Rights vs Privilege: An Oregon Anniversary -- Reprise
Raymond Karczewski
By: Raymond Ronald Karczewski�
On September 23rd, less than two weeks from this writing, it shall be
a year since I have allowed my driver's license contract with the
State of Oregon to expire, thereby reclaiming my Unalienable Right to
Liberty i.e., to free and unencumbered travel upon our Oregon Roadways
in my private automobile for non-commercial, private, survival
purposes.
It is heartening to see that our elected Oregon Public Officials have
chosen to support our existing U.S. Constitution in this issue of
"Rights vs Privileges."
I have not been arrested, or in any way, interfered with or encumbered
in my personal liberty while "travelling" on the road in my private
automobile, despite personal contacts with Law Enforcement Officers
and the use of my automobile to transport me to the County Seat so
that I might perform my jury duty service.
My high profile Internet approach to holding our public officials
i.e., Governor, States Attorney General, my local District Attorney
and Sheriff accountable in the world's eye of the Internet has no
doubt played a part in the newfound freedom experienced and enjoyed
while travelling our public roadways in my private automobile in the
past year. It appears that the State of Oregon has something to teach
the other States about Unalienable Rights.
My Congratulations to the State of Oregon.
See a summation of the issue stated below: (written August 27th, 1999)
Raymond Karczewski
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Government Agents or Horse Thieves?
Raymond Karczewski
In The Declaration of Independence, our Founding Fathers wrote:
"We hold these truths to be self-evident, that all men are created
equal, that they are endowed by their Creator with certain Unalienable
Rights, that among these are Life, Liberty and the Pursuit of
Happiness . . ."
What are these ""Unalienable Rights?"
Life: As with all Truth, the "Right to Life" is self-evident. The duty
of Life rests in it's own self-preservation.
Liberty: The quality or state of being free. Freedom from arbitrary or
despotic control.
"Happiness" is the essence of Life "unimpeded."
It is the natural state of a "Free Man." These "Unalienable Rights"
cannot be infringed upon by a government which is a servant of, and
exists at the behest of a Free People.
Specifically, it is the Right to Liberty and the 14th Amendment,
Section 1 (due process) of the US Constitution which is the Authority
that is addressed in this writing.
Article XIV. Section 1.
"All persons born or naturalized in the United States, and subject to
the jurisdiction thereof, are citizens of the United States and of the
State wherein they reside. No State shall make or enforce any law
which shall abridge the privileges or immunities of citizens of the
United States; nor shall any State deprive any person of life,
liberty, or property, without due process of law; nor deny to any
person within its jurisdiction the equal protection of the laws."
http://www.law.emory.edu/FEDERAL/usconst/amend.html#14sec-1
All quoted material below is extracted from a legal brief used in at
least three states (Pennsylvania, Ohio, and West Virginia) to support
a demand for dismissal of charges of "driving without a license." It
is the argument that was the reason for charges being dropped, or for
a "win" in court against the argument that free people can have their
right to travel regulated by their servants
see: http://www.cs.cmu.edu/~karl/govt/driver/driver.html
"The 'most sacred of liberties' of which Justice Tolman spoke was
personal liberty. The definition of personal liberty is:"
"Personal liberty, or the Right to enjoyment of life and liberty, is
one of the fundamental or natural Rights, which has been protected by
its inclusion as a guarantee in the various constitutions, which is
not derived from, or dependent on, the U.S. Constitution, which may
not be submitted to a vote and may not depend on the outcome of an
election. It is one of the most sacred and valuable Rights, as sacred
as the Right to private property...and is regarded as inalienable." 16
C.J.S., Constitutional Law, Sect.202, p.987.
"The concept of liberty is further amplified by the definition of
personal liberty:"
"Personal liberty largely consists of the Right of locomotion -- to go
where and when one pleases -- only so far restrained as the Rights of
others may make it necessary for the welfare of all other citizens.
The Right of the Citizen to travel upon the public highways and to
transport his property thereon, by horse drawn carriage, wagon, or
automobile, is not a mere privilege may be permitted or prohibited at
will, but the common Right which he has under his Right to life,
liberty, and the pursuit of happiness. Under this Constitutional
guarantee one may, therefore, under normal conditions, travel at his
inclination along the public highways or in public places, and while
conducting himself in an orderly and decent manner, neither
interfering with nor disturbing another's Rights, he will be
protected, not only in his person, but in his safe conduct." [emphasis
added] II Am.Jur. (1st) Constitutional Law, Sect.329, p.1135.
and further...
"Personal liberty -- consists of the power of locomotion, of changing
situations, of removing one's person to whatever place one's
inclination may direct, without imprisonment or restraint unless by
due process of law." 1 Blackstone's Commentary 134; Hare,
Constitution__.777; Bovier's Law Dictionary, 1914 ed., Black's Law
Dictionary, 5th ed.
"Justice Tolman was concerned about the State prohibiting the Citizen
from the 'most sacred of his liberties,' the Right of movement, the
Right of moving one's self from place to place without threat of
imprisonment, the Right to use the public roads in the ordinary course
of life."
and...
"The right of the Citizen to travel upon the public highways and to
transport his property thereon, in the ordinary course of life and
business, is a common right which he has under the right to enjoy life
and liberty, to acquire and possess property, and to pursue happiness
and safety. It includes the right, in so doing, to use the ordinary
and usual conveyances of the day, and under the existing modes of
travel, includes the right to drive a horse drawn carriage or wagon
thereon or to operate an automobile thereon, for the usual and
ordinary purpose of life and business." Teche Lines vs. Danforth,
Miss., 12 S.2d 784; Thompson vs. Smith, supra.
It must be noted that the "ordinary and usual conveyances of the day"
for travel at the time the Constitution was written were horseback or
horse and wagon. Today it is the "automobile."
To steal a man's horse was to threaten his very survival. Such an act
violated man's Unalienable Rights to "life, liberty, and the pursuit
of happiness. As such, punishment for the crime of horse theft was
swift and sure--Death by hanging! Keep this in mind as we observe the
errant journey our present day goverment has taken since the
Constitution was written and established as the Supreme "law of the
land."
AUTOMOBILE AND MOTOR VEHICLE
"There is a clear distinction between an automobile and a motor
vehicle. An automobile has been defined as:"
"The word `automobile' connotes a pleasure vehicle designed for the
transportation of persons on highways." American Mutual Liability Ins.
Co., vs. Chaput, 60 A.2d 118, 120; 95 NH 200.
"While the distinction is made clear between the two as the courts
have stated:"
"A motor vehicle or automobile for hire is a motor vehicle, other than
an automobile stage, used for the transportation of persons for which
remuneration is received." International Motor Transit Co. vs.
Seattle, 251 P. 120.
"The term `motor vehicle' is different and broader than the word
'automobile.'" City of Dayton vs. DeBrosse, 23 NE.2d 647, 650; 62 Ohio
App. 232. "The distinction is made very clear in Title 18 USC 31:"
"'Motor vehicle' means every description or other contrivance
propelled or drawn by mechanical power and used for commercial
purposes on the highways in the transportation of passengers, or
passengers and property."
"'Used for commercial purposes' means the carriage of persons or
property for any fare, fee, rate, charge or other considerations, or
directly or indirectly in connection with any business, or other
undertaking intended for profit."
"Clearly, an automobile is private property in use for private
purposes, while a motor vehicle is a machine which may be used upon
the highways for trade, commerce, or hire."
If one examines the Oregon/California State Vehicle Codes which
require a contract being entered into by an individual seeking to
obtain a license (privilege) to drive , they will see such regulations
pertain "only" to the regulation of "Motor Vehicles" and does not
include the private use of automobiles.
"The license, being a legal contract under which the state is
empowered with policing powers is only valid when the licensee takes
on the burdens of the contract and bargains away his or her rights
knowingly, intentionally, and voluntarily."
"Few know that the driver's license is a contract without which the
police are powerless to regulate the people's actions or activities."
"Few if any licensees intentionally surrender valuable rights. They
are told that they must have the license. As we have seen, this is not
the case."
"No one in their right mind voluntarily surrenders complete liberty
and accepts in its place a set of regulations."
"The people never give up their liberties but under some delusion."
Edmund Burke, 1784.
"Since no notice is given to people applying for driver's (or other)
licenses that they have a perfect right to use the roads without any
permission, and that they surrender valuable rights by taking on the
regulation system of licensure, the state has committed a massive
construction fraud. This occurs when any person is told that they must
have a license in order to use the public roads and highways. "
In Josephine County, Oregon, where I live, our state and local
government law enforcement officials have expanded implementation of
the Rico Statute which was originally designed for the "War on Drugs"
(a MAJOR FRAUD perpetrated upon the people by its own government).
Additionally, such implementation can be seen to be a clear violation
of the "due process" clause in the 14th Amendment (confiscating
private property of citizens in order to exploit and shore up sagging
department budgets). Such extraordinary actions only further a
deliberate government enforcement momentum designed to intimidate and
throw fear into the minds of a "helpless public." Government disregard
for the oath to support and defend the Constitution only results in
everincreasing, power based, nonessential busy-work, bogey-man
programs which, along with our military interventions throughout the
world, is bankrupting our nation.
This expansion of confiscating private property of citizens without
"due process" is a radical step away from the Constitution-based
Government we at one time enjoyed. Oregon government is now targeting
for confiscation the "automobiles" of the poor, the uninsured, the
unlicensed, and less fortunate of our society who, although some in
society may wish otherwise, are equally endowed with the Unalienable
Right to Life (survival), Liberty (freedom of movement to ensure
survival), and the Pursuit of Happiness.
Again, it must be noted, this is all being done without the necessity
of due process. Not only do they violate the Constitution by
infringing upon the "Unalienable Rights" of citizens to "Life,
Liberty, and the Pursuit of Happiness," they "steal" away from
citizens their "ordinary and usual conveyances of the day." The
question must be asked by each of us--To what end?
History shows us the penalty suffered by the horse thieves of
yesteryear. What should the punishment be for the horse thieves'
modern counterparts who steal (confiscate) "automobiles" away from the
poor, the uninsured, and/or the unlicensed ((none of whom are actually
required to be licensed if they are not operating a "motor vehicle").
I am a retired police sergeant living on pension here in Southern
Oregon. On September 23rd, 1999 my driver's license (contract)
expireswith the State of Oregon. I shall not renew it. Instead, I
shall reclaim my Constitutionally guaranteed Unalienable Right to
Liberty as it pertains to driving my two automobiles on Oregon
roadways.
Thus will end a 46-year-long unbroken chain of Driver's licenses
possessed by me since the age of 16.
Yes, folks, sometimes it takes that long to WAKE UP!
On September 23rd, 1999 I'll be 62 years of age. I possess good health
and coordination. Both of my automobiles are fully insured and in good
mechanical working order.
I do not use either automobile for commercial purposes. They are used
for private transportation purposes which ensure the survival of my
wife and myself.
Gathering provisions at the local store requires a round trip of
approximately 20 miles from and to my home. I do not consider that I
need to secure a government "privilege" in order for me to attend to
the survival needs of myself and my wife. I merely ask that I be
afforded the same Unalienable Right to drive my "automobile(s)" on the
public roadways as do farmers who currently drive their motor-driven
farm equipment on Oregon roadways without needing to be licensed.
At the time of this writing I have never been arrested, nor have I
been incarcerated for any reason. In other words, at the time of this
writing, I AM NOT A CRIMINAL.
Let us see whether our government can make the act of a free man who
demands his "Unalienable Rights" to Life, Liberty, and the Pursuit of
Happiness into a CRIMINAL ACT!
Ray Karczewski
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"No other man but I in the recorded History of
mankind, including JESUS CHRIST, has directly
revealed to the World the SATANIC WEAPON used to
enslave mankind -- INTELLECTUAL THOUGHT!!"
Raymond Ronald Karczewski� http://www.arkenterprises.com