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On general principles of law and reason, the oaths which these pretended agents of the people take "to support the Constitution," are of no validity or obligation. And why? For this, if for no other reason, viz., that they are given to nobody. There is no privity (as the lawyers say) -- that is, no mutual recognition, consent, and agreement -- between those who take these oaths, and any other persons.

If I go upon Boston Common, and in the presence of a hundred thousand people, men, women and children, with whom I have no contract on the subject, take an oath that I will enforce upon them the laws of Moses, of Lycurgus, of Solon, of Justinian, or of Alfred, that oath is, on general principles of law and reason, of no obligation. It is of no obligation, not merely because it is intrinsically a criminal one, but also because it is given to nobody, and consequently pledges my faith to nobody. It is merely given to the winds.

It would not alter the case at all to say that, among these hundred thousand persons, in whose presence the oath was taken, there were two, three, or five thousand male adults, who had secretly--by secret ballot, and in a way to avoid making themselves individually known to me, or to the remainder of the hundred thousand--designated me as their agent to rule, control, plunder, and, if need be, murder, these hundred thousand people. The fact that they had designated me secretly, and in a manner to prevent my knowing them individually, prevents all privity between them and me; and consequently makes it impossible that there can be any contract, or pledge of faith, on my part towards them; for it is impossible that I can pledge my faith, in any legal sense, to a man whom I neither know, nor have any means of knowing, individually.

So far as I am concerned, then, these two, three, or five thousand persons are a secret band of robbers and murderers, who have secretly, and in a way to save themselves from all responsibility for my acts, designated me as their agent; and have, through some other agent, or pretended agent, made their wishes known to me. But being, nevertheless, individually unknown to me, and having no open, authentic contract with me, my oath is, on general principles of law and reason, of no validity as a pledge of faith to them. And being no pledge of faith to them, it is no pledge of faith to anybody. It is mere idle wind. At most, it is only a pledge of faith to an unknown band of robbers and murderers, whose instrument for plundering and murdering other people, I thus publicly confess myself to be. And it has no other obligation than a similar oath given to any other unknown body of pirates, robbers, and murderers.

For these reasons the oaths taken by members of Congress, "to support the Constitution," are, on general principles of law and reason, of no validity. They are not only criminal in themselves, and therefore void; but they are also void for the further reason that they are given to nobody.

It cannot be said that, in any legitimate or legal sense, they are given to "the people of the United States"; because neither the whole, nor any large proportion of the whole, people of the United States ever, either openly or secretly, appointed or designated these men as their agents to carry the Constitution into effect. The great body of the people--that is, men, women and children--were never asked, or even permitted, to signify, in any formal manner, either openly or secretly, their choice or wish on the subject. The most that these members of Congress can say, in favor of their appointment, is simply this: Each one can say for himself:

I have evidence satisfactory to myself, that there exists, scattered throughout the country, a band of men, having a tacit understanding with each other, and calling themselves "the people of the United States," whose general purposes are to control and plunder each other, and all other persons in the country, and, so far as they can, even in neighboring countries; and to kill every man who shall attempt to defend his person and property against their schemes of plunder and dominion. Who these men are, individually I have no certain means of knowing, for they sign no papers, and give no open, authentic evidence of their individual membership. They are not known individually even to each other. They are apparently as much afraid of being individually known to each other, as of being known to other persons. Hence they ordinarily have no mode either of exercising, or of making known, their individual membership, otherwise than by giving their votes secretly for certain agents to do their will. But although these men are individually unknown, both to each other and to other persons, it is generally understood in the country that none but male persons, of the age of twenty-one years and upwards, can be members. It is also generally understood that all male persons, born in the country, having certain complexions, and (in some localities) certain amounts of property, and (in certain cases) even persons of foreign birth, are permitted to be members. But it appears that usually not more than one half, two-thirds, or, in some cases, three-fourths, of all who are thus permitted to become members of the band, ever exercise, or consequently prove, their actual membership, in the only mode in which they ordinarily can exercise or prove it, viz., by giving their votes secretly for the officers or agents of the band. The number of these secret votes, so far as we have any account of them, varies greatly from year to year, thus tending to prove that the band, instead of being a permanent organization, is a merely pro tempore affair with those who choose to act with it for the time being. The gross number of these secret votes, or what purports to be their gross number, in different localities, is occasionally published. Whether these reports are accurate or not, we have no means of knowing. It is generally supposed that great frauds are often committed in depositing them. They are understood to be received and counted by certain men, who are themselves appointed for that purpose by the same secret process by which all other officers and agents of the band are selected. According to the reports of these receivers of votes (for whose accuracy or honesty, however, I cannot vouch), and according to my best knowledge of the whole number of male persons "in my district," who (it is supposed) were permitted to vote, it would appear that one-half, two-thirds or three-fourths actually did vote. Who the men were, individually, who cast these votes, I have no knowledge, for the whole thing was done secretly. But of the secret votes thus given for what they call a "member of Congress," the receivers reported that I had a majority, or at least a larger number than any other one person. And it is only by virtue of such a designation that I am now here to act in concert with other persons similarly selected in other parts of the country. It is understood among those who sent me here, that all the persons so selected, will, on coming together at the City of Washington, take an oath in each other's presence "to support the Constitution of the United States." By this is meant a certain paper that was drawn up eighty years ago. It was never signed by anybody, and apparently has no obligation, and never had any obligation, as a contract. In fact, few persons ever read it, and doubtless much the largest number of those who voted for me and the others, never even saw it, or now pretend to know what it means. Nevertheless, it is often spoken of in the country as "the Constitution of the United States"; and for some reason or another, the men who sent me here, seem to expect that I, and all with whom I act, will swear to carry this Constitution into effect. I am therefore ready to take this oath, and to co-operate with all others, similarly selected, who are ready to take the same oath

This is the most that any member of Congress can say in proof that he has any constituency; that he represents anybody; that his oath "to support the Constitution," is given to anybody, or pledges his faith to anybody. He has no open, written, or other authentic evidence, such as is required in all other cases, that he was ever appointed the agent or representative of anybody. He has no written power of attorney from any single individual. He has no such legal knowledge as is required in all other cases, by which he can identify a single one of those who pretend to have appointed him to represent them.

Of course his oath, professedly given to them, "to support the Constitution," is, on general principles of law and reason, an oath given to nobody. It pledges his faith to nobody. If he fails to fulfill his oath, not a single person can come forward, and say to him, you have betrayed me, or broken faith with me.

No one can come forward and say to him: I appointed you my attorney to act for me. I required you to swear that, as my attorney, you would support the Constitution. You promised me that you would do so; and now you have forfeited the oath you gave to me. No single individual can say this.

No open, avowed, or responsible association, or body of men, can come forward and say to him: We appointed you our attorney, to act for us. We required you to swear that, as our attorney, you would support the Constitution. You promised us that you would do so; and now you have forfeited the oath you gave to us.

No open, avowed, or responsible association, or body of men, can say this to him; because there is no such association or body of men in existence. If any one should assert that there is such an association, let him prove, if he can, who compose it. Let him produce, if he can, any open, written, or other authentic contract, signed or agreed to by these men; forming themselves into an association; making themselves known as such to the world; appointing him as their agent; and making themselves individually, or as an association, responsible for his acts, done by their authority. Until all this can be shown, no one can say that, in any legitimate sense, there is any such association; or that he is their agent; or that he ever gave his oath to them; or ever pledged his faith to them.

On general principles of law and reason, it would be a sufficient answer for him to say, to all individuals, and all pretended associations of individuals, who should accuse him of a breach of faith to them:

I never knew you. Where is your evidence that you, either individually or collectively, ever appointed me your attorney? that you ever required me to swear to you, that, as your attorney, I would support the Constitution? or that I have now broken any faith I ever pledged to you? You may, or you may not, be members of that secret band of robbers and murderers, who act in secret; appoint their agents by a secret ballot; who keep themselves individually unknown even to the agents they thus appoint; and who, therefore, cannot claim that they have any agents; or that any of their pretended agents ever gave his oath, or pledged his faith, to them. I repudiate you altogether. My oath was given to others, with whom you have nothing to do; or it was idle wind, given only to the idle winds. Begone!

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No Treason VI, Contents:

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11 comments

26 Mar 2010 @ 16:57 by bushman : Hey :}
Nice to see you blow through :}

My contention is that rather than coerce the people to some how afford health insurance, for instance, our so called reps, should have gone after those that would have took everything you worked for before you got sick seem to think they are entitled to everything you own because they assumed they saved your life. The fact that the hospitals and drug pushers charge like hyway robbery just for a CT scan and only look for the obvious. I mean if I can go to a chiropractor and get an Xray for 73 bucks, and go to a hospital for an Xray and they charge 500 bucks, then that is where the gov should be stepping in regualating what a hospital can charge for anything they do. And because 90% of the time its based on pain, like we will relive your pain, but its going to cost you your home and your income for the rest of your life. My contention is 7000 bucks is just plain robbery just to have them tell you that you have a kidney stone, and when it only costs 1 buck for a bullet that will end all your pain and basicly solve your money problems. But did you see when the so called health bill passed, the stock market rallied on high? That was thier true plan, not the betterment of health care.  



26 Mar 2010 @ 20:16 by jmarc : ratatatay
I remember having to go to the emergency room for my chronic back pain, since i had no insurance, and no one else would take me without it. They hustled me into a jonny, and the left me alone on a cot for 6 hours, before a doctor came in and rapid fired questions to me for1 or 2 minutes. After assuring him that i wasnt a drug seeker, and didnt want pain meds, just a simple muscle relaxant, he wrote the prescription. A couple weeks later, I got the bill, for 6 hours emergency room time=$1,500.00. Needless to say, I started considering Bushmans bullet after that experience.
Remember, it matters not who we elect, we still get the same guvmint.
{LINK:http://www.youtube.com/watch?v=cRH-xzrCiQo&feature=youtube_gdata|RATATATAY}  



26 Mar 2010 @ 20:49 by jmarc : The Metaphor
A true story about George Melly channelling a Kurt Schwitters sound-poem to scare off potential muggers. To paraphrase Mike Harding, he created a Dadaist force field around himself and essentially out-weirded his assailants, who fled. An audacious strategy, but attempt it at your own risk  


27 Mar 2010 @ 01:23 by bushman : lol
Like the berzzerker in whatever that movie was, cracked me up that he got away with it for so long. :}  


27 Mar 2010 @ 05:08 by vaxen : Ah you guys...
Thanks for your comments and tid bits of tales. I've always had great service from the health care community here. Having been stabbed, shot, beaten up by overwhelming numbers of thugs, and in automobile wrecks - for some reason I've always gotten great service without ever once having had to pay for it. I don't carry the mafia's insurance whether that be Cosa Nostra or Government or any body elses. It's a mystery but Obamacare? There is a ton of shit in that bill that has nothing to do whatsoever with health care. Pell Grants, for instance, as well as renewing the Terrorist Act and other slimy stuff too numerous to mention. John Taylor Gatty's work, in the lieu, is a place to begin to understand what is going on with the dumbing down of Americans to the point where they do not even notice anything amiss with the knaves, thieves, liars, and murderers ensconced in the Whitehouse in their supposed name. "We the people" is a ruse...

Great to see you and I hope to be back a little more often as the ceiling clears and the dust of battle settles. ;) Au Revoir.  



27 Mar 2010 @ 12:42 by mortimer : hau hau
Vaxen!

Now Obamacare has a special program just for guys like Jazzo!

Over night, half of America started saying "this is really happening" or how about this one...."Silly me, I thought our representatives were supposed to represent us". Well gee, doh! people been warning about it, been screaming it from roof tops for near 10 years.


Being Native American, I know they perfected genocide on my people. Guess who's next...hmmm  



27 Mar 2010 @ 12:48 by mortimer : The Peoples Grand Jury
and the a 4th branch of government....


<SNIP>

Monroe County Tennessee Grand Jury
The Future of Freedom and the 4th Branch
By JB Williams Sunday, December 20, 2009

Is it possible that the future of freedom rests in the hands of a Monroe County Tennessee Grand Jury? In an era of strange and hard to explain daily events, it might be more than possible.

We often speak of the three branches of the federal government and the hypothetical separation of powers between them—a separation no one could prove today.

For more than a hundred years now, we assumed that these three administrative branches, the Executive, Legislative and Judicial branches, would provide adequate protections for the people and their future of freedom and liberty via checks and balance put in place by our nation’s Founders for that very purpose.

We assumed wrong… and the Founders were correct to assume that one day, a generation or two of Americans would fail to keep their elected officials in check, which is why they often spoke of a 4th branch of government, a branch seldom mentioned in America today.
The 4th branch of the federal government is “the people.”

When the other three branches of government fail to keep themselves in check, within the confines of the powers afforded them by the people and the states under the US Constitution, the 4th branch, the people, have the power and the obligation to put them back in check. But when is the last time you heard anyone speak of the 4th branch?

The final buck stops with us, “the people.” We are held accountable for what happens to this nation.

“The spirit of resistance to government is so valuable on certain occasions that I wish it to be always kept alive.”—Thomas Jefferson

We have come to expect Washington DC elites to live outside of the laws they pass - to institute laws they have no Constitutional authority to pass—and to see themselves as omni-powerful rulers operating with immunity, beyond the reach of the commoners.

We have forgotten our role in government, as the 4th branch, the final arbiter of truth and justice, and the final defenders of freedom and liberty, wherein the people take control of the situation whenever the other three branches of government become destructive of these ends.
Now, here is where the real lesson begins…

The 4th branch is the final wall of defense that stands between a future of freedom and a future of tyranny and slavery. When elected officials fail to keep themselves in check and the Supreme Court fails to step in and uphold the US Constitution as the law of this land, only the people, the 4th branch, can derail the destruction of our free republic.

“The republican is the only form of government which is not eternally at open or secret war with the rights of mankind.”—Thomas Jefferson

Today, we find ourselves in the presence of a runaway federal government. All three branches are working in concert towards the total destruction of the free republic. Not even the US Supreme Court, which has the power to reach down and take up the constitutionality of the actions taken by the legislative and executive branches, is willing to do so today.

That leaves the future of freedom and liberty squarely in the hands of the 4th branch, the people.

Some have been taught to believe that we have a government of, by and for the people, and that the people must live with the consequences of elections, even when elections are fraudulent and the people have been manipulated into that corner. They believe that no 4th branch exists, or that the 4th branch has no peaceful remedy beyond waiting for the next election cycle.

They are wrong on both counts…

The three branches of government exist to “serve” the people and the states, not to “rule” over anyone. Our Declaration of Independence clearly states—“That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness.”

The people have the power under this clause alone. But is this the only remedy left when all three administrative branches of the federal government become destructive of the nation?

The Bill of Rights begins with—“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

If the people have the right to “peaceably assemble, and to petition the government for a redress of grievances,” this means that the people, the 4th branch, have a remedy short of all out revolution. But what is it?

What is the mechanism by which the people can assemble and petition their government for redress?

* Are the people limited to only a violent solution?
* Are the people stuck with tyranny until the next election?
* Are the people limited to public protests?
* Are the people limited to letter, fax and email campaigns?
* Are the people limited to signed petitions?

Are any of these things what the Founders had in mind when they wrote and ratified the Charters of Freedom?

A runaway government is not likely to hear any of these forms of dissent. An elite ruling class is not likely to concern themselves with such toothless measures. We have seen that these peaceful petitions for redress mean nothing to them.
The People’s Grand Jury is the Device

To petition the government is to do so within the legal system, to ask a court to step in and rule on the constitutionality of governments actions. I’m not referring to the Citizen Grand Juries being formed outside of the justice system in desperation, although they are constitutionally grounded in those efforts. I’m talking about the court appointed Grand Juries.

Justice Powell, in United States v. Calandra, 414 U.S. 338, 343 (1974), stated: “The institution of the grand jury is deeply rooted in Anglo-American history. [n3] In England, the grand jury [p343] served for centuries both as a body of accusers sworn to discover and present for trial persons suspected of criminal wrongdoing and as a protector of citizens against arbitrary and oppressive governmental action. In this country, the Founders thought the grand jury so essential to basic liberties that they provided in the Fifth Amendment that federal prosecution for serious crimes can only be instituted by ‘a presentment or indictment of a Grand Jury.”

Clearly, the People’s Grand Jury is intended to serve the purpose of keeping the federal justice department in check related to wrongful oppressive prosecution of citizens for political witch hunts. But does the power of the People’s Grand Jury stop there?

“Cf. Costello v. United States, 350 U.S. 359, 361- 362 (1956). The grand jury’s historic functions survive to this day. Its responsibilities continue to include both the determination whether there is probable cause to believe a crime has been committed and the protection of citizens against unfounded criminal prosecutions. Branzburg v. Hayes, 408 U.S. 665, 686-687 (1972).”

This means that the Grand Jury has TWO functions and TWO powers. To protect citizens from wrongful prosecution, and to review evidence to determine whether or not probable cause exists to determine if a crime has been committed.

Different states have different laws in place in this regard. Some states allow only a government prosecutor to present evidence to the Grand Jury. Other states allow any citizen to appear before the Grand Jury to present evidence of a crime.

This begs the question, who does the People’s Grand Jury belong to? Supreme Court Justice Anthony Scalia seems to answer this question in United States v. Williams…

In discussing that power and unique independence granted to the grand jury, the United States Supreme Court, in United States v. Williams, 504 U.S. 36 at 48 (1992), Justice Scalia, delivering the opinion of the court, laid down the law of the land: ” ‘[R]ooted in long centuries of Anglo-American history, Hannah v. Larche, 363 U.S. 420, 490 (1960) (Frankfurter, J., concurring in result), the grand jury is mentioned in the Bill of Rights, but not in the body of the Constitution. It has not been textually assigned, therefore, to any of the branches described in the first three Articles. It “‘is a constitutional fixture in its own right.’” United States v. Chanen, 549 F.2d 1306, 1312 (CA9 1977) (quoting Nixon v. Sirica, 159 U.S. App. D.C. 58, 70, n. 54, 487 F.2d 700, 712, n. 54 (1973)), cert. denied, 434 U.S. 825 (1977). ’ ” - Justice Scalia also stated, that “the grand jury is an institution separate from the courts, over whose functioning the courts do not preside.”

This means that the People’s Grand Jury belongs to the people, as a means of keeping government in check. According to Justice Scalia, it “‘is a constitutional fixture in its own right.’” - “the grand jury is an institution separate from the courts, over whose functioning the courts do not preside.”

The People’s Grand Jury is again, the people’s last legal line of defense against an abusive government, providing a peaceful legal remedy and a place for the people to assemble peaceably and petition for redress of grievances.
Monroe County Tennessee

On December 1, 2009, Ret. Lt. Commander Walter Fitzpatrick III sat before a Grand Jury screening panel of four men and presented evidence of obstruction within the Monroe County justice system—obstruction intended to prevent Commander Fitzpatrick from presenting evidence of the highest crime in our land, the crime of Treason and the accused is the sitting president of the United States.

Tennessee law allows any citizen to appear before the Grand Jury and present evidence of a crime. The Grand Jury has a fiduciary responsibility to review that evidence in good faith and determine whether or not sufficient evidence has been presented to justify further investigation and prosecution.

Other states like Wisconsin have what is called “John Doe Proceedings” in which the identity of the citizen is kept secret, like the identity of the Grand Jury members, especially when evidence of crimes by the government are being presented.

Jury Foremen Gary Pettway was accused of obstruction. Yet it was Pettway who “leaked” false information to Knoxville News WVLT, stating that the Monroe County Grand Jury would issue a finding on Monday December 7th. That never happened…

On December 3rd, the local paper, the Monroe County Advocate, published false information about the events of December 1st.—“Fitzpatrick is claiming President Obama is actually Barry Soetoro and was not born in the United States and is therefore serving illegally. - Fitzpatrick has made his case before the Monroe County grand jury before, but Tuesday was the first time that an indictment might have been returned. The grand jury indictments will be sealed until Dec. 7,”

Fitzpatrick was not allowed to present to the Grand Jury on that day. He was only allowed to present to a four person partial panel of the Jury, as Gary Pettway ushered the other Jury members out of the chamber before Fitzpatrick entered the room. They state that “indictments will be sealed until Dec. 7,” indicating that indictments will be handed down, even though Fitzpatrick was blocked from presenting evidence to the full Grand Jury.

On December 8, the day after the Jury was supposed to “unseal indictments,” the Monroe Advocate issued a second round of false claims—“Despite a brief media frenzy, indictments sought against President Obama, a grand jury foreman and an assistant district attorney were not returned by the Monroe County grand jury.”— when in fact, the Jury had neither indicted, or notified Fitzpatrick that no indictment would be coming.

Where is the Monroe County Advocate getting its information? Gary Pettway perhaps?—As of this writing, the Monroe County Grand Jury has issued no formal public statement about the Treason charges still pending in Monroe County Tennessee.
The People’s Grand Jury

Whether they know it or not, the future of freedom and the 4th branch may rest with the Grand Jury of Monroe County Tennessee today. Thank God it doesn’t rest with the Monroe County Advocate, which can’t seem to get their facts right.

The people’s first amendment right to redress rests at the People’s Grand Jury. Because no court appointed jury has acted upon a mountain of evidence against Barack Hussein Obama, some citizens have taken to forming Citizen Grand Juries in a desperate attempt to find justice in America. Others have convened Continental Congress meetings, just like the original Continental Congress, in their desperate effort to take their nation back from tyrannical thugs.

But if the Monroe County Grand Jury finds the mountain of evidence against Obama sufficient to order further investigation, the people’s jury might just stop what could come if the people find that they have NO RIGHT of REDRESS anywhere in the US legal system…

I pray that some court or jury somewhere in the country finds a way to let the people’s evidence be heard, because I worry about what happens to my country in the coming days and weeks, if the people’s right of redress is limited to a full scale revolution.

Our right of redress must not be limited to violent revolt. More than 60% of American citizens oppose everything going on in Washington DC today. I pray that the courts have the capacity to remedy the situation, before angry citizens decide that there is no peaceful solution.

</SNIP>  



28 Mar 2010 @ 17:58 by vaxen : Mortimer...
Thank you so much for the above. Great to see ya. Got a link for the above piece?  


28 Mar 2010 @ 23:27 by mortimer : Great to see ya too

The Peoples Grand Jury - the 4th branch of government - http://www.canadafreepress.com/index.php/article/18127  



4 Apr 2010 @ 10:45 by vaxen : Thanks...
Mortimer. Interestingly enough I had already read that link which I got via google search searching for, of all things, the People's Grand Jury! 4th Branch of Government... Mucho appreciated my friend.  


25 Apr 2010 @ 09:19 by vaxen : ...
Obama is not eligible for the office he currently holds and everyone in a position to know - already knows.  


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