Do they want a civil war?

The latest round started with a restaurant throwing out the President’s Press Secretary because of who she worked for.  Okay, there prerogative.  I believe in freedom of association, including the right not to associate with people you don’t want to.  And since I actually mean it, that means I agree that it also applies to people I disagree with.  Bad business move maybe, but their prerogative.

However, then comes that idiot Maxine Waters (but who’s the more stupid?  The idiot in office, or the idiots who keep putting her there?) using this case as some rallying cry, to wit:

“If you think we’re rallying now you ain’t seen nothing yet,” Rep. Maxine Waters, D-Calif, told supporters at a rally in Los Angeles over the weekend. “If you see anybody from that (Trump) Cabinet in a restaurant, in a department store, at a gasoline station, you get out and you create a crowd and you push back on them, and you tell them they’re not welcome anymore, anywhere.” A video of her remarks was posted on Twitter on Sunday.
NPR

Then, of course, there’s protests against actually enforcing our immigration laws.  We have Peter Fonda:

Wanna stop this f—ing monster? Really wanna stop this giant asshole?” Fonda asked. “90 MILLION PEOPLE IN THE STREETS ON THE SAME WEEKEND! THESE REPUBLICAN ASSHOLES ARE ALL IN ON IT! THE CHIEF ASSHOLE IS HAPPY WE ARE ALL VERY UPSET. WE HAVE TO GET EVEN MORE ANGRY WITH THESE REPUBLICANS.”

“WE SHOULD HACK THIS SYSTEM, GET THE ADDRESSES OF THE ICE AGENTS CBP AGENTS AND SURROUND THEIR HOMES IN PROTEST. WE SHOULD FIND OUT WHAT SCHOOLS THEIR CHILDREN GO TO AND SURROUND THE SCHOOLS IN PROTEST. THESE AGENTS ARE DOING THIS CUZ THEY WANT TO DO IT. THEY LIKE DOING THIS. F—,” he added in a second tweet.

A third tweet from the actor, posted several minutes later, called for activists to target President Trump‘s youngest son, Barron Trump, who attends a school in nearby Montgomery County, Md., claiming (apparently for effect) that activists should “rip” him from the first lady’s arms and put in “in a cage with pedophiles.”

“WE SHOULD RIP BARRON TRUMP FROM HIS MOTHER’S ARMS AND PUT HIM IN A CAGE WITH PEDOPHILES AND SEE IF MOTHER WILL WILL STAND UP AGAINST THE GIANT ASSHOLE SHE IS MARRIED TO. 90 MILLION PEOPLE IN THE STREETS ON THE SAME WEEKEND IN THE COUNTRY. F—,” he tweeted.

He deleted the second and third of those tweets but the Internet is Forever.  Like they used to say about Vegas:  What happens on the Internet, stays on the Internet.

We have protesters not just targeting government offices or even places of business, but gathering outside people’s homes.

Protesters gathered outside of Homeland Security Secretary Kirstjen Nielsen’s home in Alexandria early Friday morning.

Demonstrators gathered to express their anger with Nielsen and the role they claim she plays in family separations.

Several people stood along the sidewalk near her home with some holding signs. One demonstrator held a sign with Nielsen’s face on it featuring the words “child snatcher.”

Fox 11 News, Green Bay, WI

If the home was of a black family and the protestors were wearing sheets, would that change your opinion of it?

The problem is, these people have convinced themselves they are “on the side of history”.  They are in good company with that.  Lenin thought he was on the side of history.  Stalin did too.  So did Mussolini and Hitler.  And let us not forget Mao.  All, or at least their ardent followers, thought they were “on the side of history.”

The problem with not only thinking history has a side but that you are on it is that it justifies anything.   When your cause is inevitable and you are supremely secure in your rightness, anything you do in that cause is right.

Some of the worst atrocities in history have been committed by people believing they were “on the side of history.”  Look at that list of names again.

In a post a few days ago, I described how I thought a future civil war would start.  There would be no equivalent to “Lexington” or “Fort Sumter” but it would rather simply start as an increase of politically motivated violence without any distinct starting event.  It would only be in retrospect that we’d look back and see that we are in a civil war and had been for some time.

It’s looking very much like we’re in the early stages of that right now.  Mostly, it’s just talk, but it’s the kind of talk people use to work themselves up to acting on it.  And so the appropriate response to this speech is more speech, speech in opposition.

Because if this keeps on it’s going to get ugly and there will be no winner except death.

Why Write? A Blast from the Past.

One of the first questions about writing is “why write?”  There are many reasons to write, of course.  You have to write that thesis if you want that degree.  That piece of equipment needs a manual so people will know how to use it so someone is given the task of creating one if they want to be paid.  And those texts, emails, and, yes, blog posts won’t write themselves.

Here, however, I’m going to focus on fiction writing.  Why take the time and effort to sit down (or pace up and down the hall, or however one does it) and craft a story?

So what are the reasons for writing?  Fame? (Twenty years writing fiction with a handful of professional sales so far and I’m still pretty much unknown.  There are easier ways to fame.) Fortune? (The most I, personally, have made in a year from writing is about $1000.) Attracting members of the appropriate sex? (Have I got some disappointing news for you….)  You get a few, a very few, who are successful by those metrics, sure, but mostly you get folk who labor away for a little bit of extra pocket money (or a modest living if they’re lucky) or the occasional fan letter. (Science fiction and Fantasy have an advantage over many writing genres in that there are frequent conventions where fans of their style of writing get together and authors and fans can meet each other.)

So why do it?  It’s a lot of work for very little of the typical rewards.

One thing to remember is that the storyteller is as old as humanity itself.  Telling–and with the invention of writing, writing them–is just something people do.  Even traits that are ubiquitous across the human species are expressed more strongly in some than in others.  Some have a stronger drive to tell stories in much the same way that some people have a stronger competitive drive.

In the end, I think that you aren’t a writer because you write.  You write because you are a writer.  Making money, winning fame, making friends and influencing people are often rationalization more than reasons, a justification for the mental and emotional effort that goes into writing.

That said, writing, storytelling, isn’t the only drive and, as drives go, it’s fairly far down on the totem pole.  Yes, I have a drive to write, to put stories down for other people to read, but I also have a drive to eat, to live in reasonably comfortable surroundings, to procreate (and the things that go with that), and so forth and if writing gets in the way of that, so much the worse for writing.  Other people might have the drive more strongly and are willing to live a hermit’s life in a drafty attic somewhere while scribbling away the story they have to get out of their system only, once finished, to have it replaced with another story that they simply have to get out of their system.

And so, while I think to a great extent writing and storytelling is what you are more than what you do that it’s not also a craft and a skill to be learned.  There’s a big difference between a group of friends telling “no fooling, there I was…” stories at the local watering hole and someone writing a novel that sells hundreds of thousands of copies. Some of that difference is just plain luck.  Some of it is inborn talent.  And some of it–I’d like to say most of it although that luck aspect can loom pretty large, the one where you hit with the right story at the right time in front of the right people–is learned craft.

Are you a writer?  How can you tell?  The answer is simple:

If you’re a writer, then you write.

Keeping the Ability to Stop

In preparation for LibertyCon, I had to do some work on the Explorer.  It’s a seven hour drive to Chattanooga from Indianapolis and in the middle of it would be a bad time for something to break down.  Earlier this month I did the oil change and checked coolant and other fluid levels.  Today I did some desperately needed work on the brakes.

Just before the Eclipse this past August I replaced the front rotors and pads.  I didn’t even bother seeing about having the rotors turned–the amount of wear and rust on the rotors suggested they weren’t a good candidate for that.  But more than that, with some shopping around I found that it’s frankly, cheaper to get new rotors than it is to have a machine shop turn them.

Since the front brakes do the lion’s share of the work in stopping the car, I was able to put off doing the rear brakes for a while.    I decided, however, that we had reached the point where it was no longer viable to wait.  I did some shopping again and bought a kit with both rear brake pads and new rotors.  They arrived a few days ago and today I got the rear end of the Explorer up on jackstands (if you’re ever going to work under a car use jackstands–the ribcage or skull that doesn’t get crushed if the jack fails will thank you).  I get the wheels off easy peasy (Helps if you loosen the lugnuts before you jack up the car).

First problem.  You know that cliche about never being able to find the 10 mm socket?  Well guess what?  The bolts that hold the calipers are 10 mm.  And what can’t I find?  Neither a 10 mm socket nor a 10 mm combination wrench.  I have to use an adjustable crescent wrench.  I hate using the adjustable crescent wrench.  Too easy to have it not quite snug enough and round off the bolt head.  However, loosening about half a turn each with the wrench gets it loose enough to spin the bolts out by hand.  From that point a little bit of prying gets the caliper free.

Next comes the rotor.  A few taps with the mallet “breaks” it loose and so I start to pull it off.  It moves a few millimeters and won’t come off any more.

So, problem number two.  Rust on the inner drum of the rotor has created a “lip” which catches on the shoes for the emergency brake.  To get it off requires a combination of a lot of pounding, prying, and application of muscle.

Eventually the rotor comes off.  I spray down the new rotor with brake cleaner then slip it on over the studs figuring given the years of wear and how tight the e-brake shoes were the probably won’t quite fit over the  shoes and I’ll have to look up how to loosen them but to my surprise it slides right on.

I start to put the new pads into the caliper and… problem number three.  I forgot to compress the piston back into the cylinder before removing the old pads.  So I put the old pads back on place as a spacer and cranked it down with a c-clamp.  After that, installation went smoothly.  The hardest part is getting the caliper aligned with the mounting holes so the bolts go in smoothly.  Then back to that damn adjustable crescent wrench to tighten the bolts down and on to the other side.

The other (driver’s) side proved to be a bit easier.  The odd part was that the rotor was significantly thinner than the one on the passenger side.  In any case, it came off easier.  This time I remembered to compress the piston back into place before removing the old pads.

After that it’s a matter of putting the wheels back on, getting the car off the jackstands and onto its wheels, and a short test drive to make sure everything was working smoothly.

Oh, and a nice long shower because all that working on the car and crawling on the ground had me quite filthy.

All was well and it cost me a small fraction of what a shop would have charged.

I just need to replace my missing 10 mm socket and combination wrenches.

When the State Corrupts Rule of Law: A Blast from the Past

Recent revelations show widespread corruption in the FBI.  This underscores the problems that I wrote about in a blog post a couple of years ago:


The Washington Post recently had an article about a State drug chemist (responsible for various drug tests) was not only a user of the drugs but had been falsifying drug test results which were instrumental in many peoples convictions and incarceration.

The article asks the question about whether the cases for which she provided evidence should be thrown out.

This shouldn’t even be a question.

(Bear with me for a minute, I’m going somewhere with this.) Some years back there was a column in one of the magazines for fans of comics “The Law is a Ass” by Bob Ingersoll, an attorney and public defender. In that column he dissected use of law in comics and along the way gave introductions to the history and reasons behind many of the things we take for granted in law now.
One of those things was exclusionary rules for evidence. This is actually of far more recent vintage than many people realize. As Bob Ingersoll wrote:

For well over one hundred years, the Fourth Amendment existed without the Exclusionary Rule, the rule which makes evidence taken during an unreasonable search and seizure inadmissible at trial. Basically, the amendment depended on the good faith of the government not to violate it for its enforcement. In much the same way–and with much of the same success–that Blanche DuBois depended on the kindness of strangers. Then, in 1914, the Supreme Court of the United States realized that not everyone scrupulously adhered to the Fourth Amendment. Abuses actually occurred. So did sunsets, but not as often.

The Supreme Court ruled that a right without a means to enforce it is no right at all. To remedy this, it enacted by judicial fiat the Exclusionary Rule, as a means of enforcing the Fourth Amendment.

The Exclusionary Rule says the government cannot be allowed to profit, when it breaks the rules with an unreasonable search, so any evidence seized can not be admitted. To use a somewhat simplistic analogy (I like simplistic analogies. If more law school professors used simplistic analogies, I might have passed a few more courses.), the Exclusionary Rule is like calling back a touchdown pass for a holding penalty. The scoring team would not have achieved its goal, but for the fact that it broke the rules. So, rather than allow it to prosper from cheating, the team is penalized by having the play nullified. The Exclusionary Rule was established to enforce compliance with the Fourth Amendment.

In 1961 the Supreme Court ruled that the Exclusionary Rule was applicable on the states through the Fourteenth Amendment of the Constitution. Now, when state or local police conduct unreasonable searches and seizures, the evidence is not admissible at trial.

And that’s where we are here. These cases need to be thrown out to send a loud and clear message of “don’t do that” to prosecutors. And, yes, prohibition against double jeopardy should fully apply.  they cannot be allowed to succeed, to “benefit” from using such poisonous tactics.
The thing many people forget is that the most important aspect of “rule of law” is not punishing the guilty, but protecting the innocent. When people stop believing that their innocence will protect them from the law, that’s when rule of law collapses. That’s why “proof beyond a reasonable doubt”. That’s why prohibition against double jeopardy. That’s why we have trial by jury in the first place, why we have rules on discovery (where the defense gets to see the prosecution’s evidence), why we have all the procedures in place to protect the accused against the vastly greater might of the State.
And that’s why things like this are so very troubling. What it does to society dwarfs even the horrible injustice to the individual falsely convicted on falsified evidence.  It undermines the very concept of rule of law.

 

My LibertyCon Schedule

Libertycon in Chattanooga, TN, this year is from June 29 to July 1. This year it will be held at the Chattanooga Mariot Downton.  I will be arriving sometime in the afternoon or evening of the 28th and leaving the afternoon of the 1st.  I look forward to seeing my fans there (all three of you).

Here’s my schedule.

Indianapolis writer David L. Burkhead is a physicist working in Atomic

Force Microscopy. In addition he is an author of science fiction and

fantasy with books such as Survival Test, The Hordes of Chanakra, and

his latest release Alchemy of Shadows.

Scheduled Programming Events Featuring David L. Burkhead

Day Time Name of Event
Fri 05:00PM Opening Ceremonies
Fri 07:00PM Author’s Alley (Burkhead, Del Arroz, Hoch, Monroe, Montgomery )
Sat 10:00AM Autograph Session (Brooks, Burkhead, Frost, Lamplighter, Wright)
Sat 01:00PM Author’s Alley (Barrett/Murphy, Lewis, Burkhead, G. Martin, Witzke)
Sat 04:00PM Fantastic Schools of Magic and Where to Find Them
Sat 05:00PM Worlds of Epic Fantasy
Sat 09:00PM Reading: Steve Antczak & David Burkhead
Sat 11:00PM Mad Scientist Roundtable
Sun 10:00AM Kaffeeklatsch
Sun 01:00PM Author’s Alley (Antczak, Burkhead, K. Ezell / Chris Smith, Gibbons, Leacock)

 

“Not Today”

Many years ago, in an online discussion, the late Dr. Jerry Pournelle said that the purpose of the military presence in Europe was to get the Warsaw pact leaders (which, in truth meant the Soviet Union leaders) to look across the field at the forces arrayed against them, to look at their own forces, at their maps, then again at the forces on the other side and say “not today.”

That also describes the purpose of an armed citizenry.

Some people are dismissive of the idea of an armed citizenry as a weapon against tyranny because “the government has drones, and tanks, and bombers, and nukes, and… You rednecks and your assault rifles can’t possibly stand against that.”

The problem is, as we learned in Vietnam, and seem to keep having to relearn in places like Afghanistan and Iraq, all that military hardware and technology is great when it comes to defeating armies in set-piece battles, even battles of maneuver.  It’s far less useful against an insurgency.  When you have insurgents hiding among the civilian population you need boots on the ground able to go door to door and sort out the insurgents from the civilians.  You need those civilians, at least a significant portion of them, to be willing to point out the actual insurgents to you (and not just use you to take down someone they don’t like, who may or may not be an actual insurgent–“Insurgents?  Yes, my business rival provides support to the rebels.  If you shut him down it will cripple the rebels.”)

What are you going to do with that heavy weaponry?  Roll tanks through Boise because someone’s holding secret meetings plotting the overthrow of the government?  Make an Arclight strike (carpet bombing) against Des Moines because there are weapons caches somewhere in the city? Nuke Indianapolis because insurgents are hiding among the population?

Those kinds of things can’t be solved with the heavy hardware, or not easily (and I’ll get to that in a minute).  They require boots on the ground, investigations and intel, and generally a cooperative population.  The “hearts and minds” component of counter-insurgency operations.  I would recommend Learning to Eat Soup with a Knife by General Peter J. Shoomaker for how that worked, or failed to work, in they Malaya and Vietnam. (I will note that I believe General Shoomaker gives insufficient weight to Vietnam being both an insurgency and a “conventional” war being fought in parallel and many of the things he dismissed as being “the wrong approach” were correct for the conventional part of the war.  The problem wasn’t that things appropriate to conventional war were advocated.  The problem was that solutions appropriate to an insurgency were not.  This is a case where we needed to embrace the power of “and”.)

While you can possibly beat even an insurgency with the “heavy hardware” it usually involves a price that most Western nations simply are unwilling to pay.  It requires utter callousness to collateral damage and positively rejoicing in poor “international opinion”.  It requires viciousness on a level that makes the Mongol hordes look like nice guys.  And in the end, you still have to send troops in on the ground.

Try that on your own people without years, possibly decades, of careful preparation, building a military force that’s both amoral and personally loyal to you.  That means getting rid of all the people who hold to ideals like honor, loyalty, and defending the nation rather than the ruler at its head–and, of course, all those people you’ve gotten rid of, presuming you haven’t tipped your hand with Stalinesque purges and show trials–with all their training and experince will now be in the civilian sector and arrayed against you.

No, the vast power of military hardware would be of little use in an actual insurgency.  And if you get to the point you can use it?  You’ve got a military that will actually obey orders to wage Total War on the American people?

That battle tank?  Where is its fuel coming from?  How is it getting from it’s start as an infusion in rocks deep underground through wells, refineries, pipes, trucks, and storage tanks until if finally ends up in the tank itself?  How many men does it take to guard every step of the way because anything you leave unguarded is an opportunity for insurgents to interrupt the supply–blow up a pipeline, ambush tank trucks, demolish a railroad bridge, and on and on.

Now apply it not just to the tank, but to everything else that goes into the care and feeding of a modern military force.

And those guards?  Spread out.  Distributed.  Vulnerable to being picked off.  So you need more men.  But where are you going to get them except from the American people you’ve just declared total war on?  Much of that and your guards are as likely to be saboteurs as not.

Now, this is not to say that the insurgents would have it all their own way.  A sufficiently ruthless government, with a sufficiently loyal Praetorian Guard of a military, could end up killing enough to cow enough of the rest to “win” such a war.  And it’s possible with a sufficiently complicit media that such a government might even keep general support away from the insurgents despite bombing your own cities.

But even if you win, the likelihood is that all you’ll rule is a burnt-out ruin, ripe for some foreign power to come in and pluck it away from you.

And if the insurgents win, the same thing applies–they only win a burned-out ruin, ripe for some foreign power to come in and establish their own overlordship.  (This, incidentally, is why I so strongly argue against armed rebellion against the abuses to the Constitution that are daily occurrences now:  even if successful, it would be a Pyrrhic victory at best.  Armed rebellion really is an absolute last-ditch recourse.)

That’s with an armed citizenry, a large pool of armed people who could be insurgents, even if most of them are not.  Eliminate that, and it becomes much easier.  If all the insurgents can do is throw rocks at you, it’s much easier to cow them.  Even if they’ve got improvised weapons, the issue is dramatically simplified for the would be tyrant.

So, the purpose of an armed citizenry is less to win a conflict against the United States military.  It’s to make the would-be tyrants in power look at the citizenry, look at the forces they have, look at the vulnerability of their supply lines where everything is “enemy territory”–and if they don’t understand or believe the situation themselves, those would have to carry out orders to establish their tyrannical rule will–and size up the chances and what they’d likely “win” even if successful…

…and say “Not today.”

A Snippet

From a WIP I’m getting ready to release.


Study in Black and Red

Leslie slid the key into the lock of his apartment door.  Karen, his girlfriend, not content to wait until they were within, tickled the back of his neck.

Leslie pushed the door open and turned.  Karen melted into his arms and tilted her face up for Leslie’s kiss.

“It’s been a long day,” Leslie said as he broke the kiss. “Make yourself comfortable while I grab a quick shower.”

“Don’t take too long.”

While the apartment was in one of the less affluent districts of town, it did have plenty of hot water.  A few minutes later Leslie stepped out of the shower and wrapped a robe around himself.

A cloud of vapor billowed out of the bathroom when he opened the door.  He did not see Karen but did see the open door to his studio.

Despite the warmth of the humid air, he felt a shiver run up his spine.

“Not again.”

He crossed the hallway to the studio, his feet leaving wet footprints on the fake wood floor.  In the studio he saw Karen looking up at a painting, a big twenty-four by thirty-six piece.  Acrylic on canvas.

“Leslie, this is your best one yet,” Karen stood admiring the painting. “If a bit dark.”

The painting showed Philadelphia burning.  Thick black smoke blotted out the sky.  Tiny people ran, clearly screaming, in the streets beneath buildings engulfed in flame.

His work.  His painting.  Any inspection would show that.  From his signature in the lower right corner to the style.  Right down to the brush strokes.

The only problem was Leslie did not know where the painting had come from.  It had not been there when he had left for his date with Karen.  More than a dozen times he had found paintings in his studio, his paintings, but with no memory of having painted them.  He thought he had been sleep-painting or having some kind of fugue state.  But this one?  He had not even been home and here the painting was, a painting showing a terrible scene of fire and death.  But a painting that was clearly his work.

Where had it come from?

“What’s Your Plan When the Government Comes for Your Guns?

That question was asked of me on FaceBook.

As somebody who has served in the military, I understand a little concept called “opsec”. The things I have been talking about (how an actual insurgency would go in the US; hint:  it wouldn’t be like Gettysberg with the government on one side, the “rebels” on the other and they shoot at each other until all the rebels are dead or fled) have stemmed from fairly orthodox Co-In strategy and tactics. (If you haven’t read “Eating Soup with a Knife” I highly recommend it–I think the author does not give sufficient consideration in his discussion of the Co-In failures of Vietnam to the fact that we had both an insurgency and a conventional war running in parallel, but when you compare the lessons he points to from Malaysia and Vietnam to what people are advocating in disarming the American people, you see why the “the military has fighters and drones and tanks and…” is such a ludicrous argument).

But that’s not the question one should be asking. The correct question is what the government is going to do when faced with massive non-compliance to bans? We’re already seeing that. Connecticut’s “assault weapon ban”, New York’s “Safe Act”. The weapons turned in, surrendered, or disposed of were orders of magnitude fewer than those believed to have been present in those States. The FFL background checks that would be required for any transfer out of State, any legal tranfer out of State. So either people kept their now-banned guns or they transferred them illegally–either way, non-compliance with the law. Some States’ bump-stock ban? Same thing. Zero surrenders.

So what is the government supposed to do in the face of massive non-compliance? Door to door warrantless searches? After all, the vast majority of guns aren’t on any kind of registration (and that’s why we oppose registration so strongly). You might be able to get probable cause for some searches but not for anywhere near all. And when you start making those warrantless, house-to-house searches?  We’re already getting grumbles about innocent people hurt and killed in “no-knock” and other searches where there is a warrant.  How many people will be killed by trigger-happy jackboots from those warrantless ones?

What do we call nations that do that kind of thing? (Hint:  it’s not “bastions of liberty”.)

There is simply no way the government could even begin to take even a large percentage of the guns from the American people without becoming the very tyranny that justifies armed revolt against it–not just justify it to gun owners but justify it to a lot of the police and military who would need to carry out those orders.

And that’s leaving aside how truly ugly the insurgency that would result of that would be.

Good luck with that.

On This Day: Abraham Lincoln’s “House Divided” speech

1858, then Senatorial Candidate Abraham Lincoln gave the following address at the Republican National Convention in Springfield, IL:


Mr. President and Gentlemen of the Convention.

If we could first know where we are, and whither we are tending, we could then better judge what to do, and how to do it.

We are now far into the fifth year, since a policy was initiated, with the avowed object, and confident promise, of putting an end to slavery agitation.

Under the operation of that policy, that agitation has not only, not ceased, but has constantly augmented.

In my opinion, it will not cease, until a crisis shall have been reached, and passed.

“A house divided against itself cannot stand.”

I believe this government cannot endure, permanently half slave and half free.

I do not expect the Union to be dissolved — I do not expect the house to fall — but I do expect it will cease to be divided.

It will become all one thing or all the other.

Either the opponents of slavery, will arrest the further spread of it, and place it where the public mind shall rest in the belief that it is in the course of ultimate extinction; or its advocates will push it forward, till it shall become alike lawful in all the States, old as well as new — North as well as South.

Have we no tendency to the latter condition?

Let any one who doubts, carefully contemplate that now almost complete legal combination — piece of machinery so to speak — compounded of the Nebraska doctrine, and the Dred Scott decision. Let him consider not only what work the machinery is adapted to do, and how well adapted; but also, let him study the history of its construction, and trace, if he can, or rather fail, if he can, to trace the evidence of design and concert of action, among its chief architects, from the beginning.

But, so far, Congress only, had acted; and an indorsement by the people, real or apparent, was indispensable, to save the point already gained, and give chance for more.

The new year of 1854 found slavery excluded from more than half the States by State Constitutions, and from most of the national territory by congressional prohibition.

Four days later, commenced the struggle, which ended in repealing that congressional prohibition.

This opened all the national territory to slavery, and was the first point gained.

This necessity had not been overlooked; but had been provided for, as well as might be, in the notable argument of “squatter sovereignty,” otherwise called “sacred right of self government,” which latter phrase, though expressive of the only rightful basis of any government, was so perverted in this attempted use of it as to amount to just this: That if any one man, choose to enslave another, no third man shall be allowed to object.

That argument was incorporated into the Nebraska bill itself, in the language which follows: “It being the true intent and meaning of this act not to legislate slavery into any Territory or state, not to exclude it therefrom; but to leave the people thereof perfectly free to form and regulate their domestic institutions in their own way, subject only to the Constitution of the United States.”

Then opened the roar of loose declamation in favor of “Squatter Sovereignty,” and “Sacred right of self-government.”

“But,” said opposition members, “let us be more specific — let us amend the bill so as to expressly declare that the people of the territory may exclude slavery.” “Not we,” said the friends of the measure; and down they voted the amendment.

While the Nebraska Bill was passing through congress, a law case involving the question of a negroe’s freedom, by reason of his owner having voluntarily taken him first into a free state and then a territory covered by the congressional prohibition, and held him as a slave, for a long time in each, was passing through the U.S. Circuit Court for the District of Missouri; and both Nebraska bill and law suit were brought to a decision in the same month of May, 1854. The negroe’s name was “Dred Scott,” which name now designates the decision finally made in the case.

Before the then next Presidential election, the law case came to, and was argued in, the Supreme Court of the United States; but the decision of it was deferred until after the election. Still, before the election, Senator Trumbull, on the floor of the Senate, requests the leading advocate of the Nebraska bill to state his opinion whether the people of a territory can constitutionally exclude slavery from their limits; and the latter answers: “That is a question for the Supreme Court.”

The election came. Mr. Buchanan was elected, and the indorsement, such as it was, secured. That was the second point gained. The indorsement, however, fell short of a clear popular majority by nearly four hundred thousand votes, and so, perhaps, was not overwhelmingly reliable and satisfactory.

The outgoing President, in his last annual message, as impressively as possible, echoed back upon the people the weight and authority of the indorsement.

The Supreme Court met again; did not announce their decision, but ordered a re-argument.

The Presidential inauguration came, and still no decision of the court; but the incoming President, in his inaugural address, fervently exhorted the people to abide by the forthcoming decision, whatever might be.

Then, in a few days, came the decision.

The reputed author of the Nebraska Bill finds an early occasion to make a speech at this capital indorsing the Dred Scott Decision, and vehemently denouncing all opposition to it.

The new President, too, seizes the early occasion of the Silliman letter to indorse and strongly construe that decision, and to express his astonishment that any different view had ever been entertained.

At length a squabble springs up between the President and the author of the Nebraska Bill, on the mere question of fact, whether the Lecompton constitution was or was not, in any just sense, made by the people of Kansas; and in that squabble the latter declares that all he wants is a fair vote for the people, and that he cares not whether slavery be voted down or voted up. I do not understand his declaration that he cares not whether slavery be voted down or voted up, to be intended by him other than as an apt definition of the policy he would impress upon the public mind — the principle for which he declares he has suffered much, and is ready to suffer to the end.

And well may he cling to that principle. If he has any parental feeling, well may he cling to it. That principle, is the only shred left of his original Nebraska doctrine. Under the Dred Scott decision, “squatter sovereignty” squatted out of existence, tumbled down like temporary scaffolding — like the mould at the foundry served through one blast and fell back into loose sand — helped to carry an election, and then was kicked to the winds. His late joint struggle with the Republicans, against the Lecompton Constitution, involves nothing of the original Nebraska doctrine. That struggle was made on a point, the right of a people to make their own constitution, upon which he and the Republicans have never differed.

The several points of the Dred Scott decision, in connection with Senator Douglas’ “care-not” policy, constitute the piece of machinery, in its present state of advancement. This was the third point gained.

\ The working points of that machinery are:

First, that no negro slave, imported as such from Africa, and no descendant of such slave can ever be a citizen of any State, in the sense of that term as used in the Constitution of the United States.

This point is made in order to deprive the negro, in every possible event, of the benefit of this provision of the United States Constitution, which declares that–

“The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States.”

Secondly, that “subject to the Constitution of the United States,” neither Congress nor a Territorial Legislature can exclude slavery from any United States Territory.

This point is made in order that individual men may fill up the territories with slaves, without danger of losing them as property, and thus to enhance the chances of permanency to the institution through all the future.

Thirdly, that whether the holding a negro in actual slavery in a free State, makes him free, as against the holder, the United States courts will not decide, but will leave to be decided by the courts of any slave State the negro may be forced into by the master.

This point is made, not to be pressed immediately; but, if acquiesced in for a while, and apparently indorsed by the people at an election, then to sustain the logical conclusion that what Dred Scott’s master might lawfully do with Dred Scott, in the free State of Illinois, every other master may lawfully do with any other one, or one thousand slaves, in Illinois, or in any other free State.

Auxiliary to all this, and working hand in hand with it, the Nebraska doctrine, or what is left of it, is to educate and mould public opinion, at least Northern public opinion, to not care whether slavery is voted down or voted up.

This shows exactly where we now are; and partially, also, whither we are tending.

It will throw additional light on the latter, to go back, and run the mind over the string of historical facts already stated. Several things will now appear less dark and mysterious than they did when they were transpiring. The people were to be left “perfectly free” “subject only to the Constitution.” What the Constitution had to do with it, outsiders could not then see. Plainly enough now, it was an exactly fitted niche, for the Dred Scott decision to afterward come in, and declare the perfect freedom of the people, to be just no freedom at all.

Why was the amendment, expressly declaring the right of the people to exclude slavery, voted down? Plainly enough now, the adoption of it would have spoiled the niche for the Dred Scott decision.

Why was the court decision held up? Why even a Senator’s individual opinion withheld, till after the presidential election? Plainly enough now, the speaking out then would have damaged the “perfectly free” argument upon which the election was to be carried.

Why the outgoing President’s felicitation on the indorsement? Why the delay of a reargument? Why the incoming President’s advance exhortation in favor of the decision?

These things look like the cautious patting and petting of a spirited horse, preparatory to mounting him, when it is dreaded that he may give the rider a fall.

And why the hasty after indorsements of the decision by the President and others?

We can not absolutely know that all these exact adaptations are the result of preconcert. But when we see a lot of framed timbers, different portions of which we know have been gotten out at different times and places and by different workmen — Stephen, Franklin, Roger, and James, for instance — and when we see these timbers joined together, and see they exactly make the frame of a house or a mill, all the tenons and mortices exactly fitting, and all the lengths and proportions of the different pieces exactly adapted to their respective places, and not a piece too many or too few — not omitting even scaffolding — or, if a single piece be lacking, we can see the place in the frame exactly fitted and prepared to yet bring such piece in — in such a case, we find it impossible not to believe that Stephen and Franklin and Roger and James all understood one another from the beginning, and all worked upon a common plan or draft drawn up before the first lick was struck.

It should not be overlooked that, by the Nebraska Bill, the people of a State, as well as Territory, were to be left “perfectly free” “subject only to the Constitution.”

Why mention a State? They were legislating for territories, and not for or about States. Certainly the people of a State are and ought to be subject to the Constitution of the United States; but why is mention of this lugged into this merely territorial law? Why are the people of a territory and the people of a state therein lumped together, and their relation to the Constitution therein treated as being precisely the same?

While the opinion of the Court, by Chief Justice Taney, in the Dred Scott case, and the separate opinions of all the concurring Judges, expressly declare that the Constitution of the United States neither permits Congress nor a Territorial legislature to exclude slavery from any United States territory, they all omit to declare whether or not the same Constitution permits a state, or the people of a State, to exclude it.

Possibly, this is a mere omission; but who can be quite sure, if McLean or Curtis had sought to get into the opinion a declaration of unlimited power in the people of a state to exclude slavery from their limits, just as Chase and Macy sought to get such declaration, in behalf of the people of a territory, into the Nebraska bill — I ask, who can be quite sure that it would not have been voted down, in the one case, as it had been in the other.

The nearest approach to the point of declaring the power of a State over slavery, is made by Judge Nelson. He approaches it more than once, using the precise idea, and almost the language too, of the Nebraska act. On one occasion his exact language is, “except in cases where the power is restrained by the Constitution of the United States, the law of the State is supreme over the subject of slavery within its jurisdiction.”

In what cases the power of the states is so restrained by the U.S. Constitution, is left an open question, precisely as the same question, as to the restraint on the power of the territories was left open in the Nebraska act. Put that and that together, and we have another nice little niche, which we may, ere long, see filled with another Supreme Court decision, declaring that the Constitution of the United States does not permit a stateto exclude slavery from its limits.

And this may especially be expected if the doctrine of “care not whether slavery be voted down or voted up, shall gain upon the public mind sufficiently to give promise that such a decision an be maintained when made.

Such a decision is all that slavery now lacks of being alike lawful in all the States.

Welcome, or unwelcome, such decision is probably coming, and will soon be upon us, unless the power of the present political dynasty shall be met and overthrown.

We shall lie down pleasantly dreaming that the people of Missouri are on the verge of making their State free; and we shall awake to the reality, instead, that the Supreme Court has made Illinois a slave State.

To meet and overthrow the power of that dynasty, is the work now before all those who would prevent that consummation.

This is what we have to do.

But how can we best do it?

There are those who denounce us openly to their own friends, and yet whisper us softly, that Senator Douglas is the aptest instrument there is, with which to effect that object. They wish us to infer all, from the facts, that he now has a little quarrel with the present head of the dynasty; and that he has regularly voted with us, on a single point, upon which, he and we, have never differed.

They remind us that he is a great man, and that the largest of us are very small ones. Let this be granted. But “a living dog is better than a dead lion.” Judge Douglas, if not a dead lion for this work, is at least a cagedand toothless one. How can he oppose the advances of slavery? He don’t care anything about it. His avowed mission is impressing the “public heart” to care nothing about it.

A leading Douglas Democratic newspaper thinks Douglas’ superior talent will be needed to resist the revival of the African slave trade.

Does Douglas believe an effort to revive that trade is approaching? He has not said so. Does he really think so? But if it is, how can he resist it? For years he has labored to prove it a sacred right of white men to take negro slaves into the new territories. Can he possibly show that it is less a sacred right to buy them where they can be bought cheapest? And, unquestionably they can be bought cheaper in Africa than in Virginia.

He has done all in his power to reduce the whole question of slavery to one of a mere right of property; and as such, how can he oppose the foreign slave trade — how can he refuse that trade in that “property” shall be “perfectly free” — unless he does it as a protection to the home production? And as the home producers will probably not ask the protection, he will be wholly without a ground of opposition.

Senator Douglas holds, we know, that a man may rightfully be wiser to-day than he was yesterday — that he may rightfully change when he finds himself wrong.

But can we, for that reason, run ahead, and infer that he will make any particular change, of which he, himself, has given no intimation? Can we safely base our action upon any such vague inference?

Now, as ever, I wish not to misrepresent Judge Douglas’ position, question his motives, or do ought that can be personally offensive to him.

Whenever, if ever, he and we can come together on principle so that our great cause may have assistance from his great ability, I hope to have interposed no adventitious obstacle.

But clearly, he is not now with us — he does not pretend to be — he does not promise to ever be.

Our cause, then, must be intrusted to, and conducted by its own undoubted friends — those whose hands are free, whose hearts are in the work — who do care for the result.

Two years ago the Republicans of the nation mustered over thirteen hundred thousand strong.

We did this under the single impulse of resistance to a common danger, with every external circumstance against us.

Of strange, discordant, and even, hostile elements, we gathered from the four winds, and formed and fought the battle through, under the constant hot fire of a disciplined, proud, and pampered enemy.

Did we brave all then to falter now? — now — when that same enemy is wavering, dissevered and belligerent?

The result is not doubtful. We shall not fail — if we stand firm, we shall not fail.

Wise councils may accelerate or mistakes delay it, but, sooner or later the victory is sure to come.

More “Refugees” and separating families.

One can argue that our immigration and naturalization laws need reform. I can even agree with that. But until and unless they are changed, they are the law and if you don’t want to face the penalty then don’t. break. the. law.  Seriously.  Nobody says “you can’t break up families” when we arrest a thief and send him to prison.  If you don’t want your family separated as a result of breaking the law, then don’t break the law.

Now, this is usually where somebody starts citing “unjust laws” and “civil disobedience” but the whole point of civil disobedience is to evoke the penalty for the “unjust law” in order to sway opinion so as to get the law changed.

There’s an exchange attributed to Gandhi where one of his followers comes in all excited that they’d done a protest and the British didn’t do anything. Gandhi purportedly told him, basically that they were doing it wrong. The whole point was to have the British respond, showing the British people and the world the injustice of British rule.

If you’re engaging in civil disobedience, you not only expect, but welcome the imposition of the penalties.  If you’re not, then it’s not civil disobedience and you’re not the heirs of Gandhi and Martin Luther King Jr. You’re an overgrown toddler having a temper tantrum, kicking and screaming until you get your way.

That’s if you’re an adult able to make such decisions for yourself in full understanding of the consequences. If you’re bringing children into it. If you are dragging children along, evoking the penalties not just for yourself but for them, then you’re not protesting. You’re not engaging in civil disobedience. You’re scum abusing children and engaging in the reckless endangerment thereof.

And if you’re actually seeking asylum and have good cause for it, then the last thing you want is a bunch of other people swarming the border confusing the issue making it that much harder for folk to determine that your need is valid and your situation actually justifies asylum. But since they are, if you really have a case, you’ll understand that it might take some time to sort things out and that might involve some temporary discomfort, even some separation since our laws put different requirements on dealing with adults and dealing with children (thank previous administrations for that), while things are sorted out. And you’ll realize the temporary hassle is a small price to pay for end result.