had clubs.  Some of the principal persons came to my house with a message that the people were much incensed at my accepting the Seat at the Board, and begged I would resign it.  Upon being informed I was not at home, they returned to the main Body, who dispersed before night, after having been treated with rum by their Principals.

My family supposing all would remain quiet, went to bed at their usual hour; at 11:00 o’Clock in the evening a Party fired upon the house with small arms and run off; how many they consisted of is uncertain, I suppose not many; four bullets and some Swan-shot entered the house at the windows, part in a lower room and part in the chamber above, where one Capt. Job Williams lodged…

Capt. Williams at whom the firing seems to have directed, was the person that furnished me with the intelligence that the people were to assemble, and to pull down and tore in pieces a written notification that was fixed on the Meeting House for the People to assemble; wherefore I conclude it probable that the attack upon the house was principally designed for him.  However that may be, my family were exposed by it, and I have received repeated advices from my friends at Taunton, since I arrived at Boston, that my life will be in danger if I return.

Leonard remained on the Council, and in Boston.

Hardwick, Massachusetts – August 26, 1774

Timothy Ruggles, another “mandamus counselor”, was accepted into the court on August 16.  On his way to Boston, he had to bypass Worcester, where “a Number of People collected… to stop him.”

On August 19, Daniel Oliver, the justice of the peace in Hardwick, wrote to Ruggles, “There are those here, who I am satisfied thirst for your blood, and they have influence enough over the others to put them up to spilling it”.  Ruggles, instead of going directly home, went to Dartmouth.

On August 25, the Boston evening post published the following letter:

We hear that a Brigadier Ruggles, one of the new made Counselors, being at Col. Toby’s at Dartmouth, the People assembled there one Day this Week, and ordered him to depart forthwith; upon which the Colonel promised them he would go the next Morning by Sun an Hour high; but before that time the Brigadier’s Horse had his mane and tail cut off, and his body painted all over.

There were also reports from Hardwick that a crowd of 2000 to 3000 was expected to assemble to force the resignation of the local sheriff, and, “such is the Spirit of this County – -they seem to be quite awake, and to have awoke in a passion.  It is more dangerous being a Tory here than in Boston, even if no troops were there.”

Lancaster, Massachusetts – August 25, 1774

Abijah Willard, an accepted counselor from Lancaster, instead of going home from Boston, went to Union, Connecticut.  The patriots in Union captured Willard, made him spend a night in jail, and then returned him to Brimfield, Massachusetts, where he was placed in the hands of 400 patriots.  According to accounts, the local patriots ” called a council of themselves, and Condemned Colonel Willard to Newgate Prison, in Symsbury; and a number set off and carried him six miles on the way thither.  Colonel Willard then submitted to take the oath…, on which they dismissed him.  One Captain Davis of Brimfield was present, who showing resentment, and treating the people with bad language, was stripped, and honored with the new fashion dress of tar and feathers; a proof this, that the act for tarring and feathering is not repealed.”

Willard’s resignation was published in the Boston papers:

Whereas I, Abijah Willard of Lancaster, have been appointed by a Mandamus a Counsellor for this Province, and having without due Consideration taken the Oath, I do now freely and solemnly declare that I am sorry that I have taken the said oath, and do hereby solemnly and in good faith, promise and engage them I will not sit or act in said Council,…  And do hereby ask forgiveness of all honest, and worthy gentlemen that I have offended.

Worcester, Massachusetts – August 27, 1774

The 52 dissenters from Worcester (see The Political Environment), as a result of a town meeting with Whigs in charge, were instructed to recant their “Redmond Dissent”.  Most of the 52 gathered at Mary Stearns’ tavern on August 22, and professed their willingness to recant.  They were told that they must prepare a formal declaration that would be printed in the Boston papers.  The instructions for the declaration included a provision that the signers would declare that the people of Worcester were not acting as a mob.  Forty-seven of those signed the declaration, which sought forgiveness from the people of Worcester.

The town meeting then directed the clerk to obliterate the recorded “Redmond Dissent”.  The clerk complied and drew lines and squiggles through the recorded dissent, completely obliterating it from the record.

The patriots of Worcester still had to deal with three “mandamus counselors”, Timothy Ruggles, Timothy Paine, and John Murray.

On Friday, August 26, riders fanned out from Worcester to alert the surrounding towns of the impending action.  In Leicester, Spencer, Brookfield, Rutland, Westborough, Shrewsbury, Grafton, Sutton, Oxford, and other areas, farmers mustered quickly and prepared to travel to Worcester.  Although Worcester town contained less than 350 adult Males, a crowd estimated at between fifteen hundred to three thousand gathered on the Worcester common, on the morning of August 27.

The crowd selected a committee of five to meet with Timothy Paine.  Paine’s resignation read as follows:

GENTLEMEN, As you have waited upon me as a Committee chosen by a large body of People now assembled on the Common at Worcester, desiring that I now resign my Seat at the Council Board; my Appointment was without sollicitation, and am very sorry I accepted, and thereby given any uneasiness to the People of the County, from whom I have received many favors, and take this opportunity to thank them: and I do hereby assure you that I will not take a Seat at the Board unless it is agreeable to the Charter of this Province.

The gathered crowd, not fully satisfied with the resignation, required that Paine remove his hat and walk amongst the crowd, formed in two lines, reading the resignation, over and over, so that all had the opportunity to hear it from his own mouth.

Paine, apparently impressed by the showing, wrote to General Gage.  He concluded his letter with the following:

Thus Sir you see an open opposition has taken place to the Acts of the British Parliament.  I dread the consequence of enforcing them by military Power; people’s spirits are so raised they seemed determined to risque their lives and everything dear to them in the opposition, and prevent any person from executing any commission he may receive under the present administration.  They give out that Brigadier Ruggles shall not sit as a Judge in our County Court, and that the Court shall not be held here.

Rumor had it that General Gage had contemplated sending troops to assure that the courts opened on September 6.  If true, it is possible that Paine’s letter discouraged this action, fearing that shots would be fired.

Next, about 500 men who had visited Paine went to the home of Thomas Murray, in Rutland, 15 miles away.  About 1000 more joined them as they traveled.  Finding that Murray was not home, the pierced his portrait with a bayonet, and left.  They then prepared a letter, which was published in the Boston papers on September 5:

To John Murray, Esq.

Sir,

As you have proved yourself to be an open Enemy to this Province, by your Conduct in general, and in particular in accepting of the late Appointment as an unconstitutional Counsellor, In Consequence whereof, a large Number of Men from several Towns are assembled, who are fully determined to prevent your holding said Office  as Counsellor, at the Risque of our Lives and Fortunes; and not finding you at Home, think proper to propose to your serious consideration: the following viz:

That you make an immediate Resignation of your Office, as a Counsellor

Your compliance as above, published in each of the Boston News Prints by the Tenth Day of September next, will save the People of this County the Trouble of waiting on you immediately afterwards.

In the Name and Behalf of the whole Assembly now present,

Willard Moore

Murray refused to sign, however, he never did return to Redmond.  Brigadier Timothy Ruggles, likewise, never returned home.

Faneuil Hall, Boston – August 26 & 27, 1774

Worcester County has asked that all of the countryside committees meet with the Boston committee to discuss what action should be taken, if General Gage sent troops to open the courts on September 6.  Realization that one county could not stand against the British troops required that the counties, and Boston, should all work together to stand against the Massachusetts Government Act.  On the 26th, a committee was appointed to discuss “what Measures are necessary to be taken respecting our novel and unconstitutional Courts of Justice”.

The final report of that committee was the beginning of a cooperative agreement to organize against the royal impositions.  It read, in part, “No power on earth, hath a right without the consent of this Province to alter the minutest title of its Charter.”  It asserted that the citizens of Massachusetts were “intitled to life, liberty, and the means of sustenance by the grace of Heaven and without the King’s leave”.  It asked to all of the counties to oppose the openings of the courts.  It called for the convening of the Provincial Congress.  Finally, it called for the people to learn “the Military Art according to the Norfolk Plan… as necessary means to secure their Liberties against the design of the Enemies whether Foreign or Domestick.”

A confederation of counties had agreed to support each other, and, to resist, by whatever means necessary, the imposition of the Massachusetts Government Act.

Roxbury, Massachusetts – August 29, 1774

In the words of Joshua Loring, in a letter to General Gage, dated August 30, 1774:

At 12 o’Clock in the night of the 29th instant I was awaked by a very hard knocking at my door; immediately I jumped out of bed and threw up the window, when I saw five men disguised, their faces black’d, hatts flap’d, with cutlasses in their hands.  I ask them who they were, they answered they came from a Mob.  I then asked them what they wanted; they told me they came to know if I would resign my Seat at the Board.  I answer’d I would not, and went into some discourse with them, asking what right they had to make such a demand on me or any other man.  The told me they did not come to talk, they came to act, and that they wanted my answer: I replied that they had got it already.  They then told me they would give me till tomorrow night to consider of it, and then the speaker gave orders to a large party who were in the road, to discharge their pieces, which the accordingly did, and which I took to be pistols.  They then told me my house should be safe till tomorrow night, and went off in number about 60.

The next night being the 30th I thought it was prudent to leave my house, and my son went out to it to receive the Mob.  He informs me as follows: — that in the evening about ½ past 8 o’Clock his mother came home much affrighted, and told him that at or near Liberty Tree in Roxbury, she saw about fifty men assembled, who immediately on knowing the carriage began to huzza scream and whistle, and called out to the Coachman to stop, but he continued on, and they followed the carriage in this manner for near a mile, and were then close at hand.

About 9 o’Clock he heard their noise, and in a few minutes they were up to the house, and immediately knocked at the door; he went to it and found five men disguised, their faces black’d and cutlasses in their hands: they order’d the candle to be put out, and then ask for the Commodore [Joshua Loring], they said they came for his answer.  He told them he was gone to Boston, and then endeavored to reason with them against their demand, but to no purpose; they said this was the second time they had come, and to beware of the third, that if he would publish in the Thursdays News Paper a Recantation, it would be well, if not, he must abide by the consequences, which would be very severe, that his house would be leveled to the ground, and many other of the like threats; and then these five who seem to have the direction, I can’t say command, of the Mob who were at the gate, retired to them, and during all this time they kept laying on the board fence with clubs, and crying out Don’t fire, for God’s sake don’t fire, keep back, keep back: but the People did not seem to mind them, and continued their hallowing and knocking on the fence with their clubs: all of which was designed to intimidate.

They soon went off, and, as he was informed, to the house of Mr. Pepperell, who not being home, they returned again within the space of half an hour, and in the same tumultuous manner halted in the road opposite the house, and all at once were very silent, occasioned, as he was informed, by some friends speaking to them; a few minutes after they set up their hallowing &c again, and went off.  And as it was a very dark night he could not judge of their numbers, but was told there were about two hundred.

Plymouth, Massachusetts – August 30, 1774

On August 28, 1774, George Watson, mandamus counselor from Plymouth, Massachusetts, went to church as usual.  The Boston evening post reported what happened:

When he came into the house of publick Worship, a great number of the principal Inhabitants of that town left the meeting house, immediately upon his entering it; “being determined not to worship and fellowship with one, who was sworn to support that change of our constitution, which professedly establishes despotism among us”.

On August 30, George Watson sent his resignation to General Gage, to wit:

By my accepting all of this Appointment, I find that I have rendered myself very obnoxious, not only to the inhabitants of this place, but also to those of the neighboring towns.  On my business as a Merchant I depend, for the support of myself and Family, and of this I must be entirely deprived, in short, I am reduced to the alternative of resigning my Seat at the Council Board, or quitting this, the place of my Nativity, which will be attended with the most fatal Consequences to myself, and my family.  Necessity therefore obliges me to ask Permission of your Excellency to resign my Seat at the Board, and I Trust, that when your Excellency considers my Situation, I shall not be censured.

Massachusetts – August 30, 1774

Thomas Hutchinson, Jr., son of the late governor of Massachusetts, also resigned, to wit:

It would be exceedingly inconvenient for me to change the place of my residence, or submit to any kind of restraint upon my person, being the only one of Governor Hutchinson’s family now in the country, and having the care of his affairs here, as well of those of the late Lieut. Governor Oliver, both of which I apprehend will suffer greatly by my being under any personal restraint.  I am sensible these reasons are of a private nature, but as they relate to the concerns of others more than my own, I hope your Excellency will find them sufficient to induce you to accept the Resignation of my trust as one of his Majesty’s Council for this Province.

By the end of August, the mandamus counselors commanded no authority outside of Boston.

Next would come the opening of the courts.  The Governor and Commander-in-Chief, General Thomas Gage, had promised to send troops to protect the courts in Worcester.  The patriots had vowed that the courts would never sit under the authority of the Massachusetts Governments Act.  Who would give?

The Courts

Salem, Massachusetts – August 20, 1774

On Saturday, August 20, the Salem (the Provincial Capitol) Committee, not the town’s selectmen, as was normally the case, posted notices calling for a meeting of the townspeople:

The committee of correspondence desire the merchants, freeholders and other inhabitants of this town to meet at the town house chamber next Wednesday, at nine o’Clock in the morning to appoint five or more deputies, to meet at Ipswich, on the sixth of September next, with the deputies which shall be appointed by the other towns in this county, to consider of and determine on such measures as the late acts of parliament and our other grievances render necessary and expedient.

On Tuesday, the day before the meeting, Governor Gage issued a proclamation:

Whereas by a late Act of Parliament, all Town-Meetings called without the consent of the Governor (except the annual meetings, in the Months of March and May) are illegal, I do hereby strictly prohibit all Persons from attending … any Meeting not warranted by law, as they will be chargeable with all the all consequences that may follow thereon, and answer the same At their utmost Peril.

General Gage, anticipating disobedience to his proclamation, went to Salem with two companies of the 59th regiment, who stopped at the entrance to town and loaded their guns.  The soldiers then continued court the courthouse, “equipped as if for battle”

Cage then summoned the leaders of the Salem Committee to meet with them, at 9:00, the same time as the committee meeting.  They thought that, absent leadership, the committee meeting would be to no avail.

The patriots out smarted General Gage, and, though the leaders attended the meeting with Gage, the Committee went about its business and selected six representatives to the county convention.

General Gage retaliated by ordering Judge Peter Frye to issue warrants for the Committee members who had called the meeting, charging them with “seditiously and unlawfully causing the town to be assembled by those notifications, without leave from the governor, in open contempt of the laws, against the peace, and the late statute.”

The first to patriots brought into custody posted bail, but the next five refused, defiantly telling General Gage “if the ninetieth part of a farthing would be taken as bail, they would not give it.”  They then responded to the Governor’s threat: “if he committed them, then he must abide by the consequences.”

As reported by John Andrews, “there was upwards of three thousand men assembled there from the adjacent towns, with full determination to rescue the Committee if they should be sent to prison, even if they were obliged to repel force with force, being sufficiently provided for such a purpose; as indeed they are all through the county — every male above the age of 16 possessing a firelock with double the quantity of powder and ball injoin’d by law.”

So, here, nearly eight months before the bloody showdown at Lexington Green, patriots stood, armed, against British soldiers, testing the resolve of each side.

Springfield, Massachusetts – August 30, 1774

On Friday, August 26, delegates from the 25 towns in Hampshire County assembled in Hadley, home of a 130-foot Liberty Pole.  Their options included petitioning the judges to adjourn; disrupting the court physically; or, trying to convince the judges to meet under the authority of the old Charter instead of the Massachusetts Government Act.  They decided to ask the judges themselves under what authority did they hold their offices.

By Monday, August 29, the judges, justices of the peace, of lawyers, and various officials with business before the court had arrived in Springfield.

Early Tuesday morning, they heard the tolling of the West Springfield bell — the signal for patriots to gather.  Between two and four thousand men, many carrying staves, mustered about the courthouse, where they hoisted a black flag to threaten the judges away.

The judges and justices bypassed the courthouse and convened at a public house nearby, where they received a committee of delegates from the demonstrators.  The delegates ask them, how did they hold their authority, by the Charter or by the Act?  The judges responded, “We consider and judge ourselves to hold our offices …  by virtue and force of the Charter”.  They then claimed that the late Act of Parliament had not made a significant alteration in their authority.

The delegates took the justices reply outside where it was read three times to the people assembled.  The people talked, discussed, debated, and finally concluded, by a vote, that the answer was not satisfactory.  They then decided that the court would not sit.  The delegates returned to the justices and told them that they would not set contrary to the minds of the people.

The justices signed a petition, to wit:

“We, the subscribers, do severally promise and solemnly engage to all people now assembled, in the county of Hampshire, on the 30th Day of August 1774, that we will never take, hold, execute, or exercise any Commission, Office, or Employment whatsoever, under, or in Virtue of or in any Manner derived from any Authority, or pretended or attempted to be given by a late Act of Parliament, entitled ‘An Act for better regulating the Government of the Province of Massachusetts-Bay, in New England’.

The petition was signed by eighteen judges and justices.

Concord, Massachusetts – August 30, 1774

On August 30, over 150 delegates from every town and district of Middlesex County gathered at Concord to consult on measures to be taken.  First, the Massachusetts Government Act was read in its entirety.  The convention then chose nine members to draft an appropriate response.  It reads, in part:

It is evident to every attentive mind, that this province is in a very dangerous and alarming situation.  We are obliged to say, however painful it may be to us, that the question now is, whether, by a submission to some late acts of the parliament of Great Britain, we are contented to be the most abject slaves, and entail that slavery on posterity after us, or by a manly, joint, and virtuous opposition, and support our freedom.  There is a mode of conduct, which in our very critical circumstances, we would wish to adopt; a conduct, on the one hand, never to tamely submissive to tyranny and oppression, on the other, never degenerating into rage, passion, and confusion.  This is a spirit which we revere, as we find it exhibited in former ages, and will command applause to the latest posterity.

The report continued, providing instructions not to recognize any aspect of the Massachusetts Government Act, to continue to conduct local business as has always been done, and, all acts by the people must be justified by God and the world.

The stage was set for the September 13 court opening.

Worcester, Massachusetts – August 30, 1774

In preparation for dealing with the court closures, 130 men attended the Worcester convention.  The next morning, in what can be described as a democratically spirited proceeding, the following was approved:

Voted, that every person who speaks in this meeting shall rise up, and, after he is done speaking, shall sit down, and not speak more than twice on the same subject, without obtaining leave, and shall not speak irreverently.

Their first resolution stated their purpose, “that it is the indispensible duty of the inhabitants of this county, by the best ways and means, to prevent the sitting of the respective courts.”  They then “recommended to the inhabitants of this county, to attend, in person,” the court sessions, and to maintain order, and then “recommended to the several towns, that they choose proper and suitable officers, and a sufficient number, to regulate the movements of each town, and prevent any disorder which might otherwise happen”.  They were determined not to be perceived as a “Mob”.

Since “the ordinary course of justice may be stayed”, they encouraged that each individual should “pay his just debts as soon as may be possible, without any disputes or litigation.”

The final point addressed was in anticipation of what had been threatened, previously, by General Gage:

That whereas, it is generally expected, that the governor will send one or more regiments to enforce the execution of the acts of parliament, on the 6th of September, that it is recommended to the inhabitants of this county, if there is intelligence, that troops are on the march to Worcester, to attend, properly armed, in order to repel any hostile force which may be employed for that purpose.

Concerned that only Worcester was to be protected, the delegates’ final resolution, to wit:

That if there is an invasion, or danger of invasion, in any town in this county, then such town as is invaded, or being in danger thereof, shall, by their committee of correspondence, or some other proper person, send letters, by express post, immediately, to the committees of the adjoining towns, who shall send to other committees in the towns adjoining them, that they all come properly armed and accoutred to protect and defend the place invaded.

Finally, they resolved:

Voted, That it be recommended to each town of the county, to retain in their own hands, what moneys may be due from them severally to the province treasury…

Voted, That each member will purchase at least two pounds of powder in addition to any he may have on hand, and will use all his exertions to supply his neighbor fully.

Voted, That the members and delegates endeavor to ascertain what number of guns are deficient to arm the people in case of invasion.

There is no doubt that the citizens of Worcester were prepared to defend their constitutional rights and their Charter.  There is also no doubt that General Gage was aware of what was happening in the countryside.  On August 27, he had written to Lord Dartmouth:

In Worcester, they keep no Terms, openly threaten Resistance by Arms, have been purchasing Arms, preparing them, casting Ball, and providing Powder, and threaten to attack any Troops who dare to oppose them.  Mr. Ruggles of the new Council is afraid to take his Seat as Judge of the inferior Court, which sits at Worcester on the 7th [actually, the 6th] of next Month, and I apprehend that I shall soon be obliged to march a Body of Troops into that Township, and perhaps into others, as occasion happens, to preserve the Peace.

Boston, Massachusetts – August 30, 1774

General Gage attended the Superior Court of the Judicature in Boston, Suffolk County — the only place that the Court could be safely opened.  As the Boston Gazette reported, on September 5:

Last Tuesday being the day the Superior Court was to be holden here, the Chief Justice, Peter Oliver, Esq., and the other Justices of said Court, together with a number of gentlemen of the bar, attended by the High and Deputy Sheriffs, walked in procession from the state-house to the court-house, in Queen-street.  When the Court were seated and the usual proclamations made, a list of names of the gentleman returned to serve as Grand Jurors, was presented to them, and the court appointed Mr. Ebenezer Hancock, Foreman.

However, when Ebenezer Hancock rose to be sworn in, he declined.  The remaining 22 grand jurors also refused to take the oath.  When ask why they refuse to take the oath, they referred to previously prepared document, which made the case that Peter Oliver, sitting as Chief Justice, was against the Charter.

The superior court continued to meet through Friday, conducting “such business as is usually transacted, without the juries”.  General Gage, at least, could show that some functions of government were still proceeding.

On Wednesday, August 31, General Gage tried to convene his council.  Three days later, Gage wrote to Dartmouth, “I ordered a council to assemble, but upon their representation, that they should be watched, stopped, and insulted on the road to Salem, they desire to be assembled here in Boston”.  Only 15 of the original 36 attended.

General Gage presented to them, for their vote, the pressing decision he had to make within a week:

…  Whether they would advise to the sending of any troops into the County of Worcester, or any other County in the Province, for the protection of the Judges and other Officers of the Courts of Justice.  Whereupon several Gentlemen of the Council expressed their Opinions, that insomuch as the opposition to the execution of any part of the late Acts of Parliament relating to this Province, was so general, they apprehended it would not be for His Majesty’s service to send any Troops into the interior parts of the Province, but that the main body continue in the Town of Boston, which might be strengthened by the addition of all other Troops, to be improved as circumstances may occur, and be a place of safe retreat for all those who may find it necessary to remove thither.

On September 2, General Gage, again, wrote to Dartmouth:

I came here [to Boston] to attend the superior Court, and in the Intention to send a Body of Troops to Worcester, to protect the Courts there, and if wanted to send Parties to the Houses of some of the Counsellors who dwell in that County, but [I heard] from undoubted Authorities, that the Flames of Sedition had spread universally throughout the Country beyond Conception, the Counsellors already drove away, and that no Courts could proceed on Business…

The Council was of Opinion that it was very improper to weaken the Troops here by any Detachments whatever, as they could not be of any Use to the Courts, as no Jurors wou’d appear, and by that Means defeat their Proceedings, and that Disturbance among so general, and not confined to any particular spot, there was no knowing where to send them to be of Use.

Cambridge, Massachusetts – September 2, 1774

On the evening of August 31, Boston patriots noticed significant troop movement, in and around Boston.  Concerned that they might be going to Salem to arrest the Committee members, word was sent to Salem.

The Salem Committee responded that they were ready “to receive any attack they might be exposed to for acting in pursuance to the laws and interest of their country, as became men and christians”.

The Boston Evening-Post (September 5) tells us the purpose of the troop movements :

On Thursday Morning, half after four, about 260 Troops embarked on 13 boats at the Long Wharf, and proceeded up Mystic River to Temple’s Farm, where they landed, and went to the Powder-House on Quarry Hill, in Charleston Bounds, where they took 212 Half Barrels of Powder, the whole store there, and conveyed it to Castle Williams.  A detachment from this corps went to Cambridge and brought off two field pieces.

General Gage had been notified that the patriots had begun seizing powder from various stores, and sought to head them off, at least, where it could be safely accomplished.

These events, however, had an impact on the patriot side.  On Friday morning (September 2), by 8 O’clock, over 3,000 farmers had arrived at Cambridge Common, and, “more were on the way.”  They had left their firearms, but most were equipped with “large sticks”(Later reports indicate that between 1/4 and 1/2 of the patriots were armed).  They wanted to show their strength, but they did not want to confront the British.

In Boston, word spread that tens of thousands of country people were on their way to Boston.  John Andrew wrote:

Four or five expresses have come down to Charlestown and here [Boston], to acquaint us, that between Sudbury and this, above ten thousand men are in arms and are continually coming down from the country back: that their determination is to collect about forty or fifty thousand by night (which they are sure of accomplishing) when they intend to bring in about fifteen thousand by way of the Neck, and as many more over the ferry: when once got possession, to come in like locusts and rid the town of every soldier.

In an effort to ward of an open confrontation, the Cambridge Committee contacted Lieutenant Governor Thomas Oliver, as described by Oliver:

Early in the morning a number of the inhabitants of Charlestown called at my house to acquaint me that a large body of people from several towns in the county were on their way coming down to Cambridge; that they were afraid some bad consequences might ensue, and begged I would go out to meet them, and endeavor to prevail on them to return.  In a very short time, before I could prepare myself to go, they appeared in sight.  I went out to them, and asked the reason of their appearance in that manner; they respectfully answered, they “came peaceably to inquire into their grievances, not with design to hurt any man.”  I perceived they were landholders of the neighboring towns, and was thoroughly persuaded they would do no harm.  I was desired to speak to them; I accordingly did, in such a manner as I thought best calculated to their minds.  They thanked me for my advice, said they were no mob, but sober, orderly people, who would commit no disorder; and then proceeded on their way.  I returned to my house

Soon after they had arrived on the Common at Cambridge, a report arose that the troops were on their march from Boston; I was desired to go and intercede with his Excellency to prevent their coming.  From principles of humanity to the country, from a general love of mankind, and from persuasions that they were orderly people, I readily undertook it; and is there a man on earth, who, placed in my circumstances, could have refused it?…  As I passed the people I told them, of my own accord, I would return and let them know the event of my application.

Still concerned, the Cambridge Committee sent dispatches to Charlestown and Boston.  Joseph Warren, of the Boston Committee, wrote:

A billet was brought, requesting me to take some steps in order to prevent the people from coming to immediate acts of violence, as incredible numbers were in arms, and lined the roads from Sudbury to Cambridge.  I summoned the committee of correspondence; but, as care had been taken to caution every man who passed the ferry from alarming Boston, I judged it best not to inform the person who warned the committee of the business they were to meet upon.  They, therefore, made no great haste to get together.  After waiting some time, I took as many of the members as came in my way to Charlestown, fearing that something amiss might take place.  I saw the gentleman at Charlestown, who begged us to move forward to Cambridge.  On our way, we met the Lieutenant-governor Oliver.  He said he was going to the general, to desire him not to march his troops out of Boston.  We thought this precaution good, and proceeded to Cambridge.

Later, while awaiting word of General Gage’s intentions, the Boston Committee met with delegates from the country towns.  The meeting was held at Captain Steadman’s inn.  The Boston committee members were surprised that the delegates had been selected, that day, for that purpose.  Boston had leaders who would drink ale and decide what the crowds would do.  The country people, however, were participatory, and the leaders were selected, for each circumstance, and only for that particular event.  Unlike what had been occurring in Boston, these events were truly of the people.

General Gage, at Oliver’s request, decided not to march the troops.  Gage, after having obtained as much information as possible, determined that the crowd was “not a Boston rabble but the freeholders and farmers of the country”.

Even though Oliver had aided the patriots in avoiding a confrontation, he was, later that afternoon, forced to resign his appointment as Lieutenant Governor.  His resignation effectively destroyed the government implemented by the Massachusetts Government Act.

The people, as a whole — not through the leaders in Boston — had gained the initiative and control in the revolution, which would, in eight more months, result in a War of Independence.

The Powder Alarm, New England – September 2, 1774

As word spread, throughout the northern colonies, of the the events in Cambridge, Charlestown and Boston, farmers and merchants dropped their work and picked up their arms. They began a massive march toward the Massachusetts Bay. Their alarm was supported by rumors, gaining momentum as the stories of what was transpiring traveled out and away from the more organized negotiations in Boston and Cambridge.

Though estimates vary on the number of those who went to Cambridge, as well as those on the march toward what rumor had provided for, they range from a minimum of twenty thousand to a maximum of “near one hundred thousand”.

As far as the distance to which the rumors carried, and caused alarm, an account by Mr. McNeil, from Litchefield, Connecticut, as given to the Reverend Ezra Stiles, is as follows:

[McNeil] went to bed without hearing any Thing.  But about midnight or perhaps one o’Clock he was suddenly waked up, somebody violently rapping up the Landlord, telling the doleful Story that the Powder was taken, six men killed, & all the people between there & Boston arming & marching down to the Relief of their Brethren at Boston; and within a qr. or half an hour he judges fifty men were collected at the Tavern tho’ now deep in Night, equipping themselves & sending off Posts every Way to the neighboring Towns.  They called up McNeil to tell the Story of the Springfield Affair which was News ‑ he said he had to repeat and tell the story over & over again to New Comers till day; so he had no more Rest that night.  The Men set off as fast as they were equipt.

In the Morning, being fryday Sept. 2, Mr. McNeil rode forward & passed thro’ the whole at the very Time of the Convulsion.  He said he never saw such a Scene before ‑ all along were armed Men rushing forward some on foot some on horseback, at every house Women & Children making Cartridges, running Bullets, making Wallets, baking Biscuit, crying & bemoaning &at the same time animating their Husbands & Sons to fight for their Liberties, tho’ not knowing whether they should ever see them again.  I asked whether the Men were Cowards or disheartened or appeared to want Courage?  No. Whether the tender Distresses of weeping Wives & Children softened effeminated & overcome the Men and set them Weeping to?  No ‑ nothing of this ‑ but a firm and intrepid Ardor, hardy eager & couragious Spirit of Enterprize, a Spirit for revenging the Blood of their Brethren & rescue our Liberties, all this & an Activity corresponding with such Emotions appeared all along the whole Tract of above fourty Miles from Shrewsbury to Boston.

The Women kept on making Cartridges, & after equipping their Husbands, bro’t them out to the Soldiers which in Crowds passed along & gave them out in handfuls to one and another as they were deficient, mixing Exhortation & Tears & Prayers & spiriting the Men in such an uneffeminate Manner as even would make Cowards fight.  He tho’t if anything the Women surpassed the Men for Eagerness & Spirit in the Defence of Liberty by Arms.  For they had no Tho’ts of the Men returning but from Battle, for they all believed the Action commenced between the Kings Troops & the Provincials.  The Women under this Assurance gave up their Husbands Sons &c to Battle & bid them fight courageously & manfully & behave themselves bravely for Liberty ‑ commanding them to behave like Men & not like Cowards to be of good Courage & play the men for our people & for the Cities of our God ‑ & the Lord do as seemeth him good.  They expected a bloody Scene, but they doubted not Success & Victory.

McNeil never saw any Thing like this in his Life: ‑ he said, they scarcely left half a dozen Men in a Town, unless old and decrepid, and in one town the Landlord told him that himself was the only Man left.”

Worcester, Massachusetts – September 6, 1774

If General Gage were to keep his word and use troops to assure that the courts would open, in Worcester County, on September 6, the patriots, especially after the excitement and commitment during the Powder Alarm, were ready to assure that the courts would not open.  The lines were drawn, and the stakes were high.

Many of the people who were to be in Worcester must have left their homes on the 4th, to assure that they would be present on the 6th.  They came from as far away as 35 miles (Royalston), and they came on foot.

By Tuesday morning (September 6), 4, 622 men had arrived in Worcester.  Ebenezer Parkman’s diary provides the following accounting:

Worcester     260     Uxbridge     156     Westborough     200

Rutland     150     Athol     51     Royalston     39

New Braintry     140     Brookfield     216     Duglass     130

Grafton     210     Holden     100     Hardwick     220

Princeton     60     Harvard     103     Hubbardston     55

Lunenbourg     40     Western     100     Winchendon     45

Southboro     35     Chauxitt     200     Leicester     180

Spencer     164     Sturbridge     150     Bolton     100

Palmer     38     Sutton     500     Westminster     120

Oxford Troop     40     N. Shrewsbury     100     S. Shrewsbury     135

Northboro     85     Oxford     80     Oakham     50

Petersham     70     Paxton     80     Upton     100

Templeton     120

Though most of the participants had left home with their firearms, when word came that General Gage was not sending his troops (Gage only had 3,000 troops in garrison), most of the rifles were stored at homes outside of Worcester, or with homes or businesses in town.  Staves became the weapon of choice, and music was played by fife and drum.  Only a few men still had arms.

Most of the men from Worcester and Spencer had barricaded themselves inside of the courthouse, by 10 O’clock, to prevent the judges and other officials from entering.

Representatives from each of the various town Committees met at the home of Timothy Bigelow, to coordinate the activities of the day.  Their first decision, however, was “to attend the body of the people” outside, leaving the decisions not to the leaders, but to the people, themselves.

Meanwhile, a local merchant did a phenomenal business — “more than ever before”.  On Sunday, he took in £173, for “Powder &c.”, Monday was £97, and, on Tuesday, £300, as thousands of militiamen prepared for what might come.

The officers of the court (3 judges of the Inferior Court; 18 justices of the peace, 2 attorneys; and, the Sheriffs), having been locked out of the courthouse, had taken up at Daniel Heywood’s tavern, to await communication from the committee.  Their first effort at a statement used the term, “would endeavor &c.”, was too weak for those who had travelled so far.  The second document, signed by all twenty-five officers, follows:

GENTLEMEN: — You having desired, and even insisted upon it, that all judicial proceedings be stayed by the justices of the court appointed this day, by law, to be held at Worcester, on account of the unconstitutional act of the British parliament, respecting the administration of justice in this province, which, if effected, will reduce the inhabitants thereof to mere arbitrary power; we do assure you, that we will stay all such judicial proceedings of said courts, and will not endeavor to put said act into execution.

Sufficient to satisfy those who had attend to see the courts remain closed, the next act was to require all of the justices to walk the line, between all of those gathered, with hats in hand, reading, over and over (some estimates were that the statement was read, by each, thirty times), their statement — so that all could hear.  And, as a final affront to the Tories, all known Tories in town were required to march with the justices.

The British troops had stayed away, no blood had been shed, and, all of the goals of the patriots had been achieved.  There was no doubt as to who was in control of Worcester County.

Worcester, Massachusetts – September 7, 1774

Having dealt with the problem of the judges and the court, the people of Worcester were left without a formal government, nor with a way to deal with problems that might arise.

A Provincial convention had been called for on the second Tuesday of October, less than two months away.  In the meantime, an interim government was needed.

The County Convention that had convened to deal with not allowing the seating of the courts, took matters into their own hand (defiant of any British objections to the contrary).  They recalled the justices of the peace who were in office under the original Charter, with the exception of those who had proven inimical to their cause.  They allowed them to sit as single judges, though not sit as a court, and, they were only to deal with criminal, not civil cases.  The coroners, sheriffs, and probate judges would also continue in office.

The most significant authority presumed by the Convention was to require resignations from all of the militia officers.  Often, however, if the old officer was a patriot, he would be returned to duty.  They procured at least one field piece, with mount and fitted for use and sufficient ammunition for same.

They were preparing to defend what they had gained.

Boston, Massachusetts – September 6-12, 1774

General Gage, having seen the strength of the patriots by the closure of courts; the resignations; the failure to stop the town meeting in Salem; and, the resignation of his Lieutenant Government, Thomas Oliver, was determined to regain control in the colony.

His first step was to fortify the Boston Neck (a narrow piece of land connecting Boston to the mainland).  He had only 3,000 soldiers, and the patriots’ forces outnumbered them, substantially.  He had to protect his garrison.

According to John Andrew:

The alarm caus’d by the movement of the country has induc’d the Governor to order a number of field pieces up to the neck guard, and this morning has got a number of workmen there, to build blockhouses and otherways repair the fortification.  It was reported that he was going to cut a canal across and break off the communication with the country other than by bridge; in consequence of which the Select men waited upon him.  He assur’d them he had no intention to break ground, but was only about securing the entrance into the Town, that the inhabitants as well as the soldiers may not be expos’d to inroads from the country.

The patriots in Boston were worried that General Gage was going to make a garrison of the whole town.  They were also concerned that the guarding of the neck, and passively detaining the few who went from country to town, might discourage the flow of goods necessary, from the country, to sustain life in Boston (under embargo because of the Port Bill).

Andrews also provided some insight into the additional precautions that General Gage was making to avoid being attacked by the patriots who outnumbered his forces.

Andrews gave a running account of General Gage’s efforts at fortification and the response of local patriots:

September 6th… The townspeople are in general very uneasy and dissatisfied with the Governor’s fortifying the entrance; so much so, they cant get any one workman to assist ’em.  They’ve got an engineer from New York, who is trying what he can do with a number of carpenters and masons out of the army.  They talk of sending to New York for a number of mechanics to affect it: It is my opinion, if they are wise, they wont come….

September 8th…. Yesterday, between one and two o’clock P.M., the General, with a large parade of attendants, took a survey of the skirts of the town; more particularly that part opposite the country shore.  ‘Tis suppos’d they intend to erect Batteries there to prevent any incursions of the country people from that quarter, having effectually secur’d the Neck by the disposition of the field pieces; and their caution extends so far as to have a guard patrole Roxbury streets at all hours of the night, as well as another posted at Charlestown ferry every night, after the evening gun fires ….

September 9th …. [N]otwistanding the six field pieces planted at ye Neck, they have brought twelve cannon from the Castle, some nine and some four pounders, which they have dispos’d about the entrance of the town.  And this is not the only proof of their fear; for I am well inform’d that they keep so many and such strict guards of nights, that the soldiers don’t get but one undisturb’d night’s sleep out of four.

September 10th.  They have drawn off the whole of the troops from Salem, and the Board of Commissioners, with the Governor’s family and furniture, are all arriv’d here, not thinking themselves secure in a town surrounded by the country as that is….

September 12th…. The General has set about two hundred soldiers to work upon the fortifications this morning…. Many of the inhabitants are serious about leaving the town, as they are in general apprehensive that when the Governor has sufficiently fortified it, military Law will be declar’d, and no one suffer’d to go out but by his permission, notwithstanding what he may have said to the contrary.  There is no knowing, Bill, what may take place with us.  For my own part, I endeavor to make myself as easy as I can; but if they should come to disarming the inhabitants, the matter is settled with the town at once; for blood and carnage must inevitably ensue ‑ which God forbid!  should ever take place.’

Charlestown, Massachusetts – September 15, 1774

Again, John Andrews provides some insight into the patriots’ efforts to assure that they were well armed:

Ever since ye cannon were taken away from Charlestown, the General has order’d a double guard to ye new and old gun houses, where ye brass field pieces belonging to our militia are lodg’d: notwithstanding which, the vigilance and temerity of our people has entirely disconcerted him, for We’n’sday evening, or rather night, they took these from the Old house (by opening the side of the house) and carried away through Frank Johnnot’s Garden.  Upon which he gave it in orders the next day to the officer on guard to remove those from the New house (which stands directly opposite the encampment of the 4th Regiment and in the middle of the street near the large Elm tree), sometime the next night into the camp; and to place a guard at each end, or rather at both doors, till then.  At the fixed hour the Officer went with a number of Mattrosses to execute his orders, but behold, the guns were gone!  He swore the Devil must have help’d them to get away.  However, they went to work, and brought off the carriages, harness, utensils, &ca., which they reposited in the Camps.  Its amazing to me how our people manag’d to carry off the guns, as they weigh near seven hundred weight apiece; more especially that they should do it, and not alarm the guards.

There is little doubt that the patriots were preparing for war.  Their deeds were not light. Their preparations — were for War.

General Gage was becoming very concerned over these events.  In a letter to Lord Dartmouth:

Nothing less than Conquest of almost all the New England Provinces will procure Obedience to the late Acts of Parliament for regulating the Government of the Massachusetts Bay…  The Country People are exercising in Arms in this Province, Connecticut, and Rhode Island, and getting Magazines of Arms and Ammunition in the Country, and such Artillery, as they can procure good and bad.  They threaten to attack the Troops in Boston, and are very angry at the Work throwing up at the entrance of the Town…

Had the Measures for regulating this Government been adopted seven Years ago, they would have been easier executed, but the executive Parts of Government have gradually been growing weaker from about that period, and the People more lawless and seditious…  My first Object was to give it Force, in which I hoped to have made some Progress, when the Arrival of the late Acts overset the whole, and the Flame blazed out in all Parts at once beyond the conception of every Body.

The well-laid plans of the British Empire had been put aside by the patriots that believed that government has an obligation to abide by its contract with the people.

And, for those who continued to support the Crown, Andrews explains:

The present temper of the People throughout the Province is such, that they wont suffer a tory to remain any where among ’em without making an ample recantation of his principles; and those who presume to be so obstinate as not to comply, are oblig’d to take up their residence in this city [Boston] of refuge.

Braintree, Massachusetts – September 14, 1774

Abigail Adams (wife of John Adams) reports, “The church parson thought they were coming after him, and run up garret they say, an other jumped out of his window and hid among the corn whilst a third crept under his bord fence, and told his beads.”

Weston, Massachusetts – September 14, 1774

Colonel Elisha Jones, 65-year-old father of 14 sons, was humiliated by 300 men who “made his Mightiness walk through their Ranks with his Hat off and express his Sorrow for past Offenses, and promise not to be Guilty of the like for the future.”

Concord, Massachusetts – September 19, 1774

Joseph Lee, a Concord physician, had sought to carry warning to the government, on September 1, as the locals prepared to march to Cambridge.  Though the force used to elicit the following letter is unknown, on September 19, he signed (though probably did not write) the following:

Whereas I, Joseph Lee, of Concord, Physician, on the Evening of the 1st ult, did rashly and without Consideration, make a private and precipitate journey from Concord to Cambridge, to inform judge Lee, that the Country was assembling to come down… that he & others concern’d might prepare themselves for the Event, and with an avowed Intention to deceive the People; by which the Parties assembling might have been exposed to the brutal Rage of the Soldiery, who had timely Notice to have waylaid the Roads and fired on them while unarmed and Defenceless in the dark.

By which imprudent Conduct, I might have prevented the salutary Designs of my Countrymen, whose innocent intentions were only to request certain Gentlemen, sworn into Office on the new system of Government, to resign their Offices, in order to prevent the Operation of that (so much detested) Act of the British Parliament for regulating the Civil Government of the Massachusetts Bay: By all of which I have justly drawn upon me the displeasure of my Country.

When I cooly reflect on my own imprudence, it fills my Mind with the deepest Anxiety.

I deprecate the resentment of my injured Country, humbly confess my Errors, and implore the Forgiveness of a generous and free People.  Solemnly declaring that the future, never to convey any intelligence to any of the Court Party, whether directly or indirectly, by which the design of the People may be frustrated in opposing the barbarous Policy, of an arbitrary, wicked and corrupt Administration.

Joseph Lee

Essex County, Massachusetts – September 6 – 7, 1774

The Essex County Convention resolved:

[T]hat the judges, justices, and other civil officers in this county [which included the colonial capitol of Salem], appointed agreeably to the charter and the laws of the province, are the only civil officers in the county whom we may lawfully obey; that no authority whatever, can remove these officers, except that which is constituted pursuant to the charter and those laws; that it is the duty of these officers to continue in the execution of their respective trusts, as if the aforementioned act [Massachusetts Government Act] of parliament had never been made; and, that while they thus continue untainted by any official conduct in conformity to that act, we will vigorously support them therein, to the utmost of our power, indemnify them in their persons and property, and to their lawful doings a ready obedience.

Essex had determined to allow officers to sit, but only in accordance with the Charter.  The convention, however, made clear their position by further resolving, “that all civil officers in the province, as well as private persons, who shall dare to conduct in conformity to the aforementioned act… are unfit for civil society; their lands ought not be tilled by the labor of any American, nor their family supplied with clothing or food”.

They concluded their convention with this statement of the determination of their convictions:

[T]hough we are deeply anxious to restore and preserve harmony with our brethren in Great Britain; yet, if the despotism and violence of our enemies should finally reduce us to the sad necessity, we, undaunted, are ready to appeal to the last resort of states; and will, in support of our rights, encounter even death.  Sensible that he can never die too soon, who lays down his life in support of the laws and liberties of his country.

Essex County was endeavoring to continue the Charter government and denounced and refused to serve those who were not.  They did, however, allow that, should the progression of events require, they would lay down their lives to retain that which was theirs.

Suffolk County, Massachusetts – September 6 – 9, 1774

Suffolk County (which included Boston) was not controlled by the patriots, unlike most of the other counties in Massachusetts.  Nevertheless, in Dedham and Milton, the two towns where the convention was to be held, they had quite a bit of influence.

Though that influence was not sufficient to close the courts, it was sufficient to approve what became known as the Suffolk Resolves:

Whereas, the power, but not the justice; the vengeance, but not the wisdom of Great Britain, which of old persecuted, scourged, and exiled our fugitive parents from their native shores, now pursues us, their guiltless children, with unrelenting severity: and whereas this, then savage and uncultivated desert, was purchased by the toil and treasure, or acquired by the valor and blood of those, our venerable progenitors, who bequeathed to us the dear bought inheritance, who consigned it to our care and protection; the most sacred obligations are upon us to transmit the glorious purchase, unfettered by power, unclogged with shackles, to our innocent and beloved offspring.

Ultimately, the Resolves contained provisions that:

  • They opposed both the Massachusetts Government Act and the Boston Port Bill, stating that “no obedience is due from this province, to either or any part of the acts above mentioned; but that they should be rejected as the attempts of a wicked administration to enslave America.”
  • Although they did not have the power to close the courts, they recommended that “no regard ought to be paid to them by the people of this county,” and that officers of the court or jurors who refused to serve would receive their support.
  • They recommended that taxes not be paid to the officers of the established government “until the civil government of the province is placed upon a constitutional basis.”
  • They demanded resignations from all “mandamus counsellors”; those who failed to comply by September 20 would “be considered by this county as obstinate and incorrigible enemies to this colony.”
  • They opposed the fortification of the Boston Neck and appointed a committee to carry their protest to Governor Gage.
  • They objected to the Quebec Act, claiming that the legalization of the Catholic Church in Canada was “dangerous in an extreme degree, to the protestant religion, and to the civil liberties of all America.”
  • They recommended “to take away all commissions from the officers of the militia, and that new officers be elected by the people.
  • The Resolves were sent to the Continental Congress, where they arrived on September 16, and were approved and encouraged by a unanimous vote of the Congress
  • They advocated yet another nonconsumption agreement against “British merchandize and manufactures.”
  • Like the other conventions, they endorsed a convening of a Provincial Congress in October.
  • They promised to “pay all due respect” to the Continental Congress sitting in Philadelphia, and to submit to their decisions.

Finally, as was characteristic of all the county conventions, they opposed “all routs, riots, or licentious attacks upon the property of any persons whatsoever.”  They held that “in a contest so important, in a cause so solemn, our conduct shall be such as to merit the approbation of the wise, and the admiration of the brave and free of every age and of every country.”

Plymouth, Massachusetts – September 26 – 27, 1774

The Plymouth County Committee met in the Plymouth courthouse, the week before the courts were scheduled to open.  Though their resolutions were similar to those of other counties, they also planned the mobilization for October 4, when the courts were supposed to open.

On that day (October 4), between two and four thousand men “stiling themselves  the body of the people, took possession of the court-house and the avenues leading up to it, and presented the courts of General Sessions of the peace and court of common pleas from sitting or proceeding to business.”  Accordingly, the presented the justices with the resolution from the convention, to which the justices replied:

That we do not now, nor will, at any time hereafter, hold or exercise our Commission in any other Way than what is prescribed by our Charter and well-known Constitution; and that we will not in any Way countenance, aid or support the Execution of the late Acts of Parliament for altering the Charter and Government of the Province.

To the patriots, this pledge was insufficient.  They told the justices that it was “inexpedient” for the courts to open.  The justices responded, “We will not open, set, act or do, or adjourn either of said Courts, ‘till the Determination of the Continental Congress is known.

The justices had acquiesced to the decision to be forthcoming from an illegal body, which was acting without any recognized authority except that of the people.

The patriots, still not fully satisfied, required that known Tories, or, any who has signed addresses to Hutchinson and General Gage, would also recant, resign, and give up any military commission they might hold – which they did, for fear of their lives.

Worcester, Massachusetts – September 20 – 21, 1774

The Worcester County Convention met to discuss filling the void created by the absence of the royal government.  Nobody was surprised that General Gage had not ordered the courts to open.  After all, Worcester was the hotbed of the resistance to the Acts of Parliament.

The Convention ordered the Sheriff, though unnecessarily, to “adjourn the superior court appointed by law to be held this day, and then got on to their appointed business.

First, they had to deal with debt.  They called upon the farmers (struggling under heavy debt burdens), for:

Every inhabitant of this county to pay his just debts, as soon as possible, without any dispute or litigation, and if any disputes concerning debts or trespass should arise, which cannot be settled by the parties, we recommend it to them to submit all such cases to arbitration; and if the parties, or either of them, shall refuse to do so, they ought to be considered as co-operating with the enemies of the country.

They then proceeded, since they were able to influence the justices of the peace to do so, to “liberate any persons confined in jail for debts, who are entitled to such liberation by the laws of the province”.

They then began preparations for the inevitable; they reorganized the militia into seven new regiments.  There was no legal authority for them to do so, but they did it, anyway — necessity and anticipation of the coming conflict overriding the law, even under the Charter.

They called for each of the towns in the county to arm itself “with one or more field pieces.  Mounted and fitted for use.”

They proceeded to arrange for all of the towns in the county to call for conventions, as necessary, “to prepare matters to lay before this body at their several meetings”.  They had, essentially, created the first, independent of British control, county government in the United States.

Worcester County, Massachusetts – October 4, 1774

Timothy Bigelow was appointed as a delegate for Worcester County, at the soon to be held Provincial Congress.  He was provided instructions, by the Convention, to carry to that Congress:

If all infractions of our rights, by acts of the British Parliament, be not redressed, and we restored to the full enjoyment of all our privileges, contained in the charter of this province, issued by their late majesties, King William and Queen Mary, to a punctillo; before the day of your meeting [October 5, the next day], then, and in that case, you are to consider the people of this province absolved, on their part, from the obligation therein contained, and to all intents and purposes reduced to a state of nature; and you are to exert yourself in devising ways and means to raise from the dissolution of the old constitution, as from the ashes of the Phenix, a new form, wherein all officers shall be dependent on the suffrage of the people for their existence as such, whatever unfavorable constructions our enemies may put upon such procedure. The exigency of out public affairs leaves us no alternative from a state of anarchy or slavery.

Though far from the poetic words penned by Thomas Jefferson, twenty months later, none the less, a declaration of independence.

The Provincial Congress

Salem, Massachusetts – October 5, 1774

Ninety men, who had been elected by their towns, met in the Salem courthouse — as the General Court.  They were waiting for General Gage to appear, though most knew, already, that he would not show up.  He had already dissolved his court.  The ninety, however, wished to demonstrate their willingness to work with the Crown, though, as far as they were concerned, they were there under the Charter.  Most had felt that this act was necessary to demonstrate their willingness to act under the Charter, as well as, to justify resorting to an alternate, illegal, government — understanding that civil government was both desirable, and, necessary for the function of their communities.

The next day, all of the delegates resolved themselves into a Provincial Congress.  No governor had sworn them in; no official body had sanctioned their authority.  Their authority had, for the first time, been sanctioned solely by the people who had sent them there.

Their first business was to elect officers.  John Hancock and Benjamin Lincoln were elected president and clerk, respectively.  They then adjourned to the second Tuesday in October — the date previously designated for that purpose.

Concord, Massachusetts – October 11 – 29, 1774

On 10:00 O’clock, Tuesday morning, October 11, the ninety delegates from the General court, along with 200 other delegates, selected by the various towns and counties, met at the Concord courthouse and reconvened the Provincial Congress.  Of the 260 towns then in Massachusetts, 209 had sent delegates.  This was a far greater participation than the General Court, even under the Charter, had ever inspired in Massachusetts.  The following week, the Congress moved to Cambridge, where the infrastructure was more able to accommodate this extremely large gathering.

The first orders of business included: procuring arms; raising money to pay for them; establishing civil government; and, establishing a military structure to support their resistance to the imposition of Parliament on their rights under the Charter.

On October 20, a committee “to consider what is necessary to be now done for the defence and safety of the province” was appointed, and met behind closed doors — to preserve military secrecy.

On October 24, another committee was appointed to determine “the most proper time for this province to provide a stock of powder, ordinance, and ordinance stores” for the Province.  Later, that day, their report was returned to the Congress — “Now was the proper time”.

On October 26, the military committee came back with their report.  The Congress, then, approved the following:

16 field pieces, 3 pounders, with carriages, irons,
&c.; wheels for ditto, irons, sponges, ladles,
&c.,     @ £ 30     £480 0 0

4 ditto, 6 pounders, with ditto,     @ £ 38     £152 0 0

Carriages, irons, &c., for 12 battering cannon,  @ £ 30     £360 0 0

4 mortars, and appurtenances, viz: 2 8-inch and 2 13-inch,     @ £ 20     £80 0 0

20 tons grape and round shot, from 3 to 24 lb.,     @ £15        £300 0 0

10 tons bomb‑shells,      @ £ 20     £200 0 0

5 tons lead balls,     @ £ 33     £ 165 0 0

1,000 barrels of powder,     @ £8     £8,000 0 0

5,000 arms and bayonets,     @ £2     £10,000 0 0

And 75,000 flints          £ 100 0 0

Contingent charges          £ 1,000 0 0

In the whole                          £20,837 0 0

The Congress had already suggested to the towns that any money due the government should be held.  On October 28, they appointed Henry Gardiner as Receiver-General, and directed the towns to remit any collected money to him.  It also encouraged all of the inhabitants to pay any taxes due, and all future taxes to be paid to Gardiner.

The Provincial Congress established a Committee of Safety with the power to “alarm, muster, and cause to be assembled” the militia, when necessary.  This Committee was also empowered to appoint new militia commandeers, while the men of each militia company were encouraged to elect new officers, if they had not already done so.

Finally, they directed all of the militia to “hold themselves in readiness, on the shortest notice from the said committee of safety, to march to the place of rendezvous”.

The Congress adjourned on October 29.  The Committee of Safety was instructed to sit in Cambridge, where it could keep an eye on the movement of the British troops.

Boston, Massachusetts – November 14, 1774

On October 3, General Gage wrote, “I don’t find that the Spirit abates any where, for it is kept up with great Industry…  I don’t suppose People were ever more possessed with Zeal and Enthusiasm.”

General Gage had been trying to have quarters built for his troops, and found that, “This refusal of all Assistance has thrown us into Difficulties, but I hope to get through them, and to be able to put the Troops under Cover, tho’ not so comfortably as I cou’d wish”.  Neither Boston carpenters, nor those from New York, would hire out to the British.  Boston, out of self-preservation, those from New York out of fear, if they should oppose the desires of the patriots who had taken over nearly the entire Province.

On October 17, General Gage was concerned over some rumors that had reached Boston:

There are various Reports spread abroad of the Motions made at the Provincial Congress, whilst at Concord, some, it’s said, moved to attack the Troops in Boston immediately, other to value the Estates in the Town, in order to pay the Proprietors the Loss they might sustain, and to set the Town on Fire.

By October 30, General Gage was extremely alarmed.  In his State of the Province report, he said:

Nobody here or at home could have conceived, that the Acts made for the Massachusett’s Bay, could have created such a Ferment throughout the Continent, and united the whole in one common Cause, or that the Country People could have been raised to such a pitch of Phrenzy…  If Force is to be used at length, it must be a considerable one, and Foreign Troops must be hired, for to begin with Small Numbers will encourage Resistance and not terrify; and will in the End cost more Blood and Treasure.  An Army of Such a Service should be large enough to make considerable Detachments to disarm and take in the Counties…

Many of their Leaders I apprehend mean to bully and terrify, and others to push Matters to extremity, puffed up by Hopes of Assistance from the whole Continent, and Certainty of the immediate Aid of the four New-England Provinces, which they flatter themselves are alone sufficient to withstand all the Force of Great Britain.  The People are told that the present Acts only lead to others which are to divide their Lands into Lordships, and tax them at so much Pr Acre…

I am concerned that Affairs are gone to so great a Length that Great Britain cannot yield without giving up all her Authority over this Country, unless some Submission is Shewn on the part of the Colonies which I have tried at here tho’ hetherto without Effect.  And Affaires are at such a Pitch thro’ a general union of the whole.  That I am obliged to use more caution than could otherwise be necessary, least all the Continent should unite in hostile Proceedings against us.

On November 2, he wrote, “I shall not be surprized, as the Provincial Congress seems to proceed higher and higher in their Determinations, if Persons should be Authorized by them to grant Commissions and Assume every Power of a legal Government, for their Edicts are implicitly obeyed throughout the Country.”

On November 14, General Gage was so frustrated at the inability to raise revenues (the counties and towns had deferred payment, and transferred the money to the Provincial Congress).  That he published this broadside, and had it published in the Boston newspapers:

PROVINCE of MASSACHUSETTS BAY

By the GOVERNOR

A PROCLAMATION

WHEREAS a Number of Persons unlawfully assembled at Cambridge, in the month of October last, calling themselves a Provincial Congress, did in the most open and daring Terms, assume to themselves the Powers and Authority of Government, independent of, and repugnant to his Majesty’s Government legally and constitutionally established within this Province, and tending utterly to subvert the same; and did amongst other unlawful Proceedings, take upon themselves to Resolve and direct, a new and unconstitutional Regulation of the Militia, in high Derogation of his Majesty’s royal Prerogative; and also to elect and appoint Henry Gardner Esq. of Stow, to be Receiver General, in the room of HARRISON GRAY Esq., then and still legally holding and executing that office; and also to order and direct the Monies granted to his Majesty to be paid into the Hands of the said Henry Gardner, and not to the said Harrison Gray Esqr., and further, earnestly to recommend to the Inhabitants of the province to oblige and compel the several Constables and collectors to comply with and execute the said Directions of the Law: all which Proceedings have a most dangerous Tendency to ensnare his Majesty’s Subjects, the inhabitants of this Province, and draw them into Perjuries, Riots, Sedition, Treason, and Rebellion.

For the Prevention of which Evils, and the calamitous Consequences thereof;

I have thought it my Duty to issue this Proclamation, hereby earnestly exhorting, and, in His Majesty’s Name strictly prohibiting all his liege Subjects within this Province, from complying, in any Degree, with the said Requisitions, Recommendations, Directions or resolves of the aforesaid unlawful assembly, as they regard his Majesty’s highest Displeasure, and wou’d avoid the Pains and Penalties of the Law. And I do hereby charge and command all justices of the Peace, Sheriffs, Constables, Collectors and other officers, in their several Departments, to be vigilant and faithful in the Execution and Discharge of their Duty in their respective offices, agreeable to the well known established Laws of the Land; and, to the utmost of their Power, by all lawful Ways and Means, to discountenance, discourage and prevent a Compliance with such dangerous Resolves of the above-mentioned, or any other unlawful Assembly whatever.

GIVEN at Boston this 10th Day of November in the Fifteenth year of the Reign of his Majesty, George the Third, by the Grace of God of Great Britain, France and Ireland, King Defender of the Faith, &c. Annoque Domini 1774.

THOs. GAGE By His Excellency’s Command,
Tho. FLUCKER, Secretary
GOD Save The KING

Brooklyne, Massachusetts – December 13, 1774

General Gage, becoming desperate to find a solution, made is next move on December 13.  John Andrews described the activity:

This morning the Welch fusiliers, together with a detachment from another regiment, form’d a body of 400 men, and equip’d with knapsacks &ca., march out of town as far as the punch bowl in Brooklyne, when they return’d again.  What this manoeuvre can be for, I cant imagine, other than to give the men an airing, or with a view to make frequent feints of the kind in order to familiarize the people to it, whereby in [the] future they may make an interruption into the country without creating any suspicion of their design, or possibly to make the Soldiers acquainted with the different roads near town.

On December 21, Andrews again reports, “two or three regiments continue to go out of town every day, sometimes to Cambridge, and other times to Dedham.”

Though General Gage’s intentions are unknown, if his desire was to pose a threat to the colonists, it had the reverse effect.  Resentment was building because of these unwarranted trespasses into the countryside.

Fort William and Mary, New Hampshire – December 14 – 15, 1774

On December 13, the Boston Committee of Safety directed Paul Revere to ride to Portsmouth, New Hampshire to advise the local patriots that the British were sending ships to Fort William and Mary to take arms, ammunition, and powder that was stored there.  At that time, there were only six soldiers at the fort.

On December 14, four hundred patriots overwhelmed the guard and made off with one hundred barrels of gunpowder.  The next day, an even larger crowd seized all of the muskets and sixteen cannon.  By the time the British ships arrived, all of the guns and powder had been taken and secreted in the countryside.

Boston, Massachusetts – February 24, 1775

On February 24, General Gage received an intelligence report.  That report provides insight into what Gage had to contend with, with regard to the activity in opposition to the royal government.

Committee of safety appointed by the Congress consisting of Hancock, Warren, Church, Heath and Gearey, these are to observe the motions of the Army, and if they attempt to penetrate into the Country, imedietly to communicate the intelligence to Colo. Ward, Colo. Bigelow, and Colo. Henshaw, who live in or near the Towns of Worcester, and Leicester.  Colo. Warren of Plymough and Colo. Lee of Marblehead, they are to send express’s round the Country to collect the Minute Men who are to oppose the troops.  These Minute Men amount to about 15,000 and are the picked Men of the whole body of Militia, and all properly armed.

There are in the Country thirty-eight Field pieces and Nineteen Companies of Artillery most of which are at Worcester, a few at Concord, and a few at Watertown.

There whole Magazine of Powder consisting of between Ninety and an Hundred Barrells is at Concord.

There are eight Field pieces in an old Store or Barn, near the landing place at Salem, they are to be removed in a few days, the Seizure of them would greatly disconcert their schemes.

Colo. Lee, Colo. Brine, Mr. Devons, Mr. Chever, Mr. Watson, and Moses Gill, are appointed a Committee of supply, who are to purchase all military stores, to be deposited at Concord and Worcester.

This intelligence made General Gage realize that he had better begin acting, before the situation got completely out of hand.  He had to begin asserting himself.

Salem, Massachusetts – February 26, 1775

Determined to forestall an appearance of submission to the activities of the patriots, General Gage opted to take a positive action.  He sent troops, by ship, to Marblehead, where they disembarked and began an overland march to Salem.  Their purpose was to seize the stores that the February 24 report indicated to be in Salem.

William Gavett, a Salem resident, provides a description of what transpired:

Colonel David Mason had received tidings of the approach of the British troops and ran into the North Church … during service in the afternoon, and cried out, at the top of his voice, “The British reg’lars are coming after the guns and are now near Malloon’s Mills.”  One David Boyce, a Quaker who lived near the church, was instantly out with his team to assist in carrying the guns out of the reach of the troops….

The northern leaf of the draw was hoisted when the troops approached the bridge, which prevented them from going any further.  Their commander, Col. Leslie…. then remarked to Capt. Felt, or in his hearing, that he should be obliged to fire upon the people on the northern side of the bridge if they did not lower the leaf.  Captain Felt told him if the troops did fire they would all be dead men, or words to that effect.  It was understood afterwards that if the troops fired upon the people, Felt intended to grapple with Col. Leslie and jump into the river, for, he said, “I would willingly be drowned myself to be the death of one Englishman …

The people soon began scuttling two gondolas which lay on the western side of the bridge, and the troops also got into them to prevent it.  One Joseph Whicher, the foreman in Col. Sprague’s distillery, was at work scuttling the colonel’s gondola, and the soldiers ordered him to desist, and threatened to stab him with their bayonets if he did not — whereupon he opened his breast and dared them to strike.  They pricked his breast so as to draw blood….

It was a very cold day, and the soldiers were without overcoats, and shivered excessively and shewed signs of being cold.  Many of the inhabitants climbed upon the leaf of the draw and blackguarded the troops.  Among them was a man who cried out as loud as possible, “Soldiers, red-jackets, lobster-coats, cowards, damnation to your government!” …

Colonel Leslie … said, “I will get over this bridge before I return to Boston, if I stay here till next autumn….  By God! I will not be defeated”; to which Captain Felt replied, “You must acknowledge you have already been baffled.”

in the course of the debate between Colonel Leslie and the inhabitants, the colonel remarked that he was upon the King’s Highway and would not be prevented passing over the bridge.

Old Mr. James Barr, an Englishman and a man of much nerve, then replied to him: “It is not the King’s Highway; it is a road built by the owners of the lots on the other side, and no king, country or town has anything to do with it.” …

Then the colonel asked Captain Felt if he had any authority to order the leaf of the draw to be lowered, and Captain Felt replied there was no authority in the case, but there might be some influence.  Colonel Leslie then promised, if they would allow him to pass over the bridge, he would march but fifty rods and return immediately, without troubling or disturbing anything.  Captain Felt was at first unwilling to allow the troops to pass over on any terms, but at length consented, and requested to have the leaf lowered down.  The troops then passed over and marched the distance agreed upon without violating their pledge, then wheeled and marched back again, and continued their march through North Street, in the direction of Marblehead.

A nurse named Sarah Tarrant, in one of the houses near the termination of their route, in Northfields, placed herself at the open window and called out to them: “Go home and tell your master he has sent you on a fool’s errand and broken the peace of our Sabbath.  What,” said she, “do you think we were born in the woods, to be frightened by owls?”  One of the soldiers pointed his musket at her, and she exclaimed, “Fire if you have the courage, but I doubt it.

Failing in their effort to seize the stores in Salem, the troops returned to Boston.

Boston, Massachusetts – April 12, 1775

General Gage had continued seeking intelligence on the activity of the patriots.  John Howe, a 22-year-old spy, provides us:

On April 5, 1775, General Gage called on me to go as a spy to Worcester to examine the roads, bridges and fording places, and to see which was the best route to Worcester to take an army to destroy the military stores deposited there.  Accordingly Col. Smith and myself dressed ourselves as countrymen with gray coats, leather breeches, and blue mixed stockings, with silk flagg handkerchiefs round our necks, with a small bundle tied up in a homespun checked handkerchief in one hand, and a walking stick in the other.  Thus equiped we set out like countrymen to find work,

At one point, he noticed what he described as “the largest tree I ever saw.  He asked a local what kind of tree it was.  The response:

He said buttonwood, and further said that the people were going to cut it down to stop the regulars from crossing with their cannon.  I asked him how they would know when the regulars were coming in time enough to cut the tree down.  He said they had men all the time at Cambridge and Charlestown looking out.  This tree would completely blockade the road should they do it.

He continues:

The general said, “John, we have examined your journal; you are well deserving the name of a good soldier and a lucky and expert spy.  How large an army will it take to go to Worcester and destroy the stores and return safe?”  By answering that question I must stand or fall, but I was determined to give my opinion in full, turn as it would.  I said, if they should march 10,000 regulars and a train of artillery to Worcester, which is forty-eight miles from this place, the roads very crooked, stony and hilly, the in­habitants generally determined to be free or die, that not one of them would get back alive…  The general asked me what I thought of destroying the stores at Concord, only eighteen miles.  I stated that I thought 500 mounted men might go to Concord in the night and destroy the stores and return safe; but to go with 1000 foot to destroy the stores the country would be alarmed; that the greater part of them would get killed or taken.

If Howe’s recollection of his advice to General Gage is accurate, we probably have Gage to thank for not heeding it.  Had he gone with the “500 mounted men”, only God knows how history would have been recorded.

Boston, Massachusetts – April 14, 1775

General Gage received correspondence from Lord Dartmouth, which informed him that 700 marines, three infantry regiments, one regiment of light dragoons, and, financial support for the existing force in Boston, were on the way.  He went on, “It is hoped… that this large Reinforcement to your Army will enable you to take a more active & determined part….  The King’s Dignity, & the Honor and Safety of the Empire, require, that…  Force should be repelled by Force.”

This letter, in no uncertain terms, required that General Gage begin acting in an aggressive capacity to quash the growing movement.  With the additional forces, he should be able to overcome the previous limitations — for want of troops.

With this encouragement, and veiled threat, General Gage would have to act.  He opted to send one thousand men, on foot, to destroy, or capture, the stores at Concord.  Thus, the course of history was set.

Concord, Massachusetts – April 19, 1775

Just eight months after the farmers in Worcester began thwarting the imposition of the Massachusetts Government Act, events, that evolved far more from the activities of the countrymen, outside of Boston, than from the words of those within that besieged city, culminated in the end of the Revolution and the beginning of the War of Independence.

The End of the Revolution

When the infamous “Stamp Act” was imposed upon the colonists, in 1775, there began an era of oppression and retaliation. The oppression came in various forms, primarily, through Acts of the Parliament.

The retaliation came in a constantly escalating endeavor by the colonists to impede the effect of the Acts of Parliament.

Initially, the retaliation took the form of “non-consumption”. Items that were taxed, to repay the debt incurred by the French-Indian War, were not purchased. Occasionally, more aggressive retaliation came in the form of tarring and feathering tax collectors. This activity did result in the death of an occasional tax collector, and, often tax collectors homes and offices would be torn down., though this ‘violence’ was nothing, compared to what was to come.

It wasn’t until the Boston Tea Party that overt acts of violence, though the violence was strictly limited to only the tea and the chests that it was stored in, were committed.

Our textbook history pretty much limits explanations of overt acts to the Tea Party, until April 19, 1775.

As you have seen, however, that threats of violence, or even death, and frequent destruction of private property, was rampant, in those months leading up to the end of the Revolution.

History, after all, does have very much to teach us.

[Note: Much of the information in the foregoing article is contained in “The First American Revolution”, by Ray Raphael (ISBN 1-56584-730-X). Documentation for quoted portions may be found in that book.]

APPENDIX

Massachusetts Government Act

[pertinent parts]

May 20, 1774

AN ACT for the better regulating the government of the province of the Massachusetts Bay, in New England.

WHEREAS the method of electing such counsellors or assistants, to be vested with the several powers, authorities, and privileges, therein mentioned, … in which the appointment of the respective governors had been vested in the general courts or assemblies of the said colonies, hash, by repeated experience, been found to be extremely ill adapted to the plan of government established in the province of the Massachusetts Bay … , and hath … for or some time past, been such as had the most manifest tendency to obstruct, and, in great measure, defeat, the execution of the laws; to weaken the attachment of his Majesty’s well disposed subjects in the said province to his Majesty’s government, and to encourage the ill disposed among them to proceed even to acts of direct resistance to, and defiance of, his Majesty’s authority: And it hath accordingly happened, that an open resistance to the execution of the laws hath actually taken place in the town of Boston, and the neighbourhood thereof, within the said Province: And whereas it is, under these circumstances, become absolutely necessary, … that the said method of annually electing the counsellors or assistants of the said Province should no longer be suffered to continue, but that the appointment of the said counsellors or assistants should henceforth be put upon the like footing as is established in such other of his Majesty’s colonies or plantations in America, the governors whereof are appointed by his Majesty’s commission, under the great seal of Great Britain: Be it therefore enacted …, that from and after August 1, 1774, so much of the charter … [of 1691] … which relates to the time and manner of electing the assistants or counsellors for the said province, be revoked, … and that the offices of all counsellors and assistants, elected and appointed in pursuance thereof, shall from thenceforth cease and determine: And that, from and after the said August 1, 17 74, the council, or court of assistants of the said province for the time being, shall be composed of such of the inhabitants or proprietors of lands within the same as shall be thereunto nominated and appointed by his Majesty . . , provided, that the number of the said assistants or counsellors shall not, at any one time, exceed thirty six, nor be less than twelve.

II

And it is hereby further enacted, That the said assistants or counsellors, so to be appointed as aforesaid, shall hold their offices respectively, for and during the pleasure of his Majesty….

III

And be it further enacted …, That from and after July 1, 1774, it shall and may be lawful for his Majesty’s governor for the time being of the said province, or, in his absence, for the lieutenant governor, to nominate and appoint, under the seal of the province, from time to time, and also to remove, without the consent of the council, all judges of the inferior courts of common pleas, commissioners of Oyer and Terminer, the attorney general, provosts, marshals, justices of the peace, and other officers to the council or courts of justice belong….

VI

And be it further enacted …, That, upon every vacancy of the offices of chief justice and judges of the superior court of the said province, from and after July 1, 1774, the governor for the time being, or, in his absence, the lieutenant governor, without the consent of the council, shall have full power and authority to nominate and appoint the persons to suceed to the said offices, who shall hold their commissions during the pleasure of his Majesty …;

VII

And whereas, by several acts of the general court, … the freeholders and inhabitants of the several townships, districts, and precincts, qualified, as is therein expressed, are authorized to assemble together, annually, or occasionally, upon notice given, in such manner as the said acts direct, for the choice of selectmen, constables, and other officers, and for or the making and agreeing upon such necessary rules, orders, and byelaws, for the directing, managing, and ordering, the prudential affairs of such townships, districts, and precincts, and for other purposes: and whereas a great abuse has been made of the power of calling such meetings, and the inhabitants have, contrary to the design of their institution, been misled to treat upon matters of the most general concern, and to pass many dangerous and unwarrantable resolves: for remedy whereof, be it enacted, that from and after August 1, 1774, no meeting shall be called by the select men, or at the request of any number of freeholders of any township, district, or precinct, without the leave of the governor, or, in his absence, of the lieutenant governor, in writing, expressing the special business of the said meeting, except the annual meeting in the months of March or May, for the choice of select men, constables, and other officers, or except for the choice of persons to fill up the offices aforesaid, on the death or removal of any of the persons first elected to such offices, and also, except any meeting for the election of a representative or representatives in the general court; and that no other matter shall be treated of at such meetings…

END

* * * * * * * * * * * * *

On on-line version can be found at: Hidden History #3 – The End of the Revolution and the Beginning of Independence

PDF file of this article: The End of the Revolution and the Beginning of Independence (PDF)

Some Thoughts on the 27th Amendment

When we look at the failure of the legislative and judicial branches of government, we must fully understand that though only few instances fully demonstrate the failure of the two branches, that the disease that those failures represent, and, that we can ‘expose,’ are demonstrative of the systemic failure of the government’s willingness to be responsible to both the Constitution and the People.

******************************

The 27th Amendment

 

Gary Hunt,
Outpost of Freedom
December 10, 2002

This Constitution … shall be the supreme Law of the Land…”

Constitution, Article VI, clause 2

“… Amendments… shall be valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States…”

Constitution, Article V

“No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

Constitution, 27th Article in Amendment

The Senators and Representatives shall receive a Compensation for their Services, to be ascertained by Law, and paid out of the Treasury of the United States….”

Constitution, Article I, Section 6, clause 1

James Madison acknowledged (in Federalist Papers #62) the necessity that all laws be written such that they could be understood by all men. There can be little doubt that the Constitution is absent the legalese, which has become so common in the enactments and resultant bureaucrat’s interpretations, of the current proliferation of legislation. Can we, however, accept that what is written in such language as can leave no doubt in any normal mind does not mean what it appears to say?

As we all know and which is self-evident, any law is based upon intent. The legislative intent is often referred to, in court, so as to determine what was intended by the legislation. It would leave little to law if any set of words were left to the best argument. Instead, we must, as a nation of law, rely upon what was intended rather than that which someone would have us believe the words to mean.

When James Madison (yes, the very same one who wrote FP 62) submitted this amendment into the assortment of twelve, from which ten were selected to form the Bill of Rights, surely, he concerned himself with the thought that many who aspire to power also aspire to greed.

27th Article in Amendment “No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.”

The 27th Amendment to the Constitution was ratified on May 7, 1992. Isn’t it interesting that the states that blew the dust off of and ratified a two-hundred year old proposed amendment to the Constitution saw the necessity to do so? I suppose that they knew, or finally realized, what Madison knew then.

Even more interesting is the insight the politicians in Washington had. According to Judges Newman and Rader, in a Dissenting Opinion in the United States Court of Appeals for the Federal Circuit [Williams, et al v. United States – 99-1572, 00-1254,-1255], “Congress knew that ratification was imminent and that the amendment would prevent COLA [Cost of Living Allowance – 101 P.L. 194, 103 Stat. 1716, Title XI (2001)] provisions from taking effect during future congressional terms in which they became effective.” They, therefore, enacted a 25% pay raise and annual COLA raises before the Amendment could be ratified. You see, it is clear, at least in the eyes of these two judges, and, probably, the entire court, that there was intent to circumvent the upcoming ratification of the 27th Amendment.

The case, by the way, was decided that there was nobody with standing to bring the enforcement of the 27th Amendment before the court – including a member of Congress. The initial action was brought by a taxpayer, a state Senator who had voted to ratify and a Congressman. After the first appeal, only the Congressman was considered to have standing to bring suit. The final appeal left even him without standing. This makes it easy to understand why the COLA enactment also included federal judges. They didn’t want their COLA to be questioned along with that of Congress. So, we have a Statute which appears to be in conflict with a Constitutional Amendment, but, nobody can bring the matter before the Supreme Court.

Now, many other government employees are also covered by the COLA enactment. Among them, the Government Printing Office, in their ‘publication’ on the 27th Amendment, they say, “Now that the provision is apparently a part of the Constitution, it will likely play a minor role. What it commands was already statutorily prescribed…”

So, what we have had the government (administrative, legislative and judicial branches) say to us is that a Cost of Living raise is not a raise in pay; that if it were, nobody could challenge, in court, the law that preceded the Amendment – even though in conflict; and, that Congress, unless they vote down (not voted down seven of the last twelve years) their annual raise, they will receive it, even though in obvious violation of the intent of the Amendment — an increase in compensation.

Even more interesting is the fact that changes in the cost of living are a result, in part, at least, of the ineptness of Congress in managing the country. It is also a result of their violation of another provision of the Constitution (Article I, Section 10, clause 1) which requires that the state may not “make any Thing but gold and silver Coin a Tender in Payment of Debts.” Since we are no longer even allowed to own gold and silver to pay debts, we are subject to inflation which is a result of, and common to, any form of fiat currency (Federal Reserve Notes). The inflation, which is a result of disobedience of the Constitution, has resulted in the necessity to even consider Cost of Living as a factor in maintaining one’s purchasing power. They (Congress) and their employees are assured, at our expense, of not having their purchasing power diminished. Unfortunately, in our sustaining their coffers, we don’t have the means to offset inflation – resulting in a diminishing of our purchasing power.

Have you given your consent?
Or, have you been divested by the government?

http://www.committee.org

For a list of states that ratified the 27th Amendment, go to A table of the dates of ratification of the Constitution and various amendments and pay particular attention to New Jersey and Michigan.

 

Two classes of Citizen

Two classes of Citizen

Gary Hunt
Outpost of Freedom
April 2, 2009
Let’s begin by understanding what some words mean:

Definition of United States:

Blacks Law Dictionary, Fifth Edition

United States.  The term has several meanings.  It may be merely the name of the sovereign occupying the position analogous to that of other sovereigns in the family of nations, it may designate territory over which sovereignty of the United States extends, or it may be collective name of the states which are united by and under the Constitution.  [Hooven & Allison Co. v. Evatt, U.S.Ohio, 324 U.S. 652, 65 S.Ct. 870, 880, 89 L.eEd. 1252.]

So, we have:

a)     name of the sovereign occupying the position analogous to that of other sovereigns in the family of nations

b)    designate territory over which sovereignty of the United States extends

c)    collective name of the states which are united by and under the Constitution

So, when we look at Constitution, Art. II Sec. 1 Cl. 5, we will find:

“No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President;”

We need to understand that at this point in our history, every citizen was a citizen of one of the States of the Union (definition “c”).  The Constitution granted Congress the power to “To establish an uniform Rule of Naturalization”, but made no other provision which would allow the United States to have its own citizens.  There would be no need for uniformity if the government were in charge of naturalization; rather, a uniform rule had to be established to apply to the Member States and their naturalization of citizens.  Basically, there was no ground (except the proposed ten miles square) which would constitute a place for citizens to exist, except in the respective states.

Further, Article III, Sec. 2 provides that the supreme Court has judicial power extending to all cases “… between a State and Citizens of another State;{9}–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”

And, Article IV, Sec 2 provides that “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States,” again, implying only that state Citizens exist.  Note that “of each State” is different, grammatically, than ‘in each state’.  The “of” denotes “that from which anything proceeds; indicating origin, source, [and] descent” [Black’s Law Dictionary, 5th Edition].

It wasn’t until the dilemma of what to do with the guests, recently freed by the Slavery Amendment occurred that a solution needed to be found.  The Fourteenth Amendment was ratified, under pressure to the Southern States, to create a class of citizen which would provide for those recently freed.

The Fourteenth Amendment reads, in part:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

Interestingly, the Constitution first sets forth the concept of “subject to the jurisdiction of” in that Amendment.  Though I can’t find it, now, I read an assessment of that portion of the Fourteenth that seemed to support that those “orphans” of the war (the freed slaves) went from chattel to persons and, since the states did not allow them citizenship, they became ‘property” of the United States (subject to the jurisdiction of).  That aside, however, since I can’t find support for it, but offer it only as a consideration, along with the rest of what will be presented to demonstrate the point.

It also sets forth, for the first time, a concept of dual citizenship. “[C]itizens of the United States and of the State wherein they reside” clearly gives us two jurisdictions of which those affected by the Amendment are included.  The United States (probably “b”, though the cases I will cite are silent as to which it is) and the State (“c”).

So, for the first time in our history we have a citizen of the United States and a citizen of a State – dual citizenship.

This begs the question as to whether this imposition of dual citizenship applies to people who would otherwise be citizens – absent the Amendment.  Obviously, citizens of the States existed prior to the ratification, and, since the Amendment does not remove anything that previously existed (repeal an existing law), it would appear that those who were not within the described realm (subject to the jurisdiction thereof) are not subject to the imposition of the dual citizenship status.

It is also interesting to note that subsequent to the Fourteenth Amendment, there is no reference to state citizens, even though the Fourteenth had reaffirmed the existence of that entity.  Is it possible that the subsequent amendments do not apply to those who are state citizens?

Going back to the first cases decided based on citizenship and the Fourteenth Amendment, we find:

Slaughterhouse Cases, 16 Wall. 74 (1873).

“We have in our political system a government of the United States and a government of each of the several States. Each one of these governments is distinct from the others, and each has citizens of its own who owe it allegiance, and whose rights, within its jurisdiction, it must protect. The same person may be at the same time a citizen of the United States and a citizen of a State, but his rights of citizenship under one of these governments will be different from those he has under the other.”

U S v. CRUIKSHANK, 92 U.S. 542 (1875)

Citizens are the members of the political community to which they belong. They are the people who compose the community, and who, in their associated capacity, have established or submitted themselves to the dominion of a government for the promotion of their general welfare and the protection of their individual as well as their collective rights. In the formation of a government, the people may confer upon it such powers as they choose. The government, when so formed, may, and when called upon should, exercise all the powers it has for the protection of the rights of its citizens and the people within its jurisdiction; but it can exercise no other. The duty of a government to afford protection is limited always by the power it possesses for that purpose.

* * * * *

The people of the United States resident within any State are subject to two governments: one State, and the other National; but there need be no conflict between the two. The powers which one possesses, the other does not. They are established for different purposes, and have separate jurisdictions. Together they make one whole, and furnish the people of the United States with a complete government, ample for the protection of all their rights at home and abroad. True, it may sometimes happen that a person is amenable to both jurisdictions for one and the same act. Thus, if a marshal of the United States is unlawfully resisted while executing the process of the courts within a State, and the resistance is accompanied by an assault on the officer, the sovereignty of the United States is violated by the resistance, and that of the State by the breach of peace, in the assault. So, too, if one passes counterfeited coin of the United States within a State, it may be an offence against the United States and the State: the United States, because it discredits the coin; and the State, because of the fraud upon him to whom it is passed. This does not, however, necessarily imply that the two governments possess powers in common, or bring them into conflict with each other. It is the natural consequence of a citizenship which owes allegiance to two sovereignties, and claims protection from both. The citizen cannot complain, because he has voluntarily submitted himself to such a form of government. He owes allegiance to the two departments, so to speak, and within their respective spheres must pay the penalties which each exacts for disobedience to its laws. In return, he can demand protection from each within its own jurisdiction.

 

Each within its own jurisdiction?  Interesting how the feds seem to have expanded their jurisdiction to wherever they want it to be.

This next case, in the United States supreme Court, deals with a person, over forty years after the ratification of the 14th Amendment, who was compelled to testify against himself in a New Jersey court.  He was convicted, and appealed to the New Jersey Supreme Court.  The conviction was upheld and the case then went to the United States supreme Court.

Though the court did not address the issue of state citizenship, directly, the jurisdiction of the New Jersey court where the trial was held had determined that, since the defendant was a state citizen, and not a federal citizen under the 14th Amendment, the extension of portions of the Constitutional requirements being imposed on the states by the 14th Amendment did not apply in this case.  This left the Defendant (petitioner) without the protection afforded by the 14th Amendment, and subject to the laws, as they existed in New Jersey, without regard to the 14th.  The supreme Court upheld the lower court.

I will include excerpts from the record which demonstrate the status of the defendant and the court’s indirect agreement to the absence of a nexus to the 14th Amendment. This is supported by both the Court’s opinion and the dissenting opinion – leaving no doubt that there are the two classes of citizen.

TWINING v. STATE OF NEW JERSEY, 211 U.S. 78 (1908)

Mr. Justice Moody, after making the foregoing statement, delivered the opinion of the court:

* * *

It was argued, inter alia, that the statute abridged the privileges and immunities of the plaintiffs in error as citizens of the United States, and the particular privilege which was alleged to be violated was that of pursuing freely their chosen trade, business, or calling. The majority of the court were not content with expressing the opinion that the act did not in fact deprive the plaintiffs in error of their right to exercise their trade (a proposition vigorously disputed by four dissenting justices), which would have disposed of the case, but preferred to rest the decision upon the broad ground that the right asserted in the case was not a privilege or immunity belonging to persons by virtue of their national citizenship, but, if existing at all, belonging to them only by virtue of their state citizenship. The 14th Amendment, it is observed by Mr. Justice Miller, delivering the opinion of the court, removed the doubt whether there could be a citizenship of the United States independent of citizenship of the state, by recognizing or creating and defining the former. ‘It is quite clear, then,’ he proceeds to say (p. 74), ‘that there is a citizenship of the United States and a citizenship of a state, which are distinct from each other and which depend upon different characteristics or circumstances in the individual.’ The description of the privileges and immunities of state citizenship, given by Mr. Justice Washington in Corfield v. Coryell, 4 Wash. C. C. 371, Fed. Cas. No. 3,230, is then quoted, approved, and said to include ‘those rights which are fundamental,’ to embrace ‘nearly every civil right for the establishment and protection of which organized government is instituted,’ and ‘to be the class of rights which the state governments were created to establish and secure.’ This part of the opinion then concludes with the holding that the rights relied upon in the case are those which belong to the citizens of states, as such, and are under the sole care and protection of the state governments. The conclusion is preceded by the important declaration that the civil rights theretofore appertaining to citizenship of the states and under the protection of the states were not given the security of national protection by this clause of the 14th Amendment.

* * *

Due process requires that the court which assumes to determine the rights of parties shall have jurisdiction. [The New Jersey court, since the defendants were State Citizens]

* *

Much might be said in favor of the view that the privilege was guaranteed against state impairment as a privilege and immunity of national citizenship, but, as has been shown, the decisions of this court have foreclosed that view.

* *

We do not pass upon the conflict, because, for the reasons given, we think that the exemption from compulsory self-incrimination in the courts of the states [as a State Citizen] is not secured by any part of the Federal Constitution. [Final reason for the decision was an absence of jurisdiction, since the defendants did not come under the 14th Amendment]

* *

Mr. Justice Harlan, dissenting:

* *

That Amendment, it was long ago decided, operated as a restriction on the exercise of powers by the United States or by Federal tribunals and agencies, but did not impose any restraint upon a state or upon a state tribunal or agency. The original Amendments of the Constitution had their origin, as all know, in the belief of many patriotic statesmen in the states then composing the Union, that, under the Constitution, as originally submitted to the people for adoption or rejection, the national government might disregard the fundamental principles of Anglo-American liberty, for the maintenance of which our fathers took up arms against the mother country. [Harlan argues that the protection against self incrimination is inherent in the due process clause, and applies regardless of the 14th Amendment]

The matter of state citizenship has not been brought before the supreme Court, for many years. There are probably two reasons for this:
1) That, as stated above, “as has been shown, the decisions of this court have foreclosed that view”
2) That most subsequent cases (all that I have found) deal, specifically, with Amendments which were ratified after the Fourteenth, and deal with privileges granted to US citizens, such as suffrage, civil rights, etc.

Based upon the above, can there be any doubt that there are, in fact and in law, two classes of citizen in the United States; And, that one can be of one class, the other class, or both classes?

About Ashwander v. TVA

About Ashwander v. TVA

 

Gary Hunt

Outpost of Freedom

January 9, 2006

 

There has been s lot of discussion about Agencies, immunity, privilege, etc., and much of each argument has merit. So far, however, I haven’t seen any discussion on how the nature of the person and the court is established, and then, by what rules that relationship proceeds.

 

Many years ago, I became aware of what I believe to be the most damning of the Supreme Court decisions – at least, with regard to our liberties (rights, too!). In fact, a few of us coined a term to reflect what had happened when you found yourself without recourse. “Ashwanderized” was the term, and how we got to be Ashwanderized became the subject of study.

 

Before I continue, I will mention an instance where I had forgotten all about this aspect (due to the urgency of the situation, I think) and found myself, and others, beaten by this omission. The Court (Judge Walter Smith) ruled that we “had not exhausted all administrative remedies”, therefore he was denying our Emergency Petition for Writ of Mandamus. Unfortunately, the Bar attorney, acting in a non-bar capacity, was not versed on this matter and it did not occur to me. We pondered what remedies we had failed to pursue, and it wasn’t until it was too late that it occurred to me that we had not taken precautions against this eventuality.

 

I have, however, understanding Ashwander, managed to use Habeas Corpus to remove myself from jurisdiction. This came to me one evening, facing court the next morning, while pondering the question, “How do I get myself into Common Law jurisdiction? I realized that it was not Common Law that I wanted to get into, rather it was Common Law that I wanted to get out of.

 

That aside, for now, below are the seven (7) rules developed by the Supreme Court in dealing with Ashwander v. T.V.A. [297 U.S. 288 (1936)]. Though all are damning, to a degree, with regard to the current subject, pay particular attention to #4 and #6.

 * * *

MR. JUSTICE BRANDEIS, concurring.

“The Court developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision.

 

They are:

 

“1. The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions ‘is legitimate only in the last resort, and as a necessity in the determination of real, earnest, and vital controversy between individuals…

 

“2. The Court will not ‘anticipate a question of constitutional law in advance of the necessity of deciding it… ‘It is not the habit of the court to decide questions of a constitutional nature unless absolutely necessary to a decision of the case…

 

“3. The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied….

 

“4. The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. This rule has found most varied application. Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter… Appeals from the highest court of a state challenging its decision of a question under the Federal Constitution are frequently dismissed because the judgment can be sustained on an independent state ground…

 

“5. The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation… Among the many applications of this rule, none is more striking than the denial of the right of challenge to one who lacks a personal or property right…

 

“6. The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits…

 

“7. ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided…

* * *

 

It would appear that a public servant, who felt that his duties violated the Constitution, could not get the Court to make a determination as to the Constitutionality of that duty. For example, if one of Hitler’s SS troops felt that he was being told to do something that he perceived as a violation of the Constitution, he would have no standing to ask the Court for a determination. He would be compelled, by law, to “just do his job”. (Number 5)

 

Once a person seeks a benefit from an agency (Social Security, Internal Revenue Service, Department of Motor Vehicles, Welfare, Child Protective Services, etc.), he is no longer protected by the Constitution, for the supreme Court will rule that, since he has availed himself of its benefits, he is bound by that agency’s rules (number 6)

 

The First Amendment, Bill of Rights: “Congress shall make no law respecting … the right of the people peaceably … to petition the Government for a redress of grievances.

In effect, the Court has removed itself as a means of ‘redress of grievances, by allowing itself to ‘rule’ that they will not answer questions regarding the Constitutionality of laws, enactments, or rules promulgated by agencies (whether in violation of the Constitution, or not).

 

 

If you read the entire case, you will see that it hinges on Administrative Agencies. Basically, if anybody has sought a benefit from an Administrative Agency, they have developed a relationship with the agency. In so doing, it has accepted the rules (statutory construction or general law, see #4) that the agency has adopted. This allows the court to sidestep reviewing the Constitutionality of the matter (see #6).

It should be easy, after reading the above, to begin to understand what has happened to “privileges and immunities.” They are still there, though they are difficult to find.

 

Gary Hunt,

Outpost of Freedom

http://www.outpost-of-freedom.com

 

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post referred to at:

 

http://www.Thedailybell.com/1234/Ron-Holland-Back-To-the-Articles.html

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