Article II. Law and Justice
A. Our values and customs:
We have gratefully accepted the knowledge that has evolved thru the ages of human wisdom. This knowledge is based on the understanding that the greatest human value is the human mind. No other value is greater. The human mind is the basis for the survival of man. Man has no instincts, man has a mind. Man has the need to eat but must provide his own food. He needs water, but must procure it in order to survive. The simplest pencil and the most incredible building are both products of the human mind. Because all products come from the human mind, they are the property of the man who produces them.
Men are free to trade the products of their mind for just compensation. Since a man’s production is his property, he must never surrender his production without just compensation for in doing so he destroys the value of his mind and the value of all other men’s minds.
All interaction between men must be voluntary and reciprocal. Man must provide value for value. When a man demands or accepts the production of another without providing value he surrenders his own values.
No man can lay unjust claim to the products of another man. A claim of another man’s property is a claim on his mind and on him. No man can own another man. To own another man and the products of his mind is to in turn become the property of all other men and their slave.
There is only one law. No man may initiate physical force against another.
We recognize that men benefit from free association and trade. Trade permits men to specialize his production and provides benefit to him and to those he freely associate and trades with. We also recognize that when men freely trade and benefit, they need no laws or institutions save for two functions. Rules and guidelines must be established to administer justice and to protect men from the use of force from inside or outside The Colony.
For this purpose men have in the past established institutions of governance. But institutions of governance always evolve into a ruling class of men who seek to steal the production of better men by use of force or coercion. Therefore no institution of governance can be established amongst men save for one that constraints those serving the function of administering justice and protecting men from violence.
C. Administration of Justice: For the administration of justice and the protection of colonists from physical force inside the colony two positions are required:
1. Justice of the Peace: A Justice of the Peace is appointed to administer Justice. Justice is defined as the fair compensation to the victim of a crime and retaliation against those who violate the law. He is limited to either provide compensation, value for value, to a victim of a property crime, or to punish a criminal who commits a violent crime.
2. Sheriff: A Sheriff must be appointed and salaried as an agent for the Justice of the Peace. The Sheriff’s sole purpose is to protect the members of The Colony from physical threats and to conduct investigations into crimes committed against the members of The Colony. The Sheriff is vested with the power to arrest or detain accused colonists and to refer them to the Justice of the Peace. The Sheriff may enter Private Property upon a warrant issued by the Justice of the Peace and only to investigate, detain or execute orders from the Justice of the Peace. The Sheriff has the authority to call in deputies to assist him on his duties. Such deputies will be selected by the Sheriff and provided a salary from the Salary Fund. Such deputies are to be appointed for a specific limited task and for a period not to exceed thirty (30) days.
Salaries for the Sheriff and the Justice of the Peace will be collected voluntarily from all the members of The Colony at a rate of 1% of the production of the individual Colonists or an ounce of silver per year whichever is more. Any Colonist that chooses not to contribute to the Salary Fund is free to do so. Such Colonists are excluded from the protection provided by the Sheriff and the Justice of the Peace and may not lay claims to their duties or vote on their appointment. If a crime is committed against a Colonist who has not contributed to the Salary Fund, he is to be without recourse for retribution or compensation. Colonists retain the right of Self Defense regardless of his contribution to the Salary Fund.
Both the Sheriff and the Justice of the Peace are to serve in such positions for a period not to exceed one year. At the completion of the year, a new Sheriff and Justice of the Peace will be appointed unless there is a unanimous vote by all voting members of The Colony to offer a reappointment.
Property Crimes and Contract Disputes: Colonists are free to insure their property and contracts against Property Crimes by posting an insurance fee equal to 1% the value of the contract or property to be covered to the Justice of the Peace and the Sheriff. This is a voluntary commercial transaction. Any party to a contract or member of The Colony who does not wish to post an insurance fee is free to do so but may not lay claim to the protection of their property or enforcement of contracts and are without recourse.
Arbitration for Property Crimes and Contract Disputes:
1. Claim of Grievances: Any insured colonist may initiate a written Claim of Grievance with the Sheriff. Upon presentation of such claim the Sheriff is required to provide copies of the Claim of Grievance to the Accused investigate the validity of such a claim and attempt the voluntary arbitration between the Claimant(s) and the Accused. If no resolution is possible, the Sheriff will present the Claim of Grievance and the results of his investigation to the Justice of the Peace. If the Sherriff determines that there is no validity to the Claim of Grievance, he must so inform the Claimant(s) and the Accused. The Claimant may then present the Claim of Grievance directly to the Justice of the Peace for arbitration.
2. Arbitration: Upon receipt of a Claim of Grievance, the Justice of the Peace will review the Sherriff’s findings and the Claim of Grievance and call upon the Claimant(s) and the Accused. The Justice of the Peace will hear evidence from both parties and attempt to resolve the claim by voluntary agreement between the parties. If a voluntary agreement cannot be reached, the Justice of the Peace will convene a panel of twelve (12) jurors to determine the validity of the Claim of Grievances. The convened jurors will be compensated at a salary rate commensurate to the Justice of the Peace for the days they serve in the panel. The Panel of Jurors will be convened in the presence of both the Claimant and the Accused and the case presented within a reasonable period of time. The Panel of Jurors will hear the evidence collected and vote upon the validity of the Claim of Grievances and adjudicate just compensation for the Claimant. The Panel of Juror’s will report to the Justice of the Peace a Panel of Juror’s Report with their decision.
3. Resolution: Upon receipt of Panel of Juror’s Report, the Justice of the Peace will order both parties to abide by their decision. If the Panel of Jurors finds no validity to the Claim of Grievances, the Claimant must compensate the Insurance Fund for the expenses incurred. If the Panel of Jurors finds the Claim of Grievances valid, the Justice of the Peace will inform the Accused of the verdict and order the Accused to provide compensation to the Claimant. If the Accused refuses the decision of the panel of Jurors he may chose to sell his property and leave The Colony or appeal the decision to a Convention of Colonists.
4. Appeals: If the Accused refuses to voluntarily leave The Colony or, upon the request of the Accused, the Justice of the Peace will convene a Convention of Colonists. The Convention of Colonists is to be composed of all voting Colonists. The Justice of the Peace will present the Claim of Grievances, the Sheriff’s Investigation Report, the evidence presented by the Claimant(s) and Accused and the panel of Juror’s report. The Convention of Colonists will review the presented evidence and either overturns the panel of Juror’s decision, agree with the Panel of Juror’s Report en toto or determine a new compensation. If the Accused refuses to abide by the decision of the Convention of Colonists, the Convention will declare the Accused persona non grata and isolate him. An isolated colonist is no longer a voting colonist, may not conduct business with other colonist and receives none of the protections from physical force, compensation for his production or Private Property rights.
5. Additional procedures for violent crimes: If the Accused is found to have committed a violent crime against a Colonist, the Justice of the Peace will call for a Convention of Colonists upon receipt of the Panel of Juror’s Report for immediate appeal. The Convention of Colonists will review the Claim of Grievance, the Sheriff’s report, the evidence presented by the Claimant(s) and the Accused and the Panel of Juror’s Report. The Convention of Colonists may overturn the decision, accept the Panel of Juror’s Report en toto, determine just compensation, declare the Accused persona non grata or order banishment. If a decision is made for banishment, the Accused will be removed from The Colony and his property turned over the Claimant(s) as compensation for the crime.