Comment: My efforts to stop this madness

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My efforts to stop this madness

We need to work on this for sheriffs associations.

6:33 PM

Dear Patriots,
My new compilation on this very important meeting. Read it all and pass it on. See you there.
In Service of Sheriffs and Republican Government,

Sent: Monday, June 4, 2012 8:40 AM

Dear representatives of the peoples Republic of the great State of Maryland and fellow citizens,

As many of you know I have spent the last twenty years tying to convince all I come into contact with of the importance of strictly following our Constitutions both state and federal, of which the office of Sheriff is an integral part and an office I have taken a keen interest in. I would now like to ask a small favor of you for my efforts to keep the torch of Liberty burning in all of our hearts. Read the attached press release and join us in celebrating the high and noble office of the Sheriff , which is under attack in our sister state of Delaware. I cannot, except for the work pasted below this plea, begin to explain how important this office of the Sheriff is to the continuance of our Constitutional Republic. I pray you take time to read this important work.
I have become personally acquainted with a very astute attorney, Carson Tucker, a specialist on this topic of Sheriffs powers, and duties and who represents law enforcement officers generally. He has won several key cases in the Michigan Supreme Court defending law enforcement interests. Read his thoughts in the white paper linked below found among his other writings on this topic at his Blog I also pasted my open letter to the representatives of Delaware on the subject, a letter from Sheriff Jeff Christopher, and a very profound question from Mr.Tucker at the bottom of this page.
See Mr. Tuckers profile here:
Sheriffs from all over the country, some of whom will be joining including Sheriff Richard Mack are supporting this valiant stand of Sheriff Jeff Christopher.
For the support of Republican Principles and our mutual edification I cordially invite you for the blessing of your presence.
Yours for Liberty under Law,
George Otto III
p.s. please forward this plea to all of your e-mail lists, other representatives of the people, etc. Than You.

Dear Mr Tucker,
Thank you so much for doing the edifying work you are doing for the holy cause of Liberty. This will certainly help our cause tremendously.The high esteem that your carefully crafted work brings to the aid of Sheriff Christopher and these state Republic's united is beyond measure. You are truly a Godsend. I pray that you continue to be blessed with ever growing skill and wisdom in honing that "vengeful blade" so that someday we and our posterity may take a temporary and cautious rest in "freedoms hallowed shade" for the price of Liberty, as all experience has shown is eternal vigilance.The lawless condition of this action in Delaware by the legislature as you know is only the tip of the iceberg. Most of what all legislative bodies do in this country is beyond Constitutional authority and has thrown us into this state of anarchy. And the courts acquiesce in this sedition.
This hand, to tyrants ever sworn the foe,
For Freedom only deals the deadly blow;
Then sheathes in calm repose the vengeful blade,
For gentle peace in Freedom’s hallowed shade.
I believe this is a quote from John Quincy Adams.

Again I thank God for you and your leadership in our cause,
George Otto III

A must read from---Mr. Tuckers Blog

To the representatives of the Republic of
the great State of Delaware and fellow
citizens of all States:
I have spent the last twenty years tying to
convince all I come into contact with of the
importance of strictly following our Constitutions,
both state and federal, of which the office
of Sheriff is an integral part.
I invite you to join me in celebrating and
upholding the high and noble office of the
Sheriff, which is under attack in the State of
Delaware. While this attack is against all
Sheriffs in Delaware, one Sheriff, Jeff Christopher,
has stepped up to fight for the preservation
of this ancient office, and Sheriffs from
all over the county, including Sheriff Richard
Mack, are supporting him in his valiant
On June 9th, 7:00 PM, at the Agricultural
Center in Westminster, Maryland,
Sheriffs Jeff Christopher and
Richard Mack will present the urgency
of the case for preserving this office,
which protects the people from federal and
state depredations. If you are nearby or can
make the trip, please join us for a wonderful and enlightening
Recently, I have become personally acquainted with
an astute attorney, Carson Tucker, a specialist on the
topic of Sheriffs’ powers and duties, and a lawyer who
represents law enforcement officers generally. He has
won several key cases in the Michigan Supreme Court
defending law enforcement interests. His article “Vitae
Republicae − The Life of the Republic”1 is a must-read:
Tucker exposes the nature of the common law powers
of the Sheriff and the limitations of the legislatures with
respect to that office — limitations presently being ignored
by Delaware’s legislature.
The people have the sole and exclusive right of regulating
the county’s internal government and the police
thereof, electing their law enforcers as a free, sovereign
and independent people. However, the
“representatives” of the people in Sussex County and
the state of Delaware are attempting to violate the republican
form of government with an unconstitutional
legislative act, House Bill No. 325. A reading of HB 325
clearly shows contempt for the people’s role in selfgovernment.
HB 325 amends existing law to explicitly remove the
general authority to arrest from the Sheriff, stating:
“Sheriffs and sheriff deputies are not authorized by law
to make arrests in criminal cases.” and “Sheriffs and
their regular deputies shall not have any arrest authority.”
and excising the term Sheriff from every statute
containing the term with respect to arrest powers.2 Patriots
across this country are closely watching their sister
state Delaware in her political struggle to maintain
the noble, constitutionally mandated office of the Sheriff.
This fight is for the very heart of our form of government.
We here in Maryland offer our support to this extremely
important effort. It seems that people in positions
of the public trust in Delaware are not deserving
of that trust and must be removed from office for trying
to destroy the office of Sheriff through deception.
‘A Republic, if you can keep it’
At the close of the Constitutional convention of 1787,
a woman reportedly asked Benjamin Franklin, “What
form of government did you give us, Mr. Franklin, a Republic
or a monarchy?” Dr. Franklin answered, “A Republic,
if you can keep it.” Our form of government is a
Constitutional Republic, not a democracy. This means
that anyone with authority under the Constitutions are
elected as representatives of the people (the sovereigns),
and must govern according to the limits of existing
Constitutional law. The mandate for a guarantee of
a Republican form of government is found at Art. 4,
Sec. 4 of the U.S. Constitution.
The office of Sheriff is a very important part of our
(Continued on page 4)
(Continued from page 3)
Republican form of government,
safeguarding individual Freedoms.
He is sworn to the Constitution,
and is the supreme law enforcement
officer, a.k.a. the chief
executive, of the county, answerable
for his actions only to the citizens.
He is our conservator of the
peace (with arrest powers, of
course) and our duly elected representative,
the one we go to first
with problems of government corruption
or common law crimes of
theft and such. The Sheriff also interposes
on our behalf to make
sure all law is faithfully adhered to
and executed, including state and
federal laws. In this manner, government
officials who operate outside
the law (e.g., IRS and FDA officials)
can be held to the law and their unlawful invasions
of the county stopped.
The office of Sheriff arises Constitutionally and has
its roots in the Common Law of England. Americans
have a right to be served by the office of the Sheriff as a
matter of law, Art. 4, Sec. 4 of the U.S. Constitution,
which was incorporated into the Delaware Constitution
at Art. 15.
The office of Sheriff was the only law enforcement office
in the States of the union in
the beginning, from colonial times
through the revolution into the
Confederacy and into the Constitutional
Republic. The first
unelected police force was in 1835
in Boston, Massachusetts. To my
knowledge, the constitutionality
of that agency has never been
challenged in court, and frankly,
with the sophistry in today’s
courts, it would probably be a
waste of time. However, that does
not change the fact of the constitutionality
of the office of Sheriff.
Thomas Jefferson wrote that
“there is no honorable law enforcement
authority in Anglo-
American law so ancient as that of
the county sheriff whose role as a
peace officer goes back at least to
the time of Alfred the Great.”3
While the “representatives” of
Delaware are attempting to pass
laws removing the arrest power of
the Sheriff, the attorney general of the state is simultaneously
deceiving the people by stating that the term
“conservator of the peace” (a term which includes sheriffs)
in the Delaware constitution is not defined, and
that the common law powers of the Sheriff have been
abrogated by statute (AG Opinion No. 12-IIB03). If
these powers could be abrogated by statute (which they
cannot) and have already been abrogated, then why is
the legislature attempting to abrogate them now?
The AG’s opinion further states that the term “peace
officer,” as far as they can determine, has never been
judicially interpreted in Delaware, although it admits
the AG did “… forgo an exhaustive historical analysis
because the law of arrest is governed by statute in Delaware
and the relevant statutes control over the common
law.” A mere five-minute search on Westlaw, however,
shows the AG’s statement to be a lie. In State v. Brown,
an 1854 case, Delaware Judge Harrington noted that a
peace officer such as a Sheriff does have the common
law authority to arrest.
The powers and duties of the Sheriff are found in the
exhaustive A Treatise on the Law of Sheriffs, written
by Walter H. Anderson after more than thirty years of
active practical experience on this subject as a member
of many state Bars. The government certainly hopes
this treatise would disappear, but as a champion of the
constitutions, I can tell you Mr. Anderson understands
law. Among a few of the statements of fact in this treatise
are: Sec. 1, “The office of sheriff is one of the oldest
offices known to the common law system of jurisprudence.
It is an office of great dignity and greater antiquity,”
Sec. 43, “Rights of the sheriff as a constitutional
officer.-Where the sheriff is named in the constitution
his duties are the same as they were at the time the constitution
was adopted,” Sec. 50, “… where the office of
sheriff is a constitutional one, the legislature has no
power without a constitutional amendment to diminish
his official powers or to transfer to other officers the
duties which properly pertain to his office.” The Delaware
legislature should take note.
Legislative acts that conflict with constitutional
mandates are void from their enactment (see CJ.S. citation
below). HB 325 is only one of many unconstitutional
acts that are passed routinely, apparently because
most “representatives” seem to be either ignorant
of our system of government, or seditiously in contempt
of it, violating the oath they took to protect it.
The result has been the violation of the people’s rights
to life, liberty and property. If we are to survive as a
self-governing and free people, we must elect statesmen
who will be devoted to understanding and upholding
their oath. Thank God for men like Sheriff Christopher
who are taking that stand. Support your local Sheriff!
Yours truly for Liberty under Law,
George Otto III
16 C.J.S. Constitutional Law § 3 (1956):
Statutory law … in order to be valid, must conform to
the constitution, both federal and state, and likewise
any principle of common law in conflict therewith is
void. Anything that is unconstitutional is void.
3. Chapter 4, “The Value of Constitutions,” The political writings of Thomas Jefferson: representative selections, Edward Dumbauld, ed., 1955.

"Dear Friends:
As you are aware, I have been drawn into a dispute with the Sussex County Council over the County's efforts to seriously limit the ability of the Sheriff's office to perform the duties entrusted to me and my deputies by the people of Sussex County and by the Delaware Constitution. Although I have tried to seek a reasonable outcome, the response of those people who wish to suppress the ability of the Sheriff's office to do the people's will has been a legislative effort to statutorily neutralize the powers of my office. Further, Attorney General Biden recently issued an opinion that, based on questionable authority, attempts to further strip the Sheriff's office of its Constitutionally granted power. The time has come to take further action. The Legacy Foundation, an Iowa-based tax-exempt organization, has taken a strong interest in this matter and wishes to further support me in my efforts to solidify the role of the Sheriff's office in Sussex County. If you wish to contribute to this effort, please visit the Legacy Foundation's dedicated webpage at to make a charitable contribution via the internet. If you wish to send a check payable to The Legacy Foundation, please send it to my attorneys Niles, Barton & Wilmer, LLP, c/o Leslie J. Williams, 111 S. Calvert Street, Suite 1400, Baltimore MD 21202. Thank you, as always, for your support."

In your service,
Sheriff Jeff Christopher

A very basic question for Mr. Schwartzkopf, which I posed in similar form through the Honorable Statesman from Delaware Wolf von Baumgart: To Mr. Schwartzkopf, – or for any misinformed Delaware legislator – why do you exhibit such abhorrence to common-law jurisprudence, which, as you well know, provides that the Sheriff has retained that measure of authority residing in his office at common law prior to its naming in the Delaware Constitution? The Sheriff now has the constitutional imperative - that is, in the performance of its common-law powers and in the execution of its duties - the Office of Sheriff retains all common-law powers that were inherent in that office at common law. Without constitutional amendment abrogating any of those retained powers (which of course includes the most basic – the power of a conservator of the peace to enforce the law and arrest those who break it), neither the judiciary nor the state legislature has the constitutional prerogative to strip the Office of its powers and duties and to vest them in any other non-representative office. Carson Tucker



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Sheriff Christopher v3.pdf


george III