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Show The Paper That DaresTo Take A Stand March 21, 1974 The Utah Independent Page 11 POSSE COMITATUS AND POWER OF THE PEOPLE County Sheriffs must be advised of the instances where unlawful acts of officials or agencies of government are committed, or unlawful acts of any kind. It is the duty, of the Sheriff to protect the local citizens from such unlawful acts. Once he has been advised and refuses to perform his lawful duty in respect to the matter, the Posse Comitatus has the lawful right under natural law to act in the Name of the Sheriff to protect local jurisdiction. They may make arrests, the accused being given into the custody of the County Sheriff for trial by a Citizen Jury empanelled by the Sheriff from citizens of the local jurisdiction. The Posse acts only within the County; they are not considered a part of the military; and they are not subject to militaty law, since they have never been enlisted by the state and are not under their authority. It includes all the men of the County between the ages of 18 and 45 and others majrvolunteer. The Posse and the Militia have essentially the same purpose: they are men who act in the execution of The State Constitution of ladho (Article XIV Militia) makes extensive provisions for calling out the Militia. How does the Honorable General Attorney propose to eliminate this from our state constitution? From whence would the state militia be drawn if there were no Posse Comitatus? In addition, the Constitution directs the Congress to provide for the militia, to execute the laws of the land." It does not say maybe", it says shall, meaning that this is mandatory. The Congress is to provide for governing only that part of the militia that is employed in the Service of the United States, uState statutes relating to military oiganization, drill, and parade under arms do not interfere with the privileges and immunities the United States of citizens of' i unless they conflict with the acts of Congress." (C.J.S. 16A, p. 227) This refers to the right of the people to keep and bear arms, and to the right of the posse to organize in defense of the local jurisdiction. The Posse is provided for in the Idaho Code. Under "Sheriff, duties. oP it says, (Sheriff may) command the aid of as many male' inhabitants of the county as he may think necessary in the execution of these duties." This provision in the state law has been held to be an affirmance' of the posse comitatus in the common law. Our State Attorney General, Tony Park, has been quoted as saying that eliminating this from the law will do away with the posse. I question this opinion, since in the absence of a statute, the law would then rely on the common law, which provides for it anyway. (31-220- the States respectively,...the authority of the training of the Militia...and the appointment of officers. But why are some people so anxious to delete the posse from the law? Why do they immediately pounce upon every reference to it and proclaim it to be illegal", mob ruie",.and lynch law"? Why do they immediately brand anyone who mentions it to be dangerous" and ignorant? Surely those who are obeying the supreme law of the land, the U.S. Constitution have nothing to fear from any Posse. The Posse is to make sure that public officials are obeying the law, it is true, but even though they were to arrest someone accused of violating it, they may be assured of a trial by jury. I have never said that the sheriff was to conduct the trial merely to call the jury! I feel confident that if all the members of the jury were to return a verdict of guilty, that the convicted would deserve it. A jury trial is not a 1 00 guarantee that justice will be done, but over the centuries, it has been found to be the best method ever devised for arriving at a decision that is fair and just provided of' course that the judge stays with his job of refereeing the- - case and allows the jury to .make the decision. But there are many other benefits to be derived from a Posse Comitatus. How peaceful and our communites would suddenly become if there were several hundred posse members in -- the law. . to .reserving 2) a county whose business it was to enforce the law! Would it not be an advantage in holding down the costs of government? Are there not many emergencies when the Sheriff or officers of the law can be in only one place at a time? There have been RITTER raillery ... Where, in the name of common sense, are our fears to end if we may not trust our sons, our brothers, our neighbours, our fellow-citizenWhat shadow of be from men who can there danger are daily mingling with the rest of their countrymen, and who participate with them in the same feeling, sentiments, habits, and interests? What reasonable cause of apprehension can be inferred from a power in the Union to prescribe regulations for the militia, and to command its s? recent instances of group action by neighbors with firearms who were successful in preventing violations of the law, and those who were protected were very thankful for the action taken. Why should we endure lawless communities and lawless government? Every county should have and is entitled to a Posse Comitatus. ' It would be ' ridiculous to suppose that those who fought so valiantly for freedom would intend to leave the counties defenseless except for a county sheriff, who must often have many square miles of territory under hjs jurisdiction. This inalienable right of defense was intended to be left to the discretion of the men of the County to organize their own without interference from either the state or federal ' -- services when necessary, while, the particular States are to have the sole and exclusive appointment of the officers?" For those who value freedom and liberty, he made the following interesting observation: If there should be an army to belnade use of as the engine-o- f despotism, what need of the militia? If there should be no army, whither would the militia, irritated by.beirig called upon to undertake a distant and hopeless expedition for the purpose of riveting the chains of slavery upon a part of their countrymen, direct their course, but to the seat of the tyrants, who had meditated so foolish as well as so wicked a project, to crush them in their imagined intrenchments of power, and to make them an example of the just vengeance of an abused and incensed people?" (The Number 29, Federalist Papers Militia Hamilton Essay.) It should be obvious that a Posse Comitatus would be a deterent to despots, and a valuable aid in the preservation of freedom and liberty. Ever worsening affairs in the field of American Government at all levels should be a warning to the People that they must not delay in asserting their sovereignty. self-defen- se governments. In referring back to the debates and essays written in regard to the militia by Alexander Hamilton, one of the principle framers of the Constitution, it becomes clear that a deep distrust of a large standing army was one of the great motivations in establishing the militia. But even then, there were those who were suspicious of the militia and thought it would be dangerous. To this fear, Hamilton spoke as follows: There is something so farfetched and so extravagant in the idea of danger to liberty from the militia', that one is at a loss whether to treat it with gravity or with Continued from page 7 . witnesses or arguments on behalf of the defendants. (Note: The defense did not produce arguments or witnesses due to the poison atmosphere in the court room of Judge Ritters action laying the foundation for a conspiracy charge, and to their belief a new trial will be held after appeal.) On March 14, 1974, Judge Ritter held a hearing prior to sentencing. He asked the defendants if they had anything to say before sentence was passed. Mr. Goeltz stated that he was appalled at the way Judge Ritter conducted this trial and in the way he treated their attorneys. He said, You treated thern like animals." Mr. Bray stated, The people who signed the Declaration of Independence were sentenced to death by King George for their opposition to confiscatory taxation. And that I will do everything in my power to stop confiscatory taxation that has been imposed upon us today." Judge Ritter then passed sentence on to the defendants. The maximum sentence of 6 months and a S250 fine was given to Mr. Francis S. Goeltz and Mr. Karl J. Bray. A S250 fine and a three year probation was given to Mr. Robert G. Wray. All three men were given a ten day stay of execution pending a filing of appeal.. All federal court Judges are appointed for life by the President of the United States. 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