Posts Tagged ‘Ryan Payne’

Burns Chronicles No 53 – Plea Withdrawal – A Privilege or a Right?

Thursday, January 5th, 2017

Burns Chronicles No 53
Plea Withdrawal – A Privilege or a Right?

Gary Hunt
Outpost of Freedom
January 2, 2017

On October 12, 2016, Ryan Payne submitted to the Court a Motion to Withdraw his Plea Agreement.  This was filed over two weeks before the Jury verdict (October 27, 2016), finding the defendants “Not Guilty” of the charges that included Payne in the original Indictment.

Payne pled guilty, in a Plea Agreement, on July 19, 2016.  In the hearing on the Plea Agreement, when asked how he pled, he stated, “In pursuing that effort [the occupation of the Malheur National Wildlife Refuge], I understand I — I have come to understand that folks who were — who work for the Government, that that Constitution ordained, perceived my actions as threatening or intimidating.  And, thereby, I – I understand myself to have been guilty of the charge that I’m charged with.

Clearly, he did not say that he was guilty.  He said that he understood himself “to have been guilty of the charges“.  So, we have to wonder why the equivocation that was apparent in his statement to the Court.  And, we will get to that.  However, let’s continue from where we are.

The Court (Queen Judge Anna Brown) gave her Order Denying Defendant Ryan Payne’s Motion to Withdraw Guilty Plea.  From that document, we can get some dates with regard to the timing of Payne’s plea agreement and other contributing factors.

            Standard

Judge Brown sets out the “Standard” upon which the Court is to determine if a plea should be withdrawn.  The citations she uses are all from the 9th Circuit, as they should be.

“Federal Rule of Criminal Procedure 11(d)(2)(B) provides that a defendant may withdraw a plea of guilty prior to sentencing if he “‘can show a fair and just reason for requesting the withdrawal.’” United States v. Mayweather, 634 F.3d 498, 504 (9th Cir. 2010). “The defendant has the burden of demonstrating a fair and just reason for withdrawal of a plea.” United States v. Davis, 428 F.3d 802, 805 (9th Cir. 2005). “‘Fair and just reasons for withdrawal include inadequate Rule 11 plea colloquies, newly discovered evidence, intervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea.’” Mayweather, 634 F.3d at 504 (quoting United States v. Ortega–Ascanio, 376 F.3d 879, 883 (9th Cir. 2004)). “‘While the defendant is not permitted to withdraw his plea ‘simply on a lark,’ the ‘fair and just standard’ is generous and must be applied liberally.’” Mayweather, 634 F.3d at 504 (quoting United States v. McTiernan, 546 F.3d 1160, 1167 (9th Cir. 2008)).

You will note that the standard is based upon “fair and just”, and that the burden is on the defendant.  However, the last citation makes clear that the “‘fair and just standard’ is generous and must be liberally applied.”

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Burns Chronicles No 44 – Mark McConnell

Friday, November 25th, 2016

Burns Chronicles No 44
Mark McConnell

mm-wo-cap

Gary Hunt
Outpost of Freedom
November 25, 2016

Notice: Because of her extremely biased judicial discretion, Judge Anna Brown has ordered that I remove the information that I obtained from a ‘prohibited’ copy of the Discovery for the trial of the defendants in the Malheur Occupation trial. I have fully complied with that order and removed all of those portions prohibited, according to that order. All instances of removed text will be marked “[REDACTED]”, which is the same method the government used in depriving information that should have been available to the defendants, as well as you, the reading public, with factual information needed in order for you to make a fair and logical assessment. The FBI redactions were the government’s efforts to “protect” their army of paid informants, but they did a lousy job, as I was able to identify them with the unredacted text.

I first interviewed Mark McConnell back in August 2015 That interview was in regard to Parris Frazier and his effort to steal cartel drugs and sell them (Arizona Misfits – A Bad Operation Gone Worse).  McConnell seemed to have an extraordinary knowledge of some of the facts surrounding that incident, which was quite useful in researching for that story.  It never occurred to me, at the time, that this knowledge would have been extremely beneficial to law enforcement, leading up to the bust.

The Criminal Complaint that lead to the arrest of Frazier and his cohorts began with the government putting an undercover employee (UCE) in a position provide access to Frazier to make the government’s plans to set Frazier up for the bust.  This scenario omits what led up to the bringing in the UCE, so there was a substantial part of the story that was missing.  It is quite possible that they chose not to mention a confidential human source (CHS) that provided the background that led to the setup of Frazier.  Or, possibly, any such report was filed on form 302, an “Investigation Report”.

Let’s move forward to the events that occurred in Burns, Oregon, this past January.  During the trial, the government, for whatever reason, outed McConnell as a CHS.  In every other instance of a CHS being involved in spying on the occupiers, this would include nine who were at the Refuge and six who were not, the government has taken pains to conceal their identity.

This would lead one to conclude that they just wanted to wipe their hands clean of any association with Mark McConnell — to make him an outcast in both the government and patriot sides.  What other reason could exist for intentionally expose just this single informant?  Could it be his arrogance and air of superiority in dealing with his handler?

Many had determined that McConnell was an informant, early on.  However, in an effort to find verification, I have interviewed McConnell 3 more times since LaVoy Finicum was murdered on January 26.  The first was on January 30, as he was driving back to Arizona after having his vehicle returned to him.  My purpose was simply to find out what happened from the first stop to his release, that evening.

That interview was much different from the video that was posted on YouTube where he talked about LaVoy rushing the Oregon State Police (OSP) officers.  He had learned his lesson and wouldn’t claim that he saw Ryan get out of the LaVoy’s truck, only what Ryan told him, when they were placed on the ground together.  And, he made clear that all he would say was what he saw, or heard.  This interview was straightforward.  The details he gave were consistent with what has subsequently been confirmed by others.

My next interview, on May 16, was an effort to find something that would support the accusations that he was an informant.  Now, obviously, getting such a “confession” is nearly impossible.  However, often clues come out that would support such a conclusion.  McConnell said that there was a meeting on the Saturday, before the shooting, Brandon Curtiss, McConnell, Booda (Brian Cavalier) and Ammon had a meeting and Curtiss and McConnell explained that was over three hundred FBI agents in the area.  Then, the night before the shooting, he had tried to talk the people out of going to the meeting at John Day.  However, he was willing to drive to John Day and make sure that Ammon was in his Jeep.

On October 10, after McConnell was outed as an informant, I spoke with him, again.  The only interesting point in this interview was the McConnell said that the occupation was a “criminal enterprise”.  A rather interesting statement from one who participated to the extent that he did.  This would raise a question of motivation as to why he participated in such an enterprise, at least as an accessory, unless he had a reason, and immunity, to do so.  Here is what he told me (from my notes of the conversation):

He spent three nights at the Refuge, the second trip.  He could not find a motel room.  He did not agree with the occupation.  He called it lies and bullshit.  He also claimed that Payne and Joker J (Jason Blomgren) had given me [Hunt] money to secure supplies, listing pipes and pipe caps, stating, “That’s not what the statements I have found said.”

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Burns Chronicles No 33 – Ryan Payne’s Plea Withdrawal

Thursday, October 13th, 2016

Burns Chronicles No 33
Ryan Payne’s Plea Withdrawal

ryan-w-seal

Gary Hunt
Outpost of Freedom
October 13, 2016

Back on July 13, Ryan Payne signed a plea agreement.  As will be explained, below, he has now requested the Court to Withdraw Guilty Plea and Proceed to Trial by Jury and go to trial on the charges.

Though it won’t be mentioned in the Motion, in addition to what follows, Ryan was threatened with a Terrorism Enhancement, if he went to trial and was convicted.  That would be a 30 years sentence, but, as I said, the Court cannot recognize that, as it was part of negotiations.

So, let’s look at the picture that the Motion to Withdraw Guilty Plea gives us, at least in pertinent part.  I will leave the citations in, for those who wish to review previous decisions on the subject:

 

After entering a plea of guilty to Count 1, Mr. Payne stated the following as a factual basis for his plea, in the words of Ryan Payne:

“Ah, your Honor, the very first adult decision that I ever made was when I was 17, to join the military of the United States.  And in so doing, I took an oath to uphold and defend the Constitution. I traveled to Harney County, here in Oregon, under the pretense that this was my intent. That I was coming to uphold and defend the Constitution.”

“In pursuing that effort, I understand I — I have come to understand that folks who were — who work for the Government, that that Constitution ordained, perceived my actions as threatening or intimidating.  And, thereby, I – I understand myself to have been guilty of the charge that I’m charged with.

The Court inquired whether Mr. Payne agreed that his actions actually impeded government officials. Mr. Payne responded, “[a]s it has been presented to me, it is my understanding that I did, your Honor.”

So, Ryan went to the Malheur Refuge with the intention (not a criminal intent, rather, a patriotic intent) to defend the Constitution.  And, that is what this whole trial is about.

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Bundy Affair #17 – Ryan Payne Explains Some of the Circumstances Surrounding the Bundy Affair in April 2014

Thursday, October 13th, 2016

The Bundy Affair – #17
Ryan Payne Explains Some of the Circumstances
Surrounding the Bundy Affair in April 2014

21wirem-bundy-fed-standoff-april-12-2014-copyright-gmnGary Hunt
Outpost of Freedom
October 13, 2016

 

Ryan Payne’s attorneys did not want him to go public with this letter.  You will note that it was written on September 19, 2016.  He mailed it to me on October 3rd.  However, the final decision to go public with it was withheld, at my request, until I received it and then got confirmation that he still wanted it to go public.

Today, October 13, I spoke with Ryan and he is still desirous of the letter going out.  This has been edited for clarity, at Ryan’s request.  The PDF (linked at the bottom) is as I received it.

As you will see, Ryan’s efforts were an attempt, by setting out false information, to provide a degree of safety for those patriot participants.  If the government believed that there were things that really were not, then that would be an incentive to think before acting.

Today, October XX, I spoke with Ryan and he is still desirous of the letter going out.  This has been edited for clarity, at Ryan’s request.  The PDF (linked at the bottom) is as I received it.

Feel free to share this with anyone who might be interested, especially those that he addresses it to in the first paragraph.

Gary Hunt, Outpost of Freedom

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

Monday, September 19th, 2016

To those Patriots, their families, and anyone affected by or involved with the indictment against Cliven Bundy and eighteen others,

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Denouncing the Denigrators – The Seeping Wound in the Patriot Community

Saturday, January 9th, 2016

Denouncing the Denigrators
The Seeping Wound in the Patriot Community

join-or-die-1754

Gary Hunt
Outpost of Freedom
January 9, 2016

Recent events up near Burns, Oregon, have brought, once again, the Denigrators to the forefront. These are people who will begin digging, misrepresenting, and outright lying, about some of the key players in any event. Occasionally, a bit of truth is brought out, though often, it is intended to associate those who may have bad records with those who are otherwise; good, honest, men, doing what they believe to be a necessary course of action.

About that necessary course of action. Many people have been critical, not of the players, but of the activity of taking over federal buildings. They tend to judge those actions by their own standards, and expect others to abide by their moral compass.

However, if they are not players in a particular incident, what is their motive to object to the actions of others? Are they conditioned as “arm chair quarterbacks”, drinking beer and deciding why the coach’s call was a bad one? Well, there is nothing wrong with that, even if it is taken to the Internet. Surely, those who support the same team are most likely to agree, or, then, they might have a different opinion. The bottom line, however, is whether their team won, or lost.

The professed patriot, however, has different opposition, and it never changes, though the playing field might. The opposition is the government, and the playing field, in the current instance, is the Malheur Refuge, about thirty miles south of Burns, Oregon.

The handful of people that initiated this action have been accused of being government agents, provocateurs, scumbags, guilty of falsely representing the military service, and possibly even more evil deeds than Batman’s enemies. These assertions are submitted to the public with airs of absolute authority, though for what purpose? Well, we will get in to that, later.

At the end of the Bundy Affair, I wrote an article, “The Bundy Affair – The Battle Continues“, discussing what was becoming quite apparent; the Internet was being used to subvert the efforts being exerted by hundreds to push the federal government back, and leave the Bundys to continue with their business, without government removing their longstanding use of federal property.

At the same time, I was adding an addendum to an article, “Vortex“, that I had written back in 2012. It dealt, primarily, with my experience and personal knowledge of events where the nefarious tactics of the police state we have been living in for decades were exposed. It explains the levels and types of agents, as well as the role and types of informants. In April 2014, I added an addendum to the article, supplementing it with more recent tactics of that police state, especially as applied to the Internet.

Now, with that in mind, we will discuss a recent Facebook article, which appears to be authored by Christian Yingling, late in the evening of January 4, two days after the Malheur Refuge buildings were seized. The first three paragraphs of the article set the stage:

Ok …Everybody… please gather around and listen to what I am about to say. Then either shut your mouth, or share this far and wide. If you have ANY faith in me as a leader you will heed what I am about to say. If not.. I want nothing to do with you. simple as that.

The key to victory in any battle is the ability to remain calm in any given situation. What we are seeing right now is a whole bunch of people acting based solely on raw emotion. This is very bad and I’m about to explain exactly why. I am not letting my emotions make my decisions for me, but instead, looking at this from a calm, level headed, common sense approach.

What you are all witnessing right now right now in Oregon has the makings of a full on false flag event. And I will prove that to you to the absolute best of my ability. Should you choose to look at this from a logical perspective you will see I am 100% correct. Some of what I will tell you is speculation based on my own experience and experiences of others I have talked to throughout this ordeal, but most of what I am going to tell you is documented verifiable fact.

The first paragraph says, agree with me, or shut up. I am your leader. Rather suggestive, and well within the realm of Physiological Operations (PysOps).

In the second, he suggests that the operation in taking the Wildlife Refuge building was based upon “raw emotions“. This, of course, is to denigrate those who carried out the mission. However, that mission was well planned, even to the point of having all attention focused, to the last minute, on the Fair Grounds, where everybody, even the government agents, expected Ammon Bundy to speak. This left no opportunity for the government to establish a roadblock to keep the team from getting to the Refuge. Those who were assigned to “tail” the key players, and they were well known to the FBI by this time, could only tail from the rear, so there was no obstruction in accessing the buildings. That did require “a calm, level headed, common sense approach“, though our “author”, tried to reverse these thoughts in the minds of the reader.

Next, he uses the battle cry of keyboard patriots, “false flag“, to garner attention, and then asserts that he is “logical” and “100% correct“. Finally, he says that what he is going to tell you is “documented verifiable fact“. Now, I must agree, in part, with that final assertion. It is documented. It is verifiable”, however, whether it is fact, or not, is the whole focus of this article. Documentation only requires the existence of a document, and in this case, there are hundreds. Perhaps thousands, of internet “documents”, that will support his claims. So, it is also verifiable, that we cannot dispute. The whole question hinges on whether it is factual. And, here lies the problem.

Let me digress. In a recent discussion in a patriotic forum, it was suggested, regarding Ryan Payne, that he should have defended himself against the allegations that he claimed to be a Ranger. However, when those claims came out, Ryan pretty much had his hands full at the Bundy Ranch. So, should he drop everything, ignore his obligations and responsibilities to address such allegations, just because they were brought up?

To answer that question, I can refer to my own experiences. Back in 1995, I was accused of being John Doe #4 in the Oklahoma City Bombing. This all came from a single article by Bill Cooper. Now, should I drop my travelling, investigating, and writing, and redirect my efforts to addressing this, or should I continue on with my original purpose? Had I curtailed my efforts to get to the bottom of stories of interest to patriots to “defend” myself against this allegation, that very act imply, that defense was needed, and perhaps it was true? It was seventeen years later, when there were over 40,000 iterations (verifiable documentation) of that single story, that I finally said, “that’s enough”, and did a two-hour radio show to dispel the accusation. If you are interested in the background, and the proof of the falsehood of the accusation, the audio of that show can be found here.

As George Carlin advised us, “Never argue with an idiot. They will only bring you down to their level and beat you with experience.”

Among the many efforts to denigrate Payne, Yingling says, “Back during the Bundy situation, Ryan Payne declared himself the unofficial “leader” of the militias present at the Bundy ranch“. So, is that verifiable, and is it fact? Well, I have seen similar assertions, many times. So it is verifiable, at least that it was said. However, the “fact” (pesky little devils) is that his role at the Bundy ranch was far from what is suggested. Ryan was “Militia Liaison” to Cliven Bundy. And there is a very valid reason for such a designation. If Cliven Bundy had developed a direct relationship with the militia then the “law of agencies” would make the “principal”, Cliven Bundy, responsible and liable for the acts of any of his “agents”. That would provide legal fodder, should any accident result in injury or damage to property, and make accidents and injuries the responsibility of Cliven Bundy, which would be grounds for lawsuits, resulting in the loss of his ranch, everything he owned, and perhaps prison time. More so if the charges were brought by the federal government. The role of Militia Liaison breaks that legal responsibility and directs it to the individual that committed, whether an agent or an accident, injury to another or damage to property. So, he was not the “leader” of the militia, instead he was the liaison. So, he communicated between the two elements. As such, he had to endeavor to create an atmosphere that would provide for a cohesive effort. That effort was sustained from his arrival until the Unrustling, on April 12, and even beyond, where disputes were resolved, and attempts to subvert the efforts of the militia were a constant hindrance. Those who wish to “verify” this “fact” are welcome to contact Cliven Bundy.

 

So, let’s get back to another allegation made against Ryan Payne, that being that he “also claimed to be an Army Ranger, But when we had someone at the Ranger School check their records. They said NO Ryan Payne had EVER attended that school“. When this allegation was made, I contacted Ryan (I had been in regular communication with him during the entire Bundy Affair) and discussed it with him, agreeing to take the burden off of him. He arranged to have copies of two awards that he had received while in the Army, and I pursued seeking audio recordings of him saying that he was a “Ranger”. I spoke to many who said that they had heard him say it, and one of them is well known for recording conversations, yet none of them recording Ryan saying that he was a Ranger. However, I did run across two recordings where Ryan said that he had been in “a Ranger unit”. This information was published in an article, “Stealing Valor“, in May 2014. As the title suggests, it was not stolen valor, instead, it was an effort to steal Ryan’s valor away from him.

Next, let’s look at what was said about Jon Ritzheimer. Yingling, apparently, believes that he is a psychiatrist, or at least a psychologist, since he feels he is qualified to state that Jon “is exhibiting all the classic signs of PTSD”. Bravo, Christian, though I’m not sure what “classic” means, and almost all returning vets are diagnosed as having PTSD and given a prescription medications. Even the VA admits that they don’t try to treat it, but many thousands of veterans so diagnosed are productive members of their community. Jon, for example, after working for others, began his own business. His background is explained in “Jon Ritzheimer – When did Freedom of Speech Become Hate Speech?

Yingling, in his paragraph on Jon Ritzheimer, says, “How could ANYONE in their right mind think that dying trying to fight the BLM of all things is going to ‘change the govt’?” I’m not quite sure why it was included there, but it is worthy of note. What will change the government? I know it is rhetorical, but it is also realistic. Has voting worked? How about demonstrations, petitions, letters, calls to congresscritters? I think it might be appropriate, here, to quote a portion of Patrick Henry’s famous speech of March 23, 1775:

I have but one lamp by which my feet are guided; and that is the lamp of experience. I know of no way of judging the future but by the past. And judging by the past, I wish to know what there has been in the conduct of the British ministry for the last ten years to justify those hopes with which gentlemen have been pleased to solace themselves and the house? Is it that insidious smile with which our petition has been lately received? Trust it not, sir; it will prove a snare to your feet. Suffer not yourselves to be betrayed with a kiss. Ask yourselves how this gracious reception of our petition comports with those war like preparations which cover our waters and darken our land. Are fleets and armies necessary to a work of love and reconciliation? Have we shown ourselves so unwilling to be reconciled that force must be called in to win back our love? Let us not deceive ourselves, sir. These are the implements of war and subjugation – the last arguments to which kings resort. I ask gentlemen, sir, what means this martial array if its purpose be not to force us to submission? Can gentlemen assign any other possible motive for it? Has Great Britain any enemy in this quarter of the world to call for all this accumulation of navies and armies? No, sir, she has none. They are meant for us: they can be meant for no other. They are sent over to bind and rivet upon us those chains which the British Ministry have been long forging. And what have we to oppose them? Shall we try argument? Sir, we have been trying that for the last ten years. Have we anything new to offer upon the subject? Nothing. We have held the subject up in every light of which it is capable; but it has been all in vain. Shall we resort to entreaty and humble supplication? What terms shall we find which have not been already exhausted? Let us not, I beseech you, sir, deceive ourselves longer. Sir, we have done everything that could be done to avert the storm which now coming on. We have petitioned – we have remonstrated – we have supplicated – we have prostrated ourselves before the throne, and have implored its interposition to arrest the tyrannical hands of the ministry and Parliament. Our petitions have been slighted; our remonstrances have produced additional violence and insult; our supplications have been disregarded; and we have been spurned, with contempt, from the foot of the throne. In vain, after these things, may we indulge the fond hope of peace and reconciliation. There is no longer any room for hope. If we wish to be free – if we mean to preserve inviolate those inestimable privileges for which we have been so long contending – if we mean not basely to abandon the noble struggle in which we have been so long engaged, and which we have pledged ourselves never to abandon until the glorious object of our contest shall be obtained – we must fight! I repeat it, sir, we must fight!! An appeal to arms and to the God of Hosts is all that is left us! (emphasis mine)

So, how does Yingling suggest that we “change the govt“? To point out problems is easy enough, and it is easy enough, too, to find support on the Internet to prove the existence of the problem. The problem is that it is solutions that are necessary. After all, we have multitudes, perhaps nearly enumerable, amounts of problems. It is those who seek a solution that we should revere, not condemn.

Now, Yingling has tried to trash others, and I’m sure that he has found “verifiable sources”, though, perhaps, only partially, or even void of facts. However, I have chosen both Ryan and Jon to demonstrate Yingling’s fallacy, as I already have the facts on those subjects. Those facts were developed from diligent research, not of what others have, verifiably, written, but to the source, for the purpose of writing articles. Though there may be 40,000 statements to some subject, there is only one fact. It is the quality of the information, not the quantity that matters.

Such unsubstantiated rantings, as we have discussed, can only serve to harm the patriot community. At this time when we need unity, we find division. Perhaps it is time to consider whether we really want to “change the govt“, or just play like we do.

For the record, in my twenty-three years of writing for the patriot community, I have only publically accused two people of being contrary to the interest of the community. The first was Linda Thompson, back in the 90s and the era of fax networking, not the Internet. The second was Christopher Blystone. Both have substantiated facts, both verifiable and documented by other than the perpetuation of destructive rumors.

Finally, we must look at what motivates one to do such as Yingling has done. First, let me state that I am not accusing Yingling of having any specific motivation behind what he wrote, rather it is what he wrote that I am addressing. I fully understand that often sincere purpose can lead to erroneous conclusions. It is the purpose of this article to explain the nature of the consequence of the propagation of erroneous, or invalid, information, based upon both substantiated and unsubstantiated “facts”, and more importantly, the tendency to create “facts” based upon theory rather than base theory upon facts.

The two most likely motivations are, first, the desire to appear to have inside knowledge, what I refer to in the Vortex article, as the “guess what I know” mentality, or as a friend describes it, “useful idiots”.

The second, and far more sinister, is the one that often feeds “facts” to the above described individuals. Once fed, the “information” is composed into the subsequent misinformation (that is so destructive to our community), and is perpetuated, ad infinitum, and quite often sensationalized in the process. As explained in “Vortex”, the person that first plants these destructive seeds into the community is the “Vortex”, and he plants them with a specific intention, that of disruption, conflict, division, and, hopefully, in their efforts, to created a dysfunctional community out of one that must rely upon cohesiveness. It is a community wherein, if one disagrees with the actions of another, though those actions are directed at achieving the common goal, as the events on Burns surely are, then he should not go public with malicious attacks, as they only serve the government. For, to do so does far more harm than simply keeping your mouth shut.

I believe this has been amply demonstrated by the events in Oregon, as we see organizations that were critical of, but not outspoken against, the operation, now coming together in order to protect those at the Refuge from harm by the federal government. As the old saying goes, “Lead, follow, or get out of the way!” Do not be an obstruction to the efforts of others, as they are pursuing the same goal, as are all of those who really are patriotic, and believe in their country, not the government.

Maryland Resolves, December 12, 1774
As our opposition to the settled plan of the British administration to enslave America will be strengthened by a union of all ranks of men in this province, we do most earnestly recommend that all former differences about religion or politics, and all private animosities and quarrels of every kind, from henceforth cease and be forever buried in oblivion; and we entreat, we conjure every man by his duty to God, his country, and his posterity, cordially to unite in defense of our common rights and liberties.