Every man has the right of self-preservation. It is the law of every living organism; neither man nor beast waits for permission to use it. It is a natural right.
This right includes the right of judgment, and the right of execution (the power to compel a judgment). In most men, these rights are defective because of weakness, ignorance, or incapacity. They are defective, also, because there is hardly a man who can be impartial where he has an interest; and, in the heat of passion, he may retaliate far beyond the injury. Because of these defects, men have organized governments, and have made partial delegations of these rights to such governments.
The theory is that governments will provide impartial judges, and make restitution and punishment equal an injury. Men have yet to convert this theory to practice, and they never will; for you see, they delegate and attempt to limit these powers with a constitution; the problem is, a constitution only distinguishes a lawful death squad from an unlawful one.
Despite this, American governments began reasonably; but have degenerated into oriental despotisms. As such, they have committed uncountable crimes against humanity; Operation Keelhaul and Operation Phoenix come to mind; the mutilation of American soldiers with depleted uranium is another. All these were consciously done, and consciously concealed. A man who does such could hardly be expected to investigate ' much less prosecute ' his own crime. The same is true for a group of men and women; it makes no matter whether they call themselves a government, a priesthood, or nobility.
How, then, do we obtain redress when governments commit crimes?
'They who create magistrates are the sole judge as to whether the intended goal be achieved or not.' [1]
And so, we take back our rights of judgment and execution. We do not have to invent anything; we only have to learn English and American history. The right to take back delegated power was clearly declared during the American Revolution.
If a man surrenders all his [natural] alienable rights, without reserving a control over the supreme power, or a right to resume in certain cases, the surrender is void. [2]
We could say this right is reserved to us by Amendment Nine; but this is unnecessary. It is more particularly reserved to us by the First Amendment, 'Congress shall make no law abridging the right of the people to petition the government for a redress of grievances.'
So, how do we take back rights with the right of petition? We do precisely what American Founders did: they exercised their 'right of petition' exactly as English parliaments had been doing for more than 500 years. Parliament originated as a body of private men for the purpose of presenting petitions to the king for redress. Such petitions have always been mandatory on the king. Originally, if the king or his justices failed to redress a grievance within 40 days, the entire nation had a right of violence against the king and his justices until remedy was given. [3]
This right of violence was later modified to a procedure that required the king to satisfy grievances before parliament would vote taxes for him: that is, no redress, no taxes. It's real simple.
English history is full of examples of this procedure. In other words, this procedure of 'redress before taxes' has always been an essential component of the right of petition. The Continental Congress officially declared it to be a major right Americans intended to secure by the Revolution.
If money is wanted by Rulers, who have in any manner oppressed the people, they may retain it, until their grievances are redressed; and thus peaceably procure relief, without trusting to despised petitions, or disturbing the public tranquility . . . .
Our confederation . . . has no other objects than the perfect security of the natural and civil rights of all the constituent members . . . on the salutary and constitutional principles herein before mentioned. [4]
In other words--and note these words carefully--if Americans have a grievance, they have a constitutionally protected right to withhold their taxes.
So, what is a grievance? It is any act that tends to subvert the Constitution, rights of Americans, or laws of the land. It makes no matter whether the act is committed by a private person or a public servant; either would be a grievance. Here are some examples: the failure to investigate the events of 9/11, and the attack on the USS Liberty; unlimited immigration; CIA complicity in the drug trade; the war in Iraq . Oh, there are so many more.
So we have a right and grievances: What can we do with them? Here, English history gives spectacular examples. English parliaments prosecuted :
- Judges for rendering unconstitutional decisions; inflicting cruel and unusual punishments, and excessive fines; accepting bribes; intimidating juries and witnesses; violating rules of evidence, or any other rule of due process;
- Sheriffs, tax farmers, and officers of the custom for imposing and collecting taxes without the consent of parliament;
- Officers of the king for dispensing with laws enacted by parliament; and executing 'laws' not approved by parliament
- Members of the clergy for preaching the doctrine of divine right of kings ' that is, that kings had sovereign immunity, and could not be sued but by their own consent.
Punishments for these men included fines, imprisonment and loss of office.
Three prosecutions were noteworthy: a governor of Scotland , and then Ireland , an archbishop, and a king--thought they could execute laws and collect taxes that had never received the assent of parliament. They all, that is, promoted the divine right of kings. They, also, were led to the block, and their heads struck from their bodies. So much for the divine right of kings.
All this was done by an assembly of private men: for, at this time parliament was not a part of the English government.
Thus, we see that the right of petition is not a right at all--it is a power that guards all other rights.
Did you notice how American Founders began, and then won, their Revolution? They first organized into 'assemblies.' Here, they met one another; they discussed their grievances and ways to obtain redress; they declared their rights; and then appointed committees to accomplish their goals. By this procedure, they took back their sovereignty--and founded a most unusual experiment in the history of man.
We must do the same. If we wait for bureaucrats to hang or drown themselves, rivers will run uphill before we have redress.
Our goal is not to stop paying taxes: that will be an incidental consequence. Our goal is to turn America right side up, and bring to justice those who betrayed our ideals.
The Lost Right, ed. 3.5, (145 pp; $29.00 (25.00 +4.00 for p & h)). Send money order to Anthony Hargis, 17632 Irvine Blvd #265, Tustin , Cal. 92780 .
