To: Clackamas County Sheriff Ris Bradshaw
Re: Re-Establishing Lawful Government in Clackamas County
January 21, 2000
I apologize for taking so long to get sp; I apologize for taking so long to get this "Outline" to you of what our group hopes to discuss with you. I personally am inclined towards getting into too much "Detail", & consequently earlier versions of this "Outline" have quickly mushroomed in size to become counter-productive for our purposes. We feel that presenting these issues in fairly detailed written form first will expedite the ability of all concerned to more quickly come to that point where they can come to a fairly clear comprehension of the essentialhe essential issues involved herein, & take that firm stand which their spirits honestly incline them towards, thereon.
It was good to find you so open to phone contact last Friday. Our group has been discussing approaching yourself over our concerns of months now. Your indication of openness to schedule a meeting to discuss these concerns with ourselves sometime next week here was a most welcome evenwelcome event. Similarly welcome, was your well stated firm conviction that any meeting we bring together should be well focused upon "Law" (both Constitutional & Statutory), for you (like ourselves) clearly have no time to pass listening to the idle rantings of noisy do-nothing busy-bodies.
This "Lawful County Government" issue is a very large subject, & it seems imp it seems impossible to comprehensively address the matter in less effort than writing our own thick Law Book. Many different "Handles" are available to everyone honorably concerned with this subject. Our presentment of a few of these issues herein, is intended merely to respectfully seek advancements towards a "Meeting-of-the-Minds" concerning some large & many small problems we perceive which are hindering "Lawful" Governing process in Clackamas County.
&nbs=-1> And, perhaps to start here, we could present a few citations to you here. First would probably best be a favorite fundamental for properly defining "Law". It is from a respected English gentleman named "Blackstone". It reads
"The law of nature, being ... dictated by God Himself, is ... superior in obligatiu> in obligation to any other. It is binding over all the globe in all countries, and at all times no human laws are of any validity, if contrary to this; and such of them as are valid derive their force, and all authority ... from this original."
Yes. That is about sufficient to set the tone for where we are coming from. We would add but briefly that this "God" factor was very big in the mbig in the minds of those who fought so-as-to give blood-laden painful birth to this once-great-nation against the "Law"-less Red Coats drones of King George. Some of the classic statements in support of this concept like "Resistance to Tyrants is Service to God", & "Live Free of Die" come to mind. But again we get into too much detail. At the meeting we can get into such, if that be where the Spirit leads.
1 Governing Body of County; "County Court"
Our group has made contact with Clackamas County Commissioners, & we are presenting to them argument that they have the "Duty" to "Administer Justice" for "We the People of this County, under the "General Jurisdiction" of Article 7 Section 1 of Oregon's Constitution. They are deferring to their Attorney Myles Ward, who evidences an Intences an Intent to evade honestly answering our issues. We will explain more & present supportive evidentiary documentation as things unfold.
2 Townships, Constables, Posse-Comitatus.
The traditional Anglo-Saxon Model for County Government is what America & Oregon Counties are based upon. It encourages smaller groups of "We the People" to carry as much of the s much of the burdens of the Community as possible. This includes "Administration of Justice" & Law-Enforcement/Peace-Officer Duties. The word "Town" is related to the word "Ten", & each was to have their own "Constable" - "Peace-Officer", who was also an "Inferior Judicial Officer". Ten Townships form a "Hundred Court", or in American terminology, a "Precinct". "Townships" & "Hundred Courts" are based on "Laws" which go back past to the Anglo-Saxons to even Moses, in Exodus 18 &dus 18 & Deuteronomy 1; referring therein to organizing the people to "Self-Govern" in groups of 10's, 50's, 100's, 1000's.
The "Posse Comitatus" is to be organized under these Godly "Laws". You sir, are to be the leader of this organized group of "Peace Officers". In fact, it would be good for each of your Deputy Sheriffs to cross-pollinate out into the "Neighborhood Associations" so as to organize &o organize & possibly become "Constables" there-under themselves. This would all significantly enhance your authority in this county.
We respectfully ask you to recognize these Rights of those "Constables" which are self-elected by any 10 heads of households of "We the People", to perform "Community Care-taking Functions" as mentioned in ORS 133.033 but not dependant thereon, all so-as to assist you to assist you in the furtherance of your similar but larger "Duty" to "Conserve" the "Peace" as recognizable under ORS 206.010, but not dependant thereon.
Hereunder, we respectfully ask you that upon presentment of signatures from the heads of 10 House-holds of self-election of a Constable, that your Sheriff's Office automatically issue a Certificate (as opposed to a "licence") to said "Constable" for bostable" for both Un-Concealed & Concealed Weaponry Carrying, for entry into the Court-House while so armed, & for making arrests therein, when such is "Lawful"; & for admonitions of deference to said "Constable" by all persons who may become concerned with his activities as in the same manner as your own Deputy Sheriff's are presently entitled to.
3 Emergencies Emergency Management Plan (Emergency
nt size=-1> There is a US Senate Report No. 93.549, November-1973 in which "A Brief Historical Sketch of the Origins of Emergency Powers Now in Force" & "Emergency Powers Statutes" states as follows
"A majority of the people of the United States have lived all of their lives under emergency rule.cy rule. For 40 years, freedoms and governmental procedures guaranteed by the Constitution have, in varying degrees, been abridged by laws brought into force by states of national emergency. The problem of how a constitutional democracy reacts to great crisis, however, far antedates the Great Depression. As a philosophical issue, its origins reach back to the Greek city-states and the Roman Republic. And, in the United States, actions taken actions taken by the Government in times of great crisis have - from, at least, the Civil War - in important ways shaped the present phenomenon of a permanent state of national emergency."
This problem has reached Oregon Law, as shown by the following
"State Ex Rel Madden V. Crawford (1956) 295 P.2d 174
... under ss 1 of Art 7, as amended in 1910, the Supreme Court is the only court created by the Constitution itself; all other courts are to be created by legislative act. However, it was to prevent a hiatus in the administration of justice pending action by the legislature that the first portion of ss 2 of Art 7, as amended in 1910 was adopted."
This problem has reached Clackamas County, as shown by the "Emergency
Ordinance of Clackamas County" as presented to the County Commissioners
in July-August of 1985 by Sheriff Bill Brooks, & Adopted thereunder
in 1-August-1985. At the end it states that it was adopted because
"This Ordinance being necessary fory for the immediate public welfare, an emergency is declared & found to exist, & this Ordinance takes effect immediately."
The Ordinance quotes ORS Chapter 401, which mandates that
the declared emergency
"shall specify the factors which warrant the exercise of emergency controls. The Chairman of the Boardn of the Board shall terminate the state of emergency when the emergency no longer exists."
The "Emergency Measures" herein itemized are numerous & startling to
those among us concerned with the "Rights" of "We the People" of Clackamas
County. However, the most alarming seems to read on pages 4 &
p; Such emergency measures shall include but not be limited to ... such ... as are found to be immediately necessary for the protection of life and/or property.
For those delegated this authority, this seems to us to be effectively
a blank check to do just about any thing they feel appropriate. Checks
& Balances under the discipline of "Law" seem entLaw" seem entirely demolished.
We find this alarmingly distressing. Page 5 goes on to state that:
Under the provisions of ORS Chapter 401, state resources are available when the appropriate response to an emergency is beyond the capability of the county in which it occurs, the county fails to act, or the emergency involves two or more counties ... .
"State Resources" includes Money/Loans, & hereunder, we find a very
powerful money connection, which in turn allows for corruption of "Law",
& of such Public Officials as the County Commissioners & their
Attorneys. Pages 6 & 7 go to state
... in accordance with ORS Chapter 4 ORS Chapter 401, the emergency management agency is the County Sheriff's Department, Office of Emergency Management; the Clackamas County Sheriff is hereby designated as the Director of Emergency Management. ... Specific duties shall include ...
A: Develop, update, & revise the County's Basic Emergency Operations Plan. ...
-1> G: Recommend to the Board any ordinances, policies, or procedures which would assist the Board & other County officials in the performance of their duties in preparing for, responding to, & recovering from an emergency.
Oregon Revised Statutes outlines an honorable & "Lawful" policy for
responding to "Emergencies". It reads
Emergency Management and Services (Generally) 401.015 Statement of policy and purpose.
(1) The general purpose of ORS 401.015 to 401.105, 401.260 to 401.325 and 401.355 to 401.580 is to reduce the vulnerability of the State of Oregonte of Oregon to loss of life, injury to persons or property and human suffering and financial loss resulting from emergencies, and to provide for recovery and relief assistance for the victims of such occurrences.
(2) It is declared to be the policy and intent of the Legislative Assembly that preparations for emergencies and governmental responsibal responsibility for responding to emergencies be placed at the local government level. The state shall prepare for emergencies, but shall not assume authority or responsibility for responding to such an event unless the appropriate response is beyond the capability of the city and county in which it occurs, the city or county fails to act, or the emergency involves two or more counties.
bsp; Hereunder, we ask you for a copy of that "Emergency Management Plan" & that "Emergency Operations Plan", which seems to be entrusted to your offices. We need to know what "Emergency" measures are presently in effect, & how they may influence "Freedoms & Governmental Procedures" under "Law" which have been "Guaranteed" to "We the People", & yet are seemingly "Abridged" by these "States of Emergency", as evency", as evidenced by the US Senate Report 93.549. We seek to exhaust efforts at "Responding To" & "Recovering From" any present "Emergency" situations which are ongoing in Clackamas County; especially if they affect the "Administration of Justice", as the State Ex Rel Madden v Crawford "Hiatus" reference indicates.
&nbnbsp; In times past, there was no security screening at the Clackamas County Courthouse. This to us indicates that "Emergency" Legislation has "Supplanted" those older procedures for "Peaceful" entry into the Court House under Constitutional "Law". We see no other explanation for this present siege mentality to have become the "Permanent State" of affairs. We find it offensive that the Judges & others therein can no-longer Trust "We the People" to Come & go within Our Co within Our Courthouse in a Peaceable & Public manner.
We find that the seeming only explanation for this is because there has been a shift from Naturally Conscionable "Justice" under "General Law" being Administered therein, over in favor of a the advancement of a Private/Special Emergency/Hiatus Agenda which is detrimental to the best interests of "We the People" & has caused "We the People" to NPeople" to Naturally become Resentful, to which those currently in control are responding by way of this new heightened & thereunder explainable paranoia.
We respectfully ask that your personnel exhaustively search for All Written Evidence touching upon that Authority under purported "Law" which the older Constitutionally Lawful Security Procedures for the County Court-House have modernly become Chanly become Changed to these newer heightened Security Procedures; & that such copies of such Written Evidence be made available to ourselves & the General Public at free or minimal reasonable cost of copying. We ask that All such of this Written Evidence which may specifically tend to reveal whether these heightened Security Procedures for the County Court-House are being acted upon under authority of any form of "Emergency Ordinance", such as the "Emergency Ordinance of Clackamas County" mas County" of 1985 by request of Sheriff Bill Brooks, be specifically similarly made available.
Malum Prohibitum v Malum in Se
"Law" comes from God, Sheriff Brooks (Bradshaw); precisely as set forth in the Blackstone citation above. This is affirmed by Article 1 Section 2 of Oregon's Constitution, specifically referencing "Almighty God". Thereunder, & in Sectioamp; in Sections 3 & 7, that "Conscience" which flows from Him is Intended for the responsible self-governance of each of His People. The founders of this State knew this, & that is why they Repeated the term "Conscience" 3 times. This places this State firmly under "Malum in Se" or "Wrong in it's Self".
"Malum Prohibitum" is a body of so-called "Law" which is clearly distinguishable here-from. It here-from. It is Not "Law" based upon "Conscience" but is so-called "Law" based upon the Feared Administration of the Coercive Force of the State. This leads to all kinds of problems, some of which were addressed on the Nuremberg Trials of the Nazi Germans of World War 2. Therein it was settled that following orders was not sufficient excuse to violate higher laws:
"Principles of the Nuremberhe Nuremberg Tribunal, 1950, No. 82, International Law Commission, United Nations, 1950. Principle 4:
The fact that a person acted pursuant to order of his Government or of a superior does not relieve him from responsibility under international law, provided a moral choice was in fact possible to him."
Civil "Law" is Opposed to Natural Law & Common-Law, This is shown in
Barons Law Dictionary, Steven H. Gifts, Associate Professor of Law, Rutgers, The State University of New Jersey, School of Law, Newark; 1984, Barons Educational Series, Inc. Woodbury New York:
&nont size=-1> Civil... refers to civil law as opposed to common law. ... Civil Law Roman law embodied in the Justinian Code and presently prevailing in most western European States. ... The term may also be used to distinguish that part of the law concerned with non-criminal matters, or may refer to the body of laws prescribed by the ... authority of the state, as opposed to Natural Law..
The Civil Government was set up within Oregon & America because that
was the best they knew how to do after the revolutionary war & other
social trauma. They knew it was "Less than Optimal" & that is why they
"Bound it by the Chains of the Constitution". They knew "Civil"
so-called "Law" was of Roman source & based thereunder on "Malum Prohibitum".
They knew English "Common-Law "Common-Law" was better, because it more effectively
respected the Rights of "We the People" to Responsibly "Self Govern".
ORS 131.205 is a "work-around" of these Constitutional Limitations of "Law".
It has set up a specifically different "This State" of "Malum Prohibitum"
which is "ABOVE" the Constitutional "State of Oregon". It reads:
As used in ORS 131.205 to 131.235, "this state" meansu>" means the land and water and the air space above the land and water with respect to which the State of Oregon has legislative jurisdiction.
This is an Artificial & Extra-Constitutional OVER-LAY, which allows
for the "Madden v Crawford" "Separation of Powers" "Hiatus" Circumvention
of Constitutional "Law" to be administered within this State. Here-under,
the current Non-Existence of that Judicial "Department" (as evidenced in
Madden v Crawford, & which is Constitutionally Required by Article
3 Section 1) is no-longer a Treason problem for those quietly advancing
this process, because they are not directly really messing with Constitutional
Government, but rather they are merely gently descending over the land
with their own Extra-Constitutional "Malum Prohibitum" Jurisdiction, while
not actually directly addressing any issues forthcoming forthcoming from "Constitutional"
Hereunder, the Civil Government exercises an Extra-Constitutional "Work-Around" of their Constitutionally Limited Authority under "Law" so-as-to now interfere with the Un-Alienable Rights of "We the People". For instance, many Rights which were "Originally Intended" to be "Liberties" Secured to "We the People", have been reduced to "Privileges", which are now which are now dependant upon "Licence" from the Civil Government of the State. Just like open-entry into the Court-House, these "Licence" Requirements were Not Practiced under "Original Intent" of "Law" under the Constitutions of Oregon & America. The "Law" has Not Changed. It has been Circumvented by way of a "Work-Around" coming into the Sovereignty of the Counties under guise of "Emergency". Many Private Special-Interest-Groups are profiting handsomely from their "Licence" & prce" & privilege hereunder.
Some-how, some-where; changes have occurred in what the definition is of Constitutional "Law". A shift has occurred from "Malum in Se" based "General Law" over to "Malum Prohibitum" based Private Special-Interest-Group "Law". We have come to believe that this is being brought in under such artificial shell defacto governments as ORS 131.205; & by such declay such declarations of Emergency as referred to in the US Senate Report. These "Emergencies" clearly affect "We the People" within each County in America, including Clackamas . Federal Policy & State Policy both recognize that each County has the responsibility to deal with their "Emergencies" in their own way. Page 7 of the "Emergency Ordinance of Clackamas County" (as Adopted August 1985), recognize that "County Officials" have to exercise "Duties in ... Recovering From an Emergency.n Emergency."
You, Sheriff Bradshaw; are a "County Official" who has "Duties" to work
within the bounds of the "Law" towards "Recovery" from these Emergencies.
We of this "Lawful Government Alliance of Clackamas County" feel similar
"Duties" under the Natural Laws of "Conscience" which flow from "Almighty
God" to assist you in "Recovering" from these so-called "Emergencies",
& thereunder for protectir for protecting the General Welfare of this County. We
hereby respectfully come before you, with our hats in our hands; asking
you to work together with us to "Recover" from any and all "Emergencies"
or other factors which may be causing those herein referred to diversions
from "Originally Intended" Constitutional Government & "Law".
We seek to organize the "Posse Comitatus" to assist you as our communs our community leader in moving by way of "Due Course & Process of Law" to address these concerns with whatever Force or other resources of this County & State as are Necessary.
Yes. This is a good start for our first meeting. We look forward to it
with high hopes.
Charles Bruce, Stewart;