Factions — The Chains of Oppression – Part I

The Greatest Obstacle to Restoration of Constitutional Government

Gary Hunt
Outpost of Freedom
August 25, 2011
This is Part I of IV Parts

Factions

Factions are rather interesting, though often ignored by most, in the world we live in.  Factions are “somebody else”, and we, individually, have no part in them, except those that we are a part of — though we don’t really see them as factions, only truth.  We know what we believe; we know our moral values; we know what right and wrong are; we know what we want to know; everybody else is, if they don’t agree with us, simply wrong.

So, let’s begin by understanding what a faction is.

Webster’s 1828 Dictionary:

A party, in political society, combined or acting in union, in opposition to the prince, government or state; usually applied to a minority, but it may be applied to a majority. sometimes a state is divided into factions nearly equal.

… whether amounting to a majority or minority of the whole, who are united and actuated by some common impulse of passion, or of interest, adverse to the rights of other citizens, or to the permanent and aggregate interests of the community.

Or, the more simplistic:

A group of persons forming a cohesive, usually contentious minority within a larger group.

Factions are, however, a way of life.  We are all in factions and in many different areas.

For the most part, people perceive, with very few exceptions, that there are two political factions in this country; Democrats/Liberals, and, Republicans/Conservatives.  What the political philosophies of the two “factions” are is inconsequential, at least at this point, to the discussion.  The point to be made here is that we have perceived that there are only two factions, and anything else is hardly worthy of our consideration.

With regard to other aspects of our lives and our society, there are minor factions that we see, all of the time.  For example, the queer community is recognized as a faction, though most fail to recognize that there is a large faction, which is opposed to the smaller, recognized, faction.  That larger faction is those of us who, whether Christian, or not, understand the necessity for moral values and standards within a country.

However, legislation, political correctness, and/or influence through the press tend to either render illegal, or, at least minimally subject those who are a part of that larger faction, to ridicule for expressing themselves, in dispute with the faction’s principles.

The net effect is to render that larger faction as inconsequential, or illegitimate, providing a strong platform for the assertion of the values of the lesser faction, even to the point of additional legislation on their behalf.

Factions in history

We can look at history, and around the world, today, and see the affect of factions.

Let’s start by looking at revolutions.  After all, there have been many revolutions throughout history, though there has only been one that provided a rather smooth transition of government.  And all of them have been lead by factions — sometimes one, sometimes multiple, and, sometimes, begun by one faction where another faction became dominant before the job was done.

The French Revolution began in 1789, the same year that our Constitution became the framework of our own government.  That revolution lasted for a number of years, and during the entire course of it, the control of government passed from hand to hand, each hand being the one that, at any given time, had the most influence and power.  Often, those in power for the moment would require the execution (guillotine) of someone that was a partner in power, just months before.  The groundwork was laid, as the Revolution needed, to restore monarchy and the emperor, Bonaparte (twice).  So much for a smooth transition.

The Russian Revolution began in 1917.  The Mensheviks began the turmoil, and, eventually, the Bolsheviks gained control.  Then, the Bolsheviks became factionalized, Red verse White, leading, eventually, to Lenin obtaining power.  Again, not a very smooth transition.

Revolutions, at least those of the ordinary sort, tend to have factions that vie for power, even while the revolution is going on.  The resultant government is, generally, unstable and retains its authority by force.

Today, we see the beginnings of revolution in Egypt, Lebanon, Syria, Libya, and Yemen.  These “street” revolutions are lead by factions.  Most often those factions have a religious foundation, though often, there are factions within a religious group, of an ethnic nature.  There can be little doubt that the stronger faction will take control, though the conflict will not cease — until the opposition is exiled, imprisoned, or killed.

Factions in the United States

So that we can put in perspective the factions and the roles that they play in the maintenance of a country, or its destruction, we must first understand just what factions exist, what their role is, and whether they are acceptable, in terms of maintaining the United States of America, as intended.

In a recent series of articles (“We the People’, but, who are We?” – five Parts, linked to Part I), a review of the Founding documents, subsequent amendments, and, Supreme Court Decisions, provides us an understanding of just who “We the People” are, and, as Justice Taney described in one Decision, that this country is only for these “We the People”, but for no one else”.

Now, right there, with that last statement, I would expect that many would cringe and began to react in accordance with the decades of conditioning that we have been subjected to.  After all, haven’t we been raised to believe that this country was made for anybody who wants to come here, for any reason, even if their purpose is to change the nature and purpose of what the Founders willingly gave their lives for?  But, is it in the best interest of this country, our future, and our progeny, to accept that what was created just over 200 years ago should fall prey to changes which will destroy that which is our birthright?

So, let’s begin by understanding that though there may be smaller factions, with their own respective interest and objectives, that there is, and should be, a Principle Faction — upon which all else is subordinate.

Principle Faction

As explained in the “We the People” series, there are two classes of people that comprise the Principle Faction.  These are those who are described as the cause and purpose of the existence of the United States and its Constitution; and, those who were made citizens, though not fully empowered with the rights inherent within the Constitution, through the enactment of the Fourteenth Amendment, and are, or should be, of the Principle Faction.

However, within both of these classes, there may be many who, though of the nature and class of “We the People” or citizens of the United States, for other reasons, reject the principles upon which the country was founded.  These, though they may have rights, privileges and immunities, as described in that series, that do not adhere to the principles are no more a part of the Principle Faction as one who joins an organization to change its nature.

Absent adherence to the Constitution and the principles upon which it was founded, makes one a citizen by birth, though a traitor by attitude — as much as any spy who endeavors to subvert the country by his actions.

Subordinate, or lesser, factions

Factions are created when a significant number of people, having similar ideologies or purposes, realize that they are sufficient in number to create a “body politic” to champion their purpose.

That purpose can take two forms; First, to achieve a recognition, though in so doing, not to affect the Constitution, the laws, or obtain any favor other than those enjoyed by all of the people; Second, to achieve recognition for the purpose of political gain, changing of laws, and obtaining favor that is not enjoyed by others.

The former has existed in this country throughout its history, and is comprised of people who were born into or have assimilated into the American culture — without intentions of changing that culture.

The latter, on the other hand, is inclined to adapt the culture to his beliefs, to effect change that is inconsistent with that which the Founders gave us, and, will often employ the pretense of Constitutional right, though the result will be the diminishment of the rights of others, in favor of their object, whether financial, legal, or both.  They choose not to assimilate, rather, to force change upon the Principle Faction and force that Faction to subordinate to their will.

Now, as we begin to look at lesser factions (any subordinate to the Principle Faction), they will come under two categories.  First will be those who are not in serious conflict with the Principle Faction.  Second, those who are in conflict with the Principle Faction.

“We the People”, but, Who are We? – Part V

Gary Hunt
Outpost of Freedom
August 3, 2011

In Part I, we established what the Supreme Court determined to be “We the People”, or, “citizens of the United States”, prior to the ratification of the Fourteenth Amendment.

In Part II, we saw that the Fourteenth Amendment conferred to those not of “We the People”, regardless of prior status, a new class of people who are granted “privileges and immunities”, though not the rights inherent with “We the People”.

In Part III, we see that within a few years of ratification of the 14th Amendment, the Supreme Court confirms that “rights” were not conveyed by that Amendment.

In Part IV, we found that the Supreme Court did recognize that there was a difference between a citizen of a state and a citizen of the United States, and that the latter was protected (jurisdiction existed) by the Fourteenth Amendment and to the former, it did not (no jurisdiction).

Now, we will move forward, 56 years, to 1964, to a case that reaffirms the classes of citizen, though begins to erode the protections previously provided to citizens of the United States.

The case is Malloy v. Hogan, 378 U.S. 1, and involves a discussion by the Court of just which Amendments (Bill of Rights) are extended to those who seek protection under the Fourteenth Amendment, when it says:

“It was on the authority of that decision that the Court said in 1908 in Twining v.  New Jersey, supra, that “it is possible that some of the personal rights safeguarded by the first eight Amendments against National action may also be safeguarded against state action, because a denial of them would be a denial of due process of law.”

So, the question that arose in this case is, to what extent does the Fourteenth Amendment apply to the protection of rights, and, which rights are protected.  It redefines what was said in Twining, and requires that any right being protected “be a denial of the due process of law“.  This is a simple paraphrase of “the equal protection of the laws”, from the Fourteenth Amendment.  So, it simply expands that singular authority to include speech, press, and other rights within the first eight amendments, so long as “due process” can be brought into the equation.

It did not, however, even begin to address anything that would remove, or affect, the nature of the two classes of citizen.  They remain unimpaired and intact.

Since the Courts will use a stepping stone process in “revising” laws to a more modern “interpretation”, Malloy afforded the Court the opportunity to undermine the distinction between the two classes.  However, they chose not to walk upon that sacred ground.  Their absence of comment on the two classes leaves that distinction intact.

So, we can see that from Dred Scott (Part I), in 1854, the Court established a foundation of this country as being built upon, by, and for, a certain class of people.  This is probably best defined by the wording of Justice Taney, in that decision, to wit:

“It is true, every person, and every class and description of persons, who were at the time of the adoption of the Constitution recognised as citizens in the several States, became also citizens of this new political body; but none other; it was formed by them, and for them and their posterity, but for no one else and privileges guaranteed to citizens of this new sovereignty were intended to embrace those only who were then members of the several State communities, or who should afterwards by birthright or otherwise become members, according to the provisions of the Constitution and the principles on which it was founded.  It was the union of those who were at that time members of distinct and separate political communities into one political family, whose power, for certain specified purposes, was to extend over the whole territory of the United States.  And it gave to each citizen rights and privileges outside of his State which he did not before possess, and placed him in every other State upon a perfect equality with its own citizens as to rights of person and rights of property; it made him a citizen of the United States.

For the sake of discussion, this sacred class (within the United States) shall be referred to as “We the People”.  But, perhaps, we should endeavor, with a bit more precision, to define just what/who those “We the People” were/are, in light of what Justice Taney said.

After much thought, I can only come up with three possibilities that might shed light on Taney’s description of that class known as “We the People”.

1. That it would include only those who are defined by the rather common acronym, “WASP”, meaning “White Anglo-Saxon Protestant”.  When we consider that in the Seventeenth and Eighteenth Centuries, Jews were not allowed to reside in some of the colonies; that loathing of Catholics (Popists) was common through most of the colonies, during that period, more effectually demonstrated by the objection to the Quebec Act of 1774, allowing Catholics to vote and hold office in Canada, are indicative of the sympathies of the times;
2. Caucasians of European descent, which would include perhaps 99% of those who had immigrated to the colonies to begin life, anew; or,
3. Those of Indo-European language groups (first defined in 1647 and including English, Dutch, Greek, Latin, Persian, German, Slavic, Celtic and Baltic languages), thus having a common heritage and culture, at least in the distant past.

There is no way that we can interpret, from what Justice Taney said, just who “We the People” were, though it is clear by the context of his description that it would include those above described peoples, or combinations thereof, “but for no one else.

Then, the Fourteenth Amendment was ratified and granted citizenship to people who were not of this class, “We the People”.  Further, it granted then only privileges and immunities.  It did not grant them rights.

This position (distinction between classes) is further supported by the ratification of the 15th Amendment (granting the right of suffrage (voting), regardless of “race, color, or previous condition of servitude”.

Then, in 1874, the Court, in Happersett (Part III), made clear that the Fourteenth Amendment did not convey rights.  However, the Constitution makes clear that there are rights retained by the people (We the People), so since there cannot be conflict between the Constitution and an AMENDMENT (unless expressly resolved in the amendment), the distinction is further enhanced.

So, for all intents and purposes, there are four classes of people in this country, today:

• “We the People”, those descended from the Framers, or otherwise within the principles of the original Constitution, who have retained their rights;
• Those made citizens by the Fourteenth Amendment, with the privileges and immunities granted therein, and any rights specifically bestowed, by subsequent amendments;
• Those who are here, lawfully and in accordance with all laws, as visitors, and who have not violated any conditions of the permission granted to visit; and,
• Those who are here unlawfully, that have entered in violation of our laws or have violated the conditions of their permissive visitation.

The foundation of this country, then, rests upon an understanding that the purpose of the Constitution, and the country, is to provide a home for those of the class, “We the People”.  That others who choose to assimilate into the American Culture do so with that understanding, and the understanding that they are the beneficiaries of all privileges and immunities, though only those rights specifically granted.

It can also be concluded that any who have designs contrary to the support and continuation of the United States, as intended by the Framers, and described herein, are inconsistent with the purpose of the country, and, as such, are against the Constitution and should be deemed unacceptable and unwanted visitors.

If the United States is to return to its former stature as the beacon to the world of freed enterprise by a free people, we must return, also, to the concept that allowed such concepts of freedom to prosper, and grow, in a rather short history, to what it had become by the end of the Nineteenth Century.

It can return to that stature only if we do return to those principles that made this nation great.  Absent a dedication to that purpose, we are destined to be nothing more than a footnote in history.  And, that will be our rightful place, if we fail to act to secure that which we hold so dear.

Thus concludes this series.

* * * * *

Part I can be found at “We the People”, but, Who are We? – Part I

Part II can be found at “We the People”, but, Who are We? – Part II

Part III can be found at “We the People”, but, Who are We? — Part III

Part IV can be found at “We the People”, but, Who are We? — Part IV

“We the People”, but, Who are We? – Part IV

Gary Hunt
Outpost of Freedom
July 21, 2011

In Part I, we established what the Supreme Court determined to be “We the People”, or, “citizens of the United States”, prior to the ratification of the Fourteenth Amendment.

In Part II, we saw that the Fourteenth Amendment conferred to those not of “We the People”, regardless of prior status, a new class of people who are granted “privileges and immunities”, though not the rights inherent with “We the People”.

In Part III, we see that within a few years of ratification of the 14th Amendment, the Supreme Court confirms that “rights” were not conveyed by the Amendment.

This must lead us to question whether there is any substance to these very significant acts and decision. Is there any long-lasting affect, as a result of them?  If so, has anything changed them? If there have been no changes, are there still two distinct classes of people in this country?

Do answer these questions, we need only jump forward another 34 years, to 1908.  This Supreme Court decision will clearly lay out that there are, indeed, two classes of people, and that one is subject to federal jurisdiction and protection, while the other is not.

The case is Twining v. State of New Jersey – 211 U.S. 78 (1908). It has two elements, at least pertinent to this discussion.  First was whether there was jurisdiction, under the Fourteenth Amendment, to a state citizen; and, what did the Fourteenth Amendment extend to a “citizen of the United States”.

Albert C. Twining and David C. Cornell were indicted by a Grand Jury, and, convicted of providing “false papers” to a state banking examiner.  They were sentenced to prison terms, and Twining appealed the action of the New Jersey Court.  He held that the requirement to turn over papers to the examiner, absent a court order, denied him “due process” under the Fourteenth Amendment.  He lost that case and pursued a remedy in the Supreme Court.

Justice Moody provided the decision of the Supreme Court.  In summing up the case, he posed the following:

“. . .  whether such a law [state law] violates the 14th Amendment, either by abridging the privileges or immunities of citizens of the United States, or by depriving persons of their life, liberty, or property without due process of law.  In order to bring themselves within the protection of the Constitution it is incumbent on the defendants to prove two propositions: First, that the exemption from compulsory self- incrimination is guaranteed by the Federal Constitution against impairment by the states; and, second, if it be so guaranteed, that the exemption was in fact impaired in the case at bar.  The first proposition naturally presents itself for earlier consideration.  If the right here asserted is not a Federal right, that is the end of the case.  We have no authority to go further and determine whether the state court has erred in the interpretation and enforcement of its own laws.

Well, that last point, “If the right here asserted is not a Federal right, that is the end of the case.”, will lead to the final decision of the Court, though we must first look at why they denied Twining the protection, under the Fourteenth Amendment, that he sought.

The Court brought out that two states, Iowa and New Jersey, had provisions that did not allow compulsory testimony against one’s self, and, that those two did have limits on compulsory testimony, though not as broad as the other states.  This was felt to satisfy the intent, since it was a state decision based upon their view of the intention of the Fifth Amendment (“No person . . . shall be compelled in any criminal case to be a witness against himself”), that established the right of the state to enact a law requiring the turning over of the papers to the examiner.

So, the question resolved itself to whether the federal interpretation of the Fifth Amendment was superior to the state law, and, if so, under what circumstances.

Since Twining and Cornel were both citizens of New Jersey, and the case was not between parties of different states, or any other qualifiers for federal intervention, they retained their status as state citizens, dealing with the laws of that state, without “Federal right[s]” being conferred to them.

Let’s separate the points of significance in this case:

1. Is there a difference between state citizens and “citizens of the United States”, as established by the Fourteenth Amendment?
2. If so, to what extent does the Fourteenth Amendment confer rights to those who are protected thereby?

The Court goes on to give us some insight into the second point.

“It is obvious . . . that it has been supposed by the states that, so far as the state courts are concerned, the privilege had its origin in the Constitutions and laws of the states, and that persons appealing to it must look to the state for their protection.  Indeed, since, by the unvarying decisions of this court, the first ten Amendments of the Federal Constitution are restrictive only of national action, there was nowhere else to look up to the time of the adoption of the 14th Amendment, and the state, at least until then, might give, modify, or withhold the privilege at its will.”

So, the states were within their rights, as they existed prior to the Fourteenth Amendment, and that those rights did not, until the Fourteenth was ratified, include the restrictive first ten amendments.  Prior to the Fourteenth Amendment, the Court recognized that the Constitution did not apply to the states, so long as they were not in conflict with the Constitution.  Essentially, they are conferring all privileges of those first ten amendments, to those who so qualify, for the protections afforded by the Fourteenth.

The Court continues:

“The 14th Amendment withdrew from the states powers theretofore enjoyed by them to an extent not yet fully ascertained, or rather, to speak more accurately, limited those powers and restrained their exercise.  There is no doubt of the duty of this court to enforce the limitations and restraints whenever they exist, and there has been no hesitation in the performance of the duty.  But, whenever a new limitation or restriction is declared, it is a matter of grave import, since, to that extent, it diminishes the authority of the state, so necessary to the perpetuity of our dual form of government, and changes its relation to its people and to the Union.”

So, the Court recognizes an obligation to “enforce the limitations and restraints whenever they exist”.  This implies that they are addressing both points, mentioned above.  First, to determine the extent of the authority (jurisdiction of the state) imposed by the Fourteenth; and, Second, to determine to what extent the first ten amendments convey obligations to the state.

The Court continues:

“The defendants contend, in the first place, that the exemption from self incrimination is one of the privileges and immunities of citizens of the United States which the 14th Amendment forbids the states to abridge.  It is not argued that the defendants are protected by that part of the 5th Amendment which provides that ‘no person . . . shall be compelled in any criminal case to be a witness against himself,’ for it is recognized by counsel that, by a long line of decisions, the first ten Amendments are not operative on the states.”

Twining has asserted that he is of the nature of a “citizen of the United States”, and, therefore, the state may not abridge those “privileges and immunities”.  He has declared a status as a “citizen of the United States”.

The Court then, referring to a previous case (subsequent to the Fourteenth Amendment), In Re Slaughter-House Cases, 83 U.S. 36 (1872), and citing with the decision of that case, given by Justice Miller, in affirming that there were two classes of citizen.

“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, ‘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.

So, this Court is affirming what the Court decided 34 years prior, in that there are distinct differences between the “citizenship of the United States and a citizenship of a State”.  One case, shortly after the ratification of the Fourteenth Amendment, and another, three decades later, that affirm the conclusion of just who are “We the People”.  Can there be any doubt as to the existence of a distinction between the two classes?

The Court, after a lengthy discussion of “due process”, concludes:

The decisions of this court, though they are silent on the precise question before us [due process], ought to be searched to discover if they present any analogies which are helpful in its decision.  The essential elements of due process of law, already established by them, are singularly few, though of wide application and deep significance.  We are not here concerned with the effect of due process in restraining substantive laws, as, for example, that which forbids the taking of private property for public use without compensation.  We need notice now only those cases which deal with the principles which must be observed in the trial of criminal and civil causes.  Due process requires that the court which assumes to determine the rights of parties shall have jurisdiction.

And, they conclude that the court that has jurisdiction over the parties will prevail in a conflict of interpretation.  Since they leave the interpretation to the state court, there must be an absence of federal jurisdiction in the current case.  The Court sees Twining and Cornell to be state citizens, therefore, not afforded the” privileges and immunities”, meaning that federal jurisdiction fails to include them — an absence of federal jurisdiction.

In affirming that view, the Court said:

“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.”

They tighten up on that conclusion, to wit:

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 is not secured by any part of the Federal Constitution.

Now, this would not be true if the case involved a party of one state against a party from another state, nor would it be true in the extension of “privileges and immunities” conferred by the Fourteenth Amendment, to “citizens of the United States”.

So, we can conclude that the “citizen of the United States” is a separate and distinct entity than the citizen of a state.  That the jurisdiction of the United States Supreme Court extends only to those who have been brought into jurisdiction by the Constitution (parties of different states, etc.) or by virtue of they being the subjects brought into that jurisdiction by the Fourteenth Amendment.

Now, some will say that this case is over one hundred years old, and things have changed, since then.  But, have they?  And, if so, how have they been changed?  I can find no amendment that changes what is presented here, and must suppose that nothing has been changed.

So, in the next Part, we will see if this decision, from 1908, still has merit over half a century later.

* * * * *

Part I can be found at “We the People”, but, Who are We? – Part I

Part II can be found at “We the People”, but, Who are We? – Part II

Part III can be found at “We the People”, but, Who are We? — Part III

—

Part V can be found at “We the People”, but, Who are We? — Part V 

“We the People”, but, Who are We? – Part III

Gary Hunt
Outpost of Freedom
July 20, 2011

So, we have established that “rights” were not conveyed by the Fourteenth Amendment, only “privileges and immunities”.  Or, have we?  Of course, to this point, it is only words and omission of words that can lead us to that conclusion.

Understand, however, that the Constitution, the Bill of Rights and early legislation was written so that all could understand what was being required.  After all, as James Madison said (Federalist Papers #62), “Law is defined to be a rule of action”.  If it is a rule of action, then it must be written so that anybody can understand it.

Let’s see if we can determine whether the premise that rights were not conveyed is properly construed, as presented.  To do so, we must, once again, return to the past — to those who lived the times and understood what the intention of the 14th Amendment really was.

Our answer can be found in another Supreme Court decision, decided just 7 years after the ratification of the 14th Amendment.  The case is Minor v. Happersett, 88 U.S. 162 (1874).

At issue was whether the Fourteenth Amendment conveyed the right to vote to a woman, since she was made “a citizen of the United States” by that Amendment.  Understand that many states did not recognize woman as being full citizens and they were denied the right to vote, own land, sue in court, inherit property, or hold office; or portions of some of these restrictions, depending on the state.

Understand that this case was heard just seven years after the ratification of the 14th Amendment, and all parties were fully aware of the Amendment, its interpretation and ramifications.  They lived the times, unlike those of us who have to search back to find the intent of laws and amendments.

The case introduces the problem with the following statement of facts:

The fourteenth amendment to the Constitution of the United States, in its first section, thus ordains:

‘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.  No State shall make or enforce any law, which shall abridge the privileges or immunities of citizens of the United States.  Nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction, the equal protection of the laws.’

And the constitution of the State of Missouri thus ordains:

‘Every male citizen of the United States shall be entitled to vote.’

Minor, as described by the Court, set forth the following arguments:

1st. As a citizen of the United States, the plaintiff was entitled to any and all the ‘privileges and immunities’ that belong to such position however defined; and as are held, exercised, and enjoyed by other citizens of the United States.

2d. The elective franchise is a ‘privilege’ of citizenship, in the highest sense of the word.  It is the privilege preservative of all rights and privileges; and especially of the right of the citizen to participate in his or her government.

3d. The denial or abridgment of this privilege, if it exist at all, must be sought only in the fundamental charter of government,-the Constitution of the United States.  If not found there, no inferior power or jurisdiction can legally claim the right to exercise it.

4th. But the Constitution of the United States, so far from recognizing or permitting any denial or abridgment of the privileges of its citizens, expressly declares that ‘no State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States.’

5th. It follows that the provisions of the Missouri constitution and registry law before recited, are in conflict with and must yield to the paramount authority of the Constitution of the United States.

The Court (in the decision) then posed the question:

The question is presented in this case, whether, since the adoption of the fourteenth amendment, a woman, who is a citizen of the United States and of the State of Missouri, is a voter in that State, notwithstanding the provision of the constitution and laws of the State, which confine the right of suffrage to men alone.

In providing an answer to the question, we find:

Looking at the Constitution itself we find that it was ordained and established by ‘the people of the United States [Preamble to the Constitution],’ and then going further back, we find that these were the people of the several States that had before dissolved the political bonds which connected them with Great Britain, and assumed a separate and equal station among the powers of the earth [Declaration of Independence], and that had by Articles of Confederation and Perpetual Union, in which they took the name of ‘the United States of America,’ entered into a firm league of friendship with each other for their common defence, the security of their liberties and their mutual and general welfare, binding themselves to assist each other against all force offered to or attack made upon them, or any of them, on account of religion, sovereignty, trade, or any other pretence whatever [Articles of Confederation].

Whoever, then, was one of the people of either of these States when the Constitution of the United States was adopted, became ipso facto a citizen-a member of the nation created by its adoption.  He was one of the persons associating together to form the nation, and was, consequently, one of its original citizens.  As to this there has never been a doubt.  Disputes have arisen as to whether or not certain persons or certain classes of persons were part of the people at the time, but never as to their citizenship if they were.

* * *

Other proof of like character might be found, but certainly more cannot be necessary to establish the fact that sex has never been made one of the elements of citizenship in the United States.  In this respect men have never had an advantage over women.  The same laws precisely apply to both.  The fourteenth amendment did not affect the citizenship of women any more than it did of men.  In this particular, therefore, the rights of Mrs. Minor do not depend upon the amendment.  She has always been a citizen from her birth, and entitled to all the privileges and immunities of citizenship.  The amendment prohibited the State, of which she is a citizen, from abridging any of her privileges and immunities as a citizen of the United States; but it did not confer citizenship on her, that she had before its adoption.

* * *

It is clear, therefore, we think, that the Constitution has not added the right of suffrage to the privileges and immunities of citizenship as they existed at the time it was adopted.  This makes it proper to inquire whether suffrage was coextensive with the citizenship of the States at the time of its adoption.  If it was, then it may with force be argued that suffrage was one of the rights which belonged to citizenship, and in the enjoyment of which every citizen must be protected.  But if it was not, the contrary may with propriety be assumed.

When the Federal Constitution was adopted, all the States, with the exception of Rhode Island and Connecticut, had constitutions of their own.  These two continued to act under their charters from the Crown.  Upon an examination of those constitutions we find that in no State were all citizens permitted to vote.  Each State determined for itself who should have that power.  Thus, in New Hampshire, ‘every male inhabitant of each town and parish with town privileges, and places unincorporated in the State, of twenty-one years of age and upwards, excepting paupers and persons excused from paying taxes at their own request,’ were its voters; in Massachusetts ‘every male inhabitant of twenty-one years of age and upwards, having a freehold estate within the commonwealth of the annual income of three pounds, or any estate of the value of sixty pounds;’ in Rhode Island ‘such as are admitted free of the company and society’ of the colony; in Connecticut such persons as had ‘maturity in years, quiet and peaceable behavior, a civil conversation, and forty shillings freehold or forty pounds personal estate,’ if so certified by the selectmen; in New York ‘every male inhabitant of full age who shall have personally resided within one of the counties of the State for six months immediately preceding the day of election . . . if during the time aforesaid he shall have been a freeholder, possessing a freehold of the value of twenty pounds within the county, or have rented a tenement therein of the yearly value of forty shillings, and been rated and actually paid taxes to the State;’ in New Jersey ‘all inhabitants . . . of full age who are worth fifty pounds, proclamation-money, clear estate in the same, and have resided in the county in which they claim a vote for twelve months immediately preceding the election;’ in Pennsylvania ‘every freeman of the age of twenty-one years, having resided in the State two years next before the election, and within that time paid a State or county tax which shall have been assessed at least six months before the election;’ in Delaware and Virginia ‘as exercised by law at present;’ in Maryland ‘all freemen above twenty-one years of age having a freehold of fifty acres of land in the county in which they offer to vote and residing therein, and all freemen having property in the State above the value of thirty pounds current money, and having resided in the county in which they offer to vote one whole year next preceding the election;’ in North Carolina, for senators, ‘all freemen of the age of twenty-one years who have been inhabitants of any one county within the State twelve months immediately preceding the day of election, and possessed of a freehold within the same county of fifty acres of land for six months next before and at the day of election,’ and for members of the house of commons ‘all freemen of the age of twenty-one years who have been inhabitants in any one county within the State twelve months immediately preceding the day of any election, and shall have paid public taxes;’ in South Carolina ‘every free white man of the age of twenty-one years, being a citizen of the State and having resided therein two years previous to the day of election, and who hath a freehold of fifty acres of land, or a town lot of which he hath been legally seized and possessed at least six months before such election, or ( not having such freehold or town lot), hath been a resident within the election district in which he offers to give his vote six months before said election, and hath paid a tax the preceding year of three shillings sterling towards the support of the government;’ and in Georgia such ‘citizens and inhabitants of the State as shall have attained to the age of twenty-one years, and shall have paid tax for the year next preceding the election, and shall have resided six months within the county.’

[Note: you may want to review the list of voter qualifications, above, and consider that we were strong and building our country into the greatest nation in the world, when the voters had to be above debt to vote — rather than able to vote themselves “a chicken in every pot”.]

* * *

And still again, after the adoption of the fourteenth amendment, it was deemed necessary to adopt a fifteenth, as follows: ‘The right of citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color, or previous condition of servitude.’  The fourteenth amendment had already provided that no State should make or enforce any law which should abridge the privileges or immunities of citizens of the United States.  If suffrage was one of these privileges or immunities, why amend the Constitution to prevent its being denied on account of race, &c.?  Nothing is more evident than that the greater must include the less, and if all were already protected why go through with the form of amending the Constitution to protect a part?

* * *

… Women were excluded from suffrage in nearly all the States by the express provision of their constitutions and laws. If that had been equivalent to a bill of attainder, certainly its abrogation would not have been left to implication. Nothing less than express language would have been employed to effect so radical a change. So also of the amendment which declares that no person shall be deprived of life, liberty, or property without due process of law, adopted as it was as early as 1791. If suffrage was intended to be included within its obligations, language better adapted to express that intent would most certainly have been employed. The right of suffrage, when granted, will be protected. He who has it can only be deprived of it by due process of law, but in order to claim protection he must first show that he has the right.

So, clearly, from this decision, rendered shortly after the Fourteenth Amendment was ratified, we see that there is a distinction between “rights” and “privileges and immunities”, and that any grant of right would require a constitutional amendment to confer it on any other than “We the People”.

This does beg the question of whether the Fifteenth Amendment confers more than the right to vote.  Does it also confer the right to hold office, when the requisite for that office is “Citizen of the United State” [Art. I. Section 2, clause 2, and, Art. I, Section 3, clause 3, Constitution], and, “a natural born Citizen of the United States” [Art. II, Section 1, clause 5, Constitution], unless such “right” is specifically conferred?

Part I can be found at “We the People”, but, Who are We? – Part I

Part II can be found at “We the People”, but, Who are We? – Part II

—

Part IV can be found at “We the People”, but, Who are We? — Part IV

Part V can be found at “We the People”, but, Who are We? — Part V 

Committees of Safety and the General Association

The Committees of safety were best described as an Executive Committee, perhaps equivalent to a mayor, county board, or governor.  In Agnes Hunt’s book, “The Provincial Committees of Safety of the American Revolution“, she explains the colony level Committee of Safety as an Executive Board that often shared that responsibility with the governor, if the governor had taken the colonist’s side of the dispute with Great Britain.

Though no “instruction manual” has been found, various writings about the Committees, and records left by them, provide a pattern that can be reestablished, at least to the extent that the Committees operated, in some locations.  It is probably safe to assume, also, that other locations operated in a similar fashion.

What has come to light is that a community had a General Association, to which each family who chose to subscribe was subscribed by the signature of the head of the family.  In some instances, if the head of the family was a Tory, or had questionable allegiance, another male in the family would subscribe to the General Association.  It also appears that the term, Committee of Safety, applied to both the General Association and the executive board known as the Committee of Safety.  Tories were excluded from participation, however, once hostilities broke out, they, along with everyone else in the community, was assumed to be under the jurisdiction of the Committee of Safety (a de fact subscriber).  This would subject them to judicial control of the Committee, which, in the case of Tories.  Might result in “house-arrest, taking of long arms, or even imprisonment, unless and until an oath was taken to the cause of the colony.

From the General Association, members were elected to serve on the Committee, as representatives of the entire Association.  In Albany, New York, where a count can be made, approximately 10% of the General Association (by family, not total census) served on the Committee of Safety, at any given time.

There was frequent turnover within the Committee.  Chairmen appeared to serve for six months, and names change, in the composition of the Committee, fairly often, though some members served the entire period from 1775 to 1781.

Prior to the outbreak of hostilities.  Most General Associations, and their respective Committees of Safety, existed only to fill in where the British government failed to provide necessary services.  Often the Association and Committee were described as the “town meeting”, which was an authority granted under the Royal Charter, converted to strictly General Associations and Committees of Safety, as the disagreement between colonists and British Rule devolved into conflict (See The End of the Revolution and the Beginning of Independence).

By April 12, 1775, the Massachusetts Provincial Congress requested that all communities within Massachusetts form Committees of Safety (See document at committee.org).  After the outbreak of hostilities, just a week later, every colony put out similar requests for the creation of Committees.

Much of the record of evidence demonstrates another aspect of Committees.  Committees were formed in communities.  Within a County, those communities would form a County Committee of Safety, and, though, much independence of action by the local Committees was retained, they subordinated to the County Committee of Safety, as a senior body.  Similarly, the Provincial Committees (as par Agnes Hunt, above) subordinated to the State Committee of Safety, though they, too, retained independence in many areas.  The ascending levels of authority appear to be only to the extent necessary to achieve cooperation and coordination of efforts.

The extent of the “legislative authority” of the Committees, at all levels, seems to be limited with enacting laws to deal with Tories (those inimical to the cause of American Liberty”) and establishing requirements for service in their respective militia units.

For more information about Committees of Safety, go to http://www.committee.org

The
Fourteenth Article
in Amendment to the Constitution

From the Ratification of the Constitution through today

What affect has it had on the concept of government intended by the Framers of the Constitution; on our Liberties and our Lives; and, is it really what we believe it to be?

A study of the history of the Fourteenth Amendment
and its effects

By
Gary Hunt

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

For nearly thirty years, I have attempted to resolve a series of questions that are common to the patriot, or constitutionalist, community.  These questions relate to what has happened to the legal system that we were supposed to have adopted, at the time of the formation of this country, based upon both the Common Law of England, as it existed on July 4, 1776, and, a concept of justice that removed us from the arbitrary control of government.

Over the years, I have listened to what others had to say I have watched their actions to see the results.  I have read cases that seemed to bear on the subject, and, I have “experimented”, when the opportunity to do so arose.

Over time, as will be explained in the following, the pieces seem to fit a pattern.  Rather than trying to wrap the facts around a theory, I developed a theory that fit all of the facts that I could find.  However, in finding that some of the facts were, inexplicably, unwilling to fit any theory, I realized that there must be two theories, and it was a matter, then, of determining which theory fit which facts.

The two outstanding theories, neither of which will recognize the other, are:

• We are subject to all laws enacted by the government, unless the Supreme Court overrules them.
• We are subject to no laws enacted by the Congress; instead, we are only subject to the common law.

The two sides (theories) have advocates who faced off with the other side, each insisting that they are right and the other is wrong.  While, in fact, both sides are partially right, and, partially wrong.

* * *

It does, however, appear that many of the intermediate jurisdictions (other than courts), institutions, and even private corporations, believe that the nexus is there, and, that they are bound by such laws they are told to abide by.  They assume that you, too, are bound by such laws.  To argue the point with them is fruitless, and, at best, will only create dissension.  They, too, have been duped, along with most of the people in this country, into believing that which is not true.

It is for the purpose of exposing that deception that the following has been prepared, for your consideration.

* * *

This Essay will provide insight into the beliefs of the Framers of the Constitution; the effect that the Civil War and Lincoln’s assassination; Court decisions and Congressional enactments have had on our relationship with the government.

You may be sorry after you have read it, but you will understand how the subversion of the Constitution has been achieved.

The entire Essay can be found on line at: http://www.outpost-of-freedom.com/hh04.htm

The PDF file can be download from The Fourteenth Article in Amendment to the Constitution – Essay (PDF)

Committee of Safety – Common Law Court

Unlike the common law courts that you hear about, so often, usually in a bad light — as trying to “bring justice” to government officials, the Committee of Safety — Common Law Court (CoS-CLC) is to bring balance to the patriot community.

The Division in the patriot community has, for decades, been our most serious problem.  Perhaps a means to resolve those disputes that lead to division will substantially reduce the problem of division.  This is the idea behind the CoS-CLC.  Suppose there is a name-calling going on between two people.  Others are bound to take sides; generally, it will be the side of a friend or someone who has “your ear” more than the other does.

Unfortunately, such controversy can wreak havoc in portions of the community, often resulting in the disruption, or even dissolution, of an organization.

So, just how can such a problem be avoided?

Let’s suppose that both sides to such controversy are given an equal platform to “air their grievances”.  A platform that will moderate the “debate”, allow evidence to be submitted, both sides being heard, even allowing testimony from witnesses, without any prejudicial intervention.  After all of the evidence is submitted, witnesses heard, and statements made, by both parties, it is turned over to a jury of 12 peers (members of the patriot community) to deliberate and come up with a verdict.

Once the verdict is presented, it will be available for all to read, along with the pertinent portions of the trial.  It will remain as reference, for all who might have questions about either, or both of the parties.

The same can be held for questionable organizations or programs.  All that is required is that someone file a Complaint, and the other party answer.  The CoS-CLC will then begin the process for the “trial”.

All that is needed for this invaluable tool to become available for us it to have members of the community, from as diverse a sampling of Patriots as possible, from all walks of life, from all parts of the country.  This is your chance to have your say, to make your voice be heard, to help rid the infighting, and to provide justice, and vindication or validation for those who have been harmed.

* * *

You can learn more about the Court, and volunteer to serve at http://www.committee.org/Court

You can visit the Forum where you can discuss Committees of Safety or join in conversation at the Green Dragon Inn (need not be registered), or, see the Courtroom (must register), at http://www.committee.org/LibertyTree.

We need volunteers to be judges, jurors, and grand jurors.

[For more information on the Common Law Court, see  Committee of Safety – Common Law Court (introduction)]

Committee of Safety
Common Law Court

Introduction

Just prior to and during the Revolutionary War, there was an absence of lawful courts in certain areas affected by the removal of British government, or removal of Charter government.  During this period, the Committees of Safety would establish courts, if the need arose.  They would handle criminal matters, where necessary, though their focus was greater in based upon the need to control Tory activity.  Punishment for being a Tory could be as simple as restriction of travel; house arrest; removal of “long arms”; imprisonment; or, execution.

Of course, there was a war going on, and the means and necessity were different than today.  However, the patriot community is plagued by accusation, defamation, and other activities that are very disruptive, and, are not conducive to a unified effort to restore constitutional government to the United States.

This Committee of Safety — Common Law Court is intended to provide a means, considering both the abilities (ease of communication, etc.) and the disabilities (proximity, etc.), of conducing “trials”, when charges are brought, and providing the fairest means within those constraints of dealing with those problems.

When someone is found “guilty”, they may consider revising their ways, to avoid the stigma of the verdict. They may decide that they no longer want to be a part of the patriot community. They may, also, resort to asking their boss for a reassignment.  In each instance, the patriot community will find itself slightly improved, and, perhaps discourage such activities in others.

Purpose

Empanelled only to hear complaints regarding disruption to the patriot community; creating division in the patriot community; personal attacks unfounded by the evidence; accusations of individuals having allegiance to the government instead of the Constitution; any malicious behavior which brings discredit to the patriot community.

There is a lot of disruption and division within the patriot community. Some is a result of human nature; some may be a result of intentional activity directed at creating division and animosity; and, some may be totally unfounded, perhaps just an error in communication. Regardless of the cause, it is the effect that is so detrimental to our cause of restoring constitutional government to the United States of America.

In looking towards a solution, aimed at minimizing the damaging impact, it only makes sense to look to that same community, those who seek to restore sound constitutional government, for the solution — a solution based upon the very document that we esteem so highly.

Understanding that many of the means that have been utilized, historically, to resolve such matters, what is being presented here is a common law court that will only hear cases of slander: libel: defamation: or, activities which are associated with the patriot community that tend, by their nature, to be disruptive and bring discredit to a segment, or, the entire community, it must also be adapted to the current means of communication, and the vastness of the community.

The process will begin with the filing of a Complaint. The Complaint will go to the Clerk of the Court, who will not be judgmental, only an administrative arm of the Committee of Safety – Common Law Court.

Composition of the Court

Before proceeding with the explanation, the elements of the Court need to be identified. There will be a pool of judges (voluntary) from which three (3) judges will be picked, at random, for any case brought before the Court. The purpose of the judges will be to maintain decorum and order in the court. They may assist parties in preparing coherent documentation; formulating orders from the court, assisting the Grand Jury in preparing an indictment

There will be a pool of Grand Jurors (voluntary), of which five (5) regular jurors and two (2) alternate jurors will be randomly selected every six months, and will not be able to sit, again, until six months after the completion of any term that have participated in, even as an alternate juror. The Grand Jury shall be unknown and inaccessible during their entire term. They will prepare indictments, based upon Complaints, if probable cause is determined.

There will be a jury pool (voluntary), from which seven (7) jurors will be randomly selected, for each trial. In addition both the Accuser and the Accused will appoint one (1) juror to the jury.  Three (3) alternative judges will be randomly selected, though will be in “read only” participation, unless a regular juror is unable to participate, or removed for cause. The Jury will try the case, and will be allowed to ask questions, through the judges, during the course of the trial. Their verdict shall be the final decision of the Court, unless an appeal is granted.

There will be a Clerk of the Court who will retain that position as long as they desire, subject, however, to removal by the judges for failure to perform, or, failure to maintain records, correspondence, etc., or to divulge any information to other than those intended to receive such information, records, etc.   There shall also be an Assistant Clerk who will fill in when the Clerk is unable to attend to duties, or has been discharged for cause.  Any two (2) judges sitting on a current proceeding may require the removal of a Clerk. The Clerk will maintain, in proper order, all correspondence, complaints, indictments, verdicts and any other records for every case. He may delegate to the Assistant Clerk, as necessary, though this shall only be done when the workload warrants additional help.

There will be an Internet Forum which shall serve as the Courthouse for trials and all information pertaining to any case brought before this Court.

This is the composition of the Court, which personnel will change with each case, with the exception of the Grand Jury.

Procedure for a Complaint

An Accuser, who wishes to accuse another, and bring them to trial in the Committee of Safety – Common Law Court can file a complaint with the Clerk.  Participation of the Accuser, and agreement to jurisdiction of the Court; its procedures; and, its final decision, are granted by filing a Complaint.

The Accused, once they answer any request for information or indictment from the Grand Jury, has agreed to jurisdiction of the Court; its procedures; and, its final decision, by virtue of their response. Absent a response, there is no jurisdiction granted, and the Court may publish any information provided by the Accuser, any findings, and, the indictment, along with an explanation that the Accused refused to respond to the Complaint and/or indictment, and has thereby waived consideration of any answer to the accusations.

Once the Complaint is filed with the Clerk of the Court, the Clerk will forward copies of all information received to the three judges which the Clerk will select, randomly, from the pool of judges. If any of the selected judges finds that he is familiar with either party, or for any reason determines himself unable to be impartial, he shall remove himself, in which case the Clerk will select another judge to fill such vacancy.

The Clerk will also notify the Accuser of the names of the judges. The Accuser, for cause, may request recusal of any of the judges that he feels may not be impartial; however, he must provide written cause along with the request for recusal. The judge in question may remove himself, however, if he does not voluntarily remove himself, the other two judges may rule on the recusal, however, if more than one judge is named in the recusal, the Clerk shall call two (2) judges from the judge pool who will sit with the third judge to weigh the merit, and make determination on the recusal. The Clerk will then fill any vacancies created by recusal from the judge pool.

The judges will prepare a concise presentation of the Complain. If evidence is necessary to substantiate information provided in the Complaint, the judges will notify the Clerk that additional information is needed. The Clerk shall then inform the Accuser, who shall provide the additional information requested.

Once the judges have determined that the Compliant, and supportive information, be complete, the package shall be provided to the Grand Jury. The Grand Jury may, through the Clerk, request additional information through the judges, who will pass the request to the Clerk, who will pass the request to the Accuser.

When the Grand Jury has completed its review of the information provided supportive of the Complaint, they shall prepare an indictment. They may request the assistance of the judges in preparing the indictment, if they so desire. When the indictment is completed, they shall provide the indictment, along with any copies of evidence they feel should be included, to the Clerk to send to the Accused. The Clerk shall also provide the names of the judges currently assigned to the matter, and the Accused shall have the same right to request recusal of any of the judges. This will be the first knowledge of the Accused that proceedings are being considered against him.

The Accused will have the opportunity to reply to the Grand Jury, with evidence, answering the accusations made against him. This will be the only opportunity, prior to trial, to address the Complaint. This information will be returned to the Clerk who will provide the Accused’s answer to the Grand Jury and the judges.

The Grand Jury shall then review the answer provided by the Accused and determine if there is merit to the accusation, in which cause the y will find probable cause and provide a True Bill to the Clerk. If they find that there is insufficient probable cause, they will provide a No Bill to the Clerk, who will then destroy all records pertaining to the case.

In the event that the Accused refuses to recognize the Court and submit to jurisdiction, which may be indicated by a direct answer, or, failure to respond to the indictment within thirty (30) working days (six weeks), the Court shall make public the indictment and any evidence supportive of the indictment, at the discretion of the judges, by posting the documentation in the Closed Docket Forum.

Jury Selection.

The jury will be composed as described above. Jurors will have their name posted at the beginning of the trial, in the Courtroom (see below). Either party, for cause, may request the removal of a juror. A reason must be given and the judges will rule on removal. The party selected jurors shall not be subject to removal. Vacancies in the jury will be filled by the Clerk prior to opening arguments.

Proceedings

If the Accused has answered, a Courtroom will be opened in the Forum Courthouse, bearing the name of both the Accuser and the Accused, along with a very general statement of the cause of action. Access to the Courtroom, at this point, will be Clerk – read only; judges – read/write; Accuser and Accused – read/write; jury – read only; others, no access during the trial.

At trial, the Accuser and the Accused shall restrain themselves from posting, unless the floor is theirs. The judges will open the proceedings by reading the charges.

Then, opening arguments from the Accuser; then the Accused, shall be presented. Each will have a thread in the Courtroom Forum. The charges will be presented in “Counts”. All discussion relative to a Count shall be on the thread for that Count. To maintain a proper sequence, the judges (court) will advise when and what either of the parties may post.  The parties may write their comments in a text editor, but they should not be pasted in the forum until told to do so.

There will be a thread named “bench” where the parties can pose questions to the court, at any time. This “bench” will not be made a public record, so what is posted there will not be a part of the public trial, available after the case is closed.

Jurors may direct questions they wish asked of either, or both, of the parties, by posting them to the “Clerk” thread. The judges will then formulate the question to be presented to the party to whom it is directed, including a Count assignment, where the party shall answer the question.

Objections will be posted at the Bench thread. Any objection will be ruled upon by the bench prior to proceeding with the trial.

Witnesses may be called, and they will be allowed access to the Courtroom only during their testimony.  They will be subject to cross examination. Any witness may be recalled by either party, though there is no subpoenaed power in this forum. The jury will also be allowed to ask questions of witnesses through the Clerk. If a witness testifies for one party and refuses to answer cross examination by the other party, or questions from the jury, his testimony will be stricken, and the jury will ignore the testimony. The trial will conclude with closing arguments (threaded) after the completion of the submission of all evidence.

Closing arguments will be presented by both parties, Accuser being the first to offer closing, with a short rebuttal allowed to each party. Closing arguments and rebuttals will mark the end of the trail.

Jury Deliberation

The jury will then be directed to the Jury Room Forum where they will deliberate. They will have full access to the Courtroom, and may ask any questions of the judges, if they so desire. Their deliberations should be maintained in the Count threads, or in a general thread, depending on particular discussion — based upon the judgment of the jurors.

Every effort should be made to come to a unanimous verdict, on each of the Counts. This will be highly unlikely, since each party has a juror present. If six jurors do find for one side, the Court will consider that verdict as unanimous.

Final Decision

The final verdict, however, will be based upon the preponderance of evidence, for each count, and the verdict will be final, subject only to appeal (explained later). The jury will then prepare, with the assistance of a judge, or judges, final pronouncement of the Court (Final Decision). The final decision will be posted on the Docket Forum. Others are able to copy and utilize the final decision, for information purposes, so long as it remains unedited and the source (URL) for the permanent record (Docket Forum) is attached to any copies distributed. Violations of this practice (complete decision and URL) will result in a contempt of court against the violator(s), and that violation will be posted, attached to the final decision, in the Docket Forum.

At this time, the Courtroom will be opened (read only) to provide public access to the proceedings. It will be locked, and no changes or postings will be made after the close of trial, except that the final decision will also be posted in the Courtroom.

Appeals

Decisions of the Court are subject to appeal. Appeal Hearings may be granted by a five (5) judge panel, randomly selected by the Clerk, none of which can be judges from the original trial.

Basis for Appeals:

New evidence, unavailable at time of trial

New witnesses, unavailable at trail

Other circumstances which, when brought forward, might affect the outcome of the original trial

To Appeal a Decision of the Court, the Appellant must submit to the Clerk a request for a hearing before the above mentioned panel, which will be empanelled upon receipt of the request. Full detail, including evidence to support request for appeal, must be submitted with the original request. The appeals panel may require additional information.

If the determination of the appeals panel is in favor of the appeal, the Panel may:

Hold hearings, with both parties participating; or,

Retry the matter, subject only to the additional information brought toward, though incorporated with the Jury deliberations form the original trial.

Either hearing or retrial can result in setting aside portions, or all, of the original Final Decision of the Court.

All records, evidence, etc., brought up in hearing or retrial will become a permanent part of the record of the trial.

[For more information on the Common Law Court, see Committee of Safety – Common Law Court (an explanation]

Introduction to Committees of Safety

Committees of Safety, or like elements, existed throughout the history of colonial America.  Though known by various names (Committees of Protection, Associations, or, as the case in Plymouth Colony, an unnamed civil body politic, and, in Jamestown, simply governing council), they had the characteristic of being a civil government absent a government established by the sovereign.

In the early eighteenth century, Committees of Safety were quite common, especially on the frontiers, where the possibility if Indian attacks were likely.  The Committee would appoint watchmen, hog reeves, fence reeves, and, militia officers.  These are functions that were taken on by more organized governments, in some towns, though were common through most of the colonies, leading up to the War of Independence.

Committees served, primarily, to fill in gaps that were left by existing colonial and county governments, providing services that were otherwise unavailable.

As tensions grew between the colonists and the Crown government in England, the need for Committees increased, especially in western Massachusetts and South Carolina.  After the Massachusetts Government Act (May 20, 1774), which revoked the Massachusetts Charter and replace the locally elected governments with appointments by the King, the farmers in western Massachusetts began forming Committee to assure a continuity of government and to take charge in expelling courts and judges who were not abiding by the original charter, and replacing them with their owns courts, though primarily only for criminal matters.

There were sufficient numbers of Committees in most of the colonies to call for the First Continental Congress, in 1774.  These Committees were not subject to Royal governance, because, quite simply, to call for such a Congress would have been a contradiction of their authority granted by the various charters.  Subsequently, the Second and Third Continental Congress were called by the Committees, which by this time, had evolved to the point where sufficient numbers of participating Committees established a Provincial Committee of Safety.

Committees of Safety continued to operate as functions of local government throughout the War of Independence, until each state adopted a Constitution, or otherwise revised their form of government, absent any Royal control.  Once the Article of Confederation were instituted (1781), the need for the Committees, except, once again, in the frontiers, diminished, as did the Committees.

Their next occurrence was in 1835, when President Santa Anna abolished the Constitution of 1824, granting himself enormous powers over the government.  Colonists in Texas began forming Committees of Correspondence and Safety.  A central Committee in San Felipe de Austin coordinated their activities.  This de facto government waged the revolution against Mexico, directing and supplying the militia, until independence was won.

What role could Committees of Safety play in today’s world?

Events such as Katrina, as well as the possibility of man caused disasters, are potential threats to the security, safety, and well-being of our families.

If a Committee existed in your community, and you were a member, then your family is also a member.  Suppose there was some sort of event that affected food supply, utilities, water, or otherwise threatened your safety.  You have in place, through the Committee, a cooperative with which to share needed resources.  Though short lived in Plymouth Colony and Jamestown, this “cooperative” served quite well for survival in a hostile land, for the first few years.

It also allowed the sharing of crops in the frontier towns and agricultural communities, in later colonial times, when Indian raids, or weather, destroyed crops, which would leave those affected short of food, had their neighbors (fellow Committee members) not shared with them what food was available.

In the aftermath of Katrina, if a Committee existed in a consolidated area (a community), and sent a representative to the local law enforcement with the message, “we will provide our own protection in our area”, describing the limits of the area protected by the Committee, it would make sense the law enforcement would be relieved that their job was made easier based upon the Committee relieving them of a substantial area that might otherwise require their patrolling.

The Committee would be a resource for such eventualities, and would be an ideal place from which to gain recognition by launching programs to help those in need.  Roof repairs, painting, yard maintenance, etc., for those unable to care for their own property.  This would encourage friendship, appeal to potential members, improve the quality of the neighborhood, and set the Committee out as supportive of the neighborly attitude that prevailed in this country, many decades ago.  This would result in reduced crime, safer streets and communities, and, a reaffirmation of our rights, freedoms, and liberty.

Committees of Safety are quite able to fill in where government fails to provide, at least for those who see the need, join, and, participate in, Committees of Safety.

http://www.committee.org/

The following is a much abbreviated version of “The Plan for the Restoration of Constitutional Government“. The entire Plan consumes many pages of detail regarding the Plan as well as hundreds of pages of reference materials.

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The Plan for the Restoration of Constitutional Government

Abbreviated Version
(includes only a few portions of the overall plan)

Preface

This Plan for the Restoration of Constitutional Government, as explained in “The Question”, is purely hypothetical.  It is, however, a natural evolution from the “You Have Tread On Me – Petition“, as the Revolutionary War was a natural evolution from the Olive Branch Petition.

In adapting this sequence of events to modern times, it needs to be understood that times have changed and the possibility of a gathering of “revolutionary” delegates in one place would be fatal to the cause.

Understanding this difficulty, the expedient for today is that individuals would sign and submit, to their respective representatives in the federal government, individual petitions as “redress of grievances, as per Article I of the Bill of Rights.

Absent a positive response to the Petition, one could safely conclude that the government had no more intention of addressing the grievances than King George III did.  This, by colonial standards, would put one in a “state of nature” — absent an operating Constitutional government — wherein he, as a free man, has every right to associate with others of similar circumstance.

An earlier article, by the author of this Plan, provides some insight into this aspect of the Founders’ thinking process when they realized that they could no longer live under government that did not recognize their rights (see Sons of Liberty #14).

As you progress through this hypothetical Plan, you will not that there are short sketches (Historical Perspective) that provide a brief example of the historical conditions that can be equated with each part of the Plan.

The Plan, then, is an effort to parallel the activities of the Founders into a theoretical plan that emulates the progression of events, culminating in the creation of the United States of America.

The Plan is made as detailed as expedient for the variety of possible circumstance that might arise.  Plans, however, can never be made so rigid that they will work under all conditions.  Therefore, it is intended to provide sufficient detail so that creative minds could easily refine the Plan into a working model for immediate and local conditions.

Often, elements of the Plan call to mind other works by this author, and, works by others, in which cases, links are provided to those works to provide additional insight which might assist in more detailed planning.

The Plan is provided for your pleasure and education.  What you do with it is up to you, and, what you do not do with it is a point of consideration for your posterity.

G. H.

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The Question:

A question was raised, a few months ago, in a conversation with a friend.  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 navy was master 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; some had learned to defend themselves against hostile Indians, and thus learned fighting 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 that had been little changed from its natural state.

Against them were: Substantial numbers of highly trained soldiers; Unlimited supplies and resources, although most of them were located across the ocean and had to be transported, this taking months; A multitude of locations, bases, within and around the colonies; Mastery of the waterways; And, many of the military 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; that skirmishes were the best tactic, unless a major battle had a high degree of probability of being won..  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 their persistence and their faith in God, prevail — not by might, rather by tactics and fortitude.

Just how would they fight, today?  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.  This is a theoretical answer to that question.

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Some Thoughts

This plan, after years of discussion and contemplation, coupled with an understanding of what the Founders did to challenge the authority of the power of government, was developed as a guideline that would answer the question of whether it would be possible, today, to emulate the actions of those Founders to achieve the same end.

The desire to change government back to its Constitutional limitations would best be served if no blood were shed.  The impracticality of achieving that end, along with the knowledge that blood has already been shed, moves us to the second position — that the minimum amount of blood be shed, and, that of if blood is to be shed, that it include an absolute minimum of innocent blood.

There is little doubt that during a conflict, blood will be shed, when necessary, in the course of that conflict.  Knowing that any innocent blood shed is a detriment to the image of those who seek to return to Constitutional government, every effort should be made to “pick the ground” for open conflict, with special consideration to locations that will have the least impact on innocent bystanders.

In the selection of ‘targets’, outside of the normal area of conflict (aggravation), the following should be taken into consideration.

Though accident, error, and, perhaps, judging wrongly, the actions of those who might be targeted, it is far better to isolate those errors to people who, if not guilty, at least are in a position and have acted in such a manner that their guilt is probable.

There is also the moral consideration — that those who are willing to strike, as the Founders did, do so in violation of the laws, as they exist, today.  When they make a decision to “target” someone, or, something, they should consider just how the “target” would be construed by those who will, eventually, make judgment on their actions.  The most important consideration, however, would be the judgment made by God and the person doing the act.  If that act is motivated for purposes of revenge, God will judge, and, the person will have to live with, the consequences.

On the other hand, if the act is one that is surely one of retribution for acts of the target, whether corporate property or an individual life, and has clearly demonstrated by a pattern on the part of the person or entity, then, surely, God will judge as necessary, and, the actor will have a clear mind.

Where possible, all players in the act, and, even more desirable, others who can safely be associated with and brought into, if not the plan, at least the determination of the validity of the ‘target’, the collective judgment, serving as a sort of jury, considering both the guilt and the demonstrable necessity of the action, will provide the best assurance of a desirable final judgment, and a clear conscience for those involved.

If blood is to be shed, every consideration should be made that the blood deserves to be shed.

Some considerations for the evaluation of a ‘target’:

• Have lives been lost as direct, or indirect, result of the actions of the ‘target’, acting in violation of the Constitution or constitutional laws of the land?
• Has there been a continual loss of property by people who should have had that property protected, under the Constitution or constitutional laws?
• If a foreign nation, say, Russia, were to invade the United States, would the target become a collaborator, turning against the United States and the Constitution?

Note: The possibility that if there were sufficient ‘friends” (collaborators) of a foreign power, these ‘friends’ who might encourage participation by that foreign power, is to be considered.  The discouragement of his sort of person (potential collaborators) would be as desirable as the discouragement of all other potential ‘targets’.

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The remainder of the Plan can be found at The Plan for Restoration of Constitutional Government

Or an audio version at Discourse on “The Plan for Restoration of Constitutional Government”