Remedy of Choice
by Sam Aurelius Milam III
Public
Land - Originally, all land was public land and the concept had no
special name because it needed none. So long as men moved freely
about upon the business of survival, there was no need to distinguish between
different categories of land. There was only the one category. 
Eventually,
people fenced pastures as early pastoral cultures arose, or planted crops
in early agrarian settlements. When men began to feel protective
or possessive about certain pieces of land, and began to control access
to and use of that land, then they owned the land. When that happened,
the land became property. After that, there was more than one category
of land. The remaining public land became discernable as the part
that wasn't owned.
Right
of Way - I have (rooted somewhere in the past) a right to go my way.
It is my Right of Way. It is a right to travel, a right to move about.
I don't need to qualify for it, or ask permission. People have always
moved about in their own best interest, and they have done so in spite
of all efforts of tyrants to prevent it. Even today, millions of
refugees and so-called illegal aliens continue to do so. There are
very few kinds of people who do not have the Right of Way: prisoners;
slaves; the infirm; and most children, particularly very young
ones.
The
Right of Way exists when people have the ability to travel, when they do
so without permission, and when their action is generally or customarily
accepted or condoned.
The
Roads - Any land upon which the Right of Way is customarily exercised
is public land. Indeed, private property will become public land
if the Right of Way is customarily exercised upon it. Such use has
always been recognized as necessary, proper, and inevitable. Throughout
history, strips of public land have been preserved for the use of travelers.
In
times past, various institutions undertook to "improve" the narrow strips
of public land thus preserved. Materials such as gravel, rock, concrete,
or asphalt, were placed on top of the public land. This material
was not public land, but was rather the private property of the institution
that placed it there. This continues to be true today
Fraud
- As a result of these "improvements", a subtle change in terminology and
understanding occurred. As the public land became buried beneath
private property, the concept of public land was quietly replaced by the
concept of public property. However, inherent in the definition of
property is the requirement of ownership. At the same time, a thing
that is public cannot be owned, but is the domain and concern of the entire
community. Thus, the very concept of public property is a horrible
contradiction in terms. There can be no such thing as public property.
Today,
most public land is covered by private property in the form of roads.
In each case, this property is owned by a government. Notice that
a government isn't the community. It isn't the public. It is
a corporation, a body politic, an individual party under the law.
Thus the roads are not public. They are private property each of
which is owned by a government.
Extortion
- Associated with the roads is a set of traffic laws. These laws
were enacted by the parties that own the roads. However, the owner
of property can legitimately regulate only what he owns. Thus, the
traffic laws apply to the roads, but not to the public land under the roads.
Land that is public cannot be regulated by enacted laws, because the legislatures
that passed the laws do not own the public land. Public land can
be embraced only by such customs of use as have evolved from antiquity
within the community.
However,
the owners of the roads have arranged their property in such a way as to
absolutely and completely obstruct all access to the public land.
They have made it impossible for anyone to exercise the Right of Way upon
the public land and have dictated instead that people can travel only upon
the private property. This is an unlawful conversion of the Right
of Way into a privilege of use. Upon that privilege the owners of
the roads have placed prerequisites that reduce every applicant into a
state of servitude. Government will admit only two alternatives:
a traveller must either submit to the rules and pay the fees or remain
forever imprisoned by the barrier of roads which obstruct his access to
the public land.
The
Remedy - The owners of the roads cannot legitimately regulate what
isn't theirs, that is, the public land. Furthermore, travel isn't
a privilege. It is a necessity of survival. So long as government
forces people to use the roads as the only possible way to travel, then
the people have no obligation to the traffic laws because there is no obligation
under duress. Only when the use of the roads is a voluntary choice
between alternatives does an obligation accrue. Therefore, the remedy
is clear. The traveller must neither pay the fees nor acknowledge
the traffic laws. He must exercise the Right of Way and use the public
land as if the roads were not there. If the owners of the roads object,
they can remove their property from the public land. They can put
it someplace where it isn't in the way, where it doesn't obstruct the access
to the public land, and where it doesn't interfere with the exercise of
the Right of Way. The owners of the roads have committed the violation.
The owners of the roads must yield.
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Sheeple
by
Sam Aurelius Milam III
Frankly
My Dear ....
,
435 South White Road, San Jose, California 95127