The "Fighting Spirit" of America in Wisconsin by chef jem Blog entry

Blog: Raw Milk: The Whole Truth
by chef jem

The "Fighting Spirit" of America in Wisconsin

"Farmer who persisted in raw milk ... is responding to 'criminal' charges" - for non-commercial traditional dairy farming! This Is Not Just About Raw Milk My Friends!!!

Date: 12/9/2011 5:13:33 AM ( 13 y ) ... viewed 2852 times

"Raw milk farmer Hershberger will face trial":

Update-June 29, 2012 -
Posted this at;
http://www.wiscnews.com/news/local/crime_and_courts/article_9c720264-c064-11e...

"... the judge wrote in his decision. 'The court is aware of no such law.'" Imagine that the statement is one that the judge believes is true. Then consider the fact that the "United States Code" recognizes what is known as the "Organic Laws" AKA "Organic Laws Of The United States". There are four Organic Laws starting with the "Declaration of Independence". Surely the judge is aware of the Declaration of Independence! That's the one that is dated July 4th, 1776 and says: "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. That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, - That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new government ..." That is the Law!"

And there is a lot more where that came from; if only the comment space at wiscnews.com would accommodate it! Well, fortunately, we have Blogs!

"... Reynolds stated:
'In this portion of the defendant’s argument, he suggests that his farm is actually a village governed by a board of supervisors ..."

Maybe what Vernon "suggests" needs to be declared more affirmatively! The truth is the farm is a community that functions as well as, if not better than, a "village"! And, most importantly in this instance, it has it's own form of government! As we all just read, the Law clearly says "it is the Right of the People to ... institute new government" ... and "laying its foundation on such principals and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness." Last I heard, Vernon was feeling safe and happy with his family, on his farm and along with his farm community.

The "principals" of that self-governing "village" include the Common Law. In Common Law the people are free to live their lives as they see fit, as long as they are not causing injury to another. The Common Law is recognized in the Organic Laws. That is why Vernon filed a "motion to dismiss". There is no injured party in this matter! He has a Common Law Right to be left alone or the Right to be presented with a verifiable claim by a real injured party and that simply has not occurred here.

In addition we have the second Organic Law (The Articles of Confederation) wherein you can find the "free inhabitant" who is not subject to the jurisdiction of the federal government. That is why the judge "wrote in his decision 'The court is aware of no such law'." For the court to be aware of the Organic Laws would be the greatest loss of governmental power since the American Revolution!

And yet the government's Lawful jurisdiction was determined "after the Northwest Ordinance of July 13, 1787." Since then "the term 'United States' can mean the territory and other property belonging to the United States of America." Here is a most fundamental question that absolutely must be addressed before proceeding in any trial-by-jury against Vernon Hershberger: "Is the Wisconsin land where Vernon and his farm are located a "territory" and / or "other property belonging to the United States of America?"

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Update June 29, 2012

Ed Rivera (in correspondence with his students and contacts)
writes in regards to "procedure and who has the burden of proof in any case. The moving party has the burden of proving a court's territorial jurisdiction over the other party."

Question: What proof has been presented that court has "territorial jurisdiction over" Vernon Hershberger?

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Update July 2, 2012 - Also see: "Standing In The Truth Regarding This 4th of July":
http://curezone.com/blogs/fm.asp?i=1958734

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Update July, 2012 -
The land that is in North America that is owned by the people is freely Self-governed in accordance with the unwritten common law. The common law mandates that there must be an intentional injury to person or damage to property as the basis for a valid claim against the land owner. The VII Amendment to the Constitution says:

"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury, shall be otherwise re-examined in an Court of the United States, than according to the rules of the common law."

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Update on the Grazin’ Acres v State of Wisconsin Court Case

- June 20, 2012

Members and Friends,

I have been asked to write an update on how things are going on the farm by now and what the Members are
doing now that things have been quiet for a while on the legal front.

First I want to give all the Honor and Glory for what has happened so far to where it really belongs, to the one
true God the Creator of the universe and everything that is in it. And also to his only begotten Son, Jesus Christ
who was willing to give his life for payment of the sins of the whole world and bring the Gift of Salvation to all
mankind! Without the example that He set forth for us in standing up for the truth and actually giving His life for
the truth I would have been completely powerless to stand up the way I did under all the pressure that the State
put on me and our family last winter. At this time I feel nothing but Love and a deep sense of pity towards the
prosecutors and all of the other Government Officials who have taken it upon themselves to try and create
havoc out of the community of people that have gotten together to help each other produce and make available
this good food directly from the farm the way God intended it to be. Do they actually think that God will stand
idly by as they conspire to wreck the good things that come directly from Creation. We read of many instances
in the Bible where God with his mighty power put a curse on people like that. Please read; Psalm 44, Psalm 59,
and also Psalm 62.

Secondly I want to let all of our Members know how much we appreciate their efforts in trying to relief
us of as much pressure as possible during the time when we were in the heat of the battle in Court. The
effort that was put into the rally on March 2nd, for all those that personally came out to the farm to help
with physical labor, for those who pitched in and helped to take the burden from us in doing the order
drop-offs, and last but not least for all the prayers and petitions that were send Heavenward on our behalf
during that time and also since as we have gone through some struggles on other fronts. And also a big
Thank you to all of you for making a commitment to feed yourself and your family the food that comes directly from Creation and has not been manipulated, processed, or adulterated by man with his great ideas of how he could do things better. It makes me think of the motto that used to hang above the office door of the local livestock sale barn when I was growing up. “Through these doors walk some of the greatest people in the whole world, OUR MEMBERS!!”

Thirdly I want to recognize the efforts of the local County officials who have supported us in whatever way that they are able to. To Courthouse Officials who have been very amiable and courteous every time I come to the Courthouse either for a hearing or just stop in for other
business. They always have a big smile and make everyone feel as if they are an important asset in the Community! They do not treat us as criminals like the State would like to have everyone believe that we are. They see the valuable assets that farmers like us are to the community by producing good wholesome food and distributing it locally to people who want to get connected with the food that they eat. And also the local County Sheriff’s Office with all of fine men and women that work hard to do their duty in serving and protecting their constituents. We as a family consider them as our good friends. They have done many a good deed to us. . They see the valuable economical asset that small farmers who direct market are to a community by keeping the money going around in circles in the local area instead of being used to buy produce and other products that come from foreign countries.

"It is the peculiar boast of our country, that her happiness is alone dependent on the collective wisdom and virtue of her citizens, and rests not on the exertions of any individual." George Washington
"Alone we can do so little; together we can do so much." Helen Keller

My pledge is that however long that God sees fit to let me serve our community in this way I will endeavor to best of my ability to continue providing food for people who need it and want it regardless if they can compensate us monetarily for it or not. So help me God!

Your humble Farmer, Vernon Hershberger

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Update May 5, 2012 -
Posted this comment:
"Food Sovereignty" is for and comes from the people's sovereignty. Therefore, people need to fully know all that can be known that affirms their sovereignty. "The Constitution" is one and only one of four Organic Laws. If you do not know this fact and what these Organic Laws consist of then I freely offer you an informative lesson on this: http://curezone.com/blogs/fm.asp?i=1829734

http://www.facebook.com/pages/Wisconsin-Raw-Milk-Association/218055891543976

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Update June 6, 2012 -

"Summer is here and it's ice cream season!
Do you like yours raw? ...":
http://us4.campaign-archive2.com/?u=1e72e9dea9768e82adc6118d9&id=12d81a6229&e...

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Update March 4, 2012 - By David Gumpert:

"... The judge also promised to review three motions Hershberger has filed challenging the court’s jurisdiction in the case, which argue that because the food club is privately organized, it is outside the regulatory reach of the Wisconsin Department of Agriculture, Trade and Consumer Protection.":
http://www.thecompletepatient.com/journal/2012/3/3/hershberger-lives-to-fight...

"The rally's highlight was the unveiling of a huge 'Declaration of Food Independence', which committed its signers to engaging in civil disobedience to confirm the right of individuals to enter into private agreements for food."

A couple days ago I wrote to Vernon saying I'd like to see this Declaration printed on T-shirts and the like!

Just posted a comment at David's blog:

Thank you Deborah Evans!

The one-year anniversary of the start of the Food Sovereignty movement is a good example of self-government that could possibly inspire the good people in Wisconsin.

Virtually every local community needs to recover or establish their Food Sovereignty as a matter of Common Law Right! The "Declaration of Food Independence" that was unveiled in Wisconsin just may be the first step in establishing Food Sovereignty there!

Mark's idea that: "Wisconsin must be seized by it's people." is true! How the people of Wisconsin do that is to be seen. It will probably be a growing process that evolves over the coming years. In any case - the little over six months time between now and September 25th can allow for real changes toward Real Food Sovereignty in Wisconsin! I will love to see all the further development! I would like to support that. How can I do that?

One thing I can certainly do is pray! Vernon has asked the club members for prayers. I hope that the prayers will continue. As Mark said this is a war and I'll add that there is a spiritual dimension to it that virtually every American can be made aware of and thereby support the spiritual victory that is needed here! How fortunate that Vernon is the point man on the front line! May great Spirit protect him, continue to strengthen him and guide him through all the steps to come!

Blessings on every individual who is supporting Vernon, our Common Law Rights to contract and Real Local Food Sovereignty!:
http://www.thecompletepatient.com/journal/2012/3/3/hershberger-lives-to-fight...

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Added on April 15, 2012 -
This site is by people who are "... committed to changing the law in Wisconsin that prohibits consumers from having the freedom to choose the raw milk products that they want for their families.":
http://www.wisrawmilkassociation.com/

Update March 3, 2012 -
"Farmer Accused Of Selling Raw Milk Stays Free"

"The judge tentatively scheduled a trial on the four misdemeanor charges for Sept. 25.

Prosecutors still have to file responses to Hershberger's claim that a judge has no constitutional authority to hear the case."
Plus links to 23 previous Wisconsin raw milk articles:
http://www.channel3000.com/money/30597746/detail.html

Later -same day:
"... The rally garnered over 300 supporters (which was a lot for our small town and small courthouse), the holding room in the court was filled to overflowing with rally attendees."
Plus:
"Declaration of Food Independence - introduced into Common Law on Friday, March 2, 2012, and signed by the People -

In a spirit of humility and with respect for both the just law of the land and Natural Law, we declare that, inherent in every individual is the God-given right to procure the food of one's choice from consenting farmers and producers.

The undersigned respectfully declare that we will peacefully reject laws and regulations that infringe on this God-given right.

We are willing to suffer the consequences rather than comply with laws and regulations that deny people the sovereignty to choose their own foods or deny producers the authority to engage directly with consumers.

For the support of this declaration, with a firm reliance on the protection of God, we mutually pledge to each other our commitment to protect and secure this right ourselves, all individuals, and our mutual posterity.:
http://proverbs31wannabe-tessa.blogspot.com/2012/03/food-freedom-rally-and-de...

Posted the following comment at this site:
Thank You Tessa!

I'm encouraged by your report! Glad there were "over 300 supporters"!

Regarding the Declaration of Food Independence: "with respect for both the just law of the land and Natural Law" - I think the latter part that I quoted expresses the same consciousness that is imbued in "The Declaration of Independence" (1776) with: "Laws of Nature". (If that wasn't the intent of the author/s then I would like to see real objective evidence of what the other intent was. Aside from any controversies the heart of this is right and if I could I would sign my name to that Declaration!

Now that inspires me to ask whether this declaration could be posted by you and/ or your co-creators in a way that allows the rest of the American people to sign on. That could possibly add the greater support that I hear being asked for in this report! What do you think Tessa?

Cheers!
Chef Jem"

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Update March 10, 2012
Posted comment in reply to:
"ABC NEWS NIGHTLINE TELEVISES DEFAMATORY STORY ON SOVEREIGN CITIZENS"

Blogger Chef Jem said...

Thank You, Bob!

Appreciate your responding to the corporate media as I don't have or watch t.v. and so missed this "circus".

Speaking of circuses, Last week in Baraboo, Wisconsin, (former home of the Ringling Brothers and Barnum & Bailey Circus) a "Declaration of Food Independence" was presented to the rally in front of the court house where it was signed, starting with the farmer who had been falsely accused by the State of Wisconsin for operating a commercial dairy when in fact he is in a private contract for an all-private food club:
http://curezone.com/blogs/fm.asp?i=1889226

When a judge says or implies that people do not have the right to choose their own food then it's high time for the farmers and their community members to at least speak their truth on the matter!":
http://bobhurt.blogspot.com/

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Update March 1, 2012:

"The Josh Tolley Radio Show will be broadcasting live from Baraboo Friday March 2nd from 9am -11am The live broadcast will be 100% dedicated to the Rally for Food Freedom.

There are some amazing guests that will be interviewed. The public is invited to attend the live show which will be held at the Al Ringling Theater across the street from the Sauk County Courthouse. Josh Tolley will also be doing live reports on the ground during the rally for another national radio news program from 11 am -2pm. If you can get to Baraboo early Friday come to the theater and join in on this national event. If you are unable to attend you can listen to the show at http://www.gcnlive.com

All times are Central Time. There will also be a live internet broadcast of the rally on http://www.justin.tv"

From Vernon Hershberger

Update - January 29, 2012:

"Below I have copied my statement to the Court after the Judge stated that the 5 Prohibitions still stand. In making this statement I feel that I have freed myself from the Prohibitions before God regardless does (sic) the Court think so or not.

I cannot in good conscience tell the 100+ families who own the food and depend on it to feed their families, that they can no longer get food to feed their families. The Almighty God has spoken and I cannot do otherwise. God’s word in the Bible states in 1 John 3:16-18, quote, 'Hereby perceive we the Love of God, because he laid down his life for us, and we ought to lay down our lives for the Brethren. But whoso has this world’s good, and seeth his brother have need, and shutteth up his bowels of compassion from him, how dwelleth the Love of God in him? My little children, let us not love in Word, neither in tongue, but in deed and in truth.' End quote.

Your honor, I have spent many sleepless hours since signing the bond due to my conscience being plagued by the thought of shutting up my bowels of compassion to my Brethren who are dependent on the food that is provided by and for them on our farm. To most of them it is not merely a matter of preference but much more a matter of life or death! If the owners of the food cannot eat their own food, aren't we living in a communist state? If our farm stopped feeding is owners families, there will be literally hundreds of children who will suffer malnutrition and even starvation. Your honor, I would much rather spend the rest of my life behind bars or even die than to be found guilty of such a gross sin before the Almighty God. Col 3:6, quote, 'For which things' sake the wrath of God cometh on the children of disobedience.' End quote.
Vernon, Erma, and Crew"

Update February 29, 2012:
"I am deeply worried about the lack of understanding, the lack of unity and the lack of participation by those millions of raw milk drinkers only relying on the fighting spirit of farmers."
Michael Schmidt
Wake Up dear friends
http://www.facebook.com/profile.php?id=671393100

http://thebovine.wordpress.com/2012/02/29/raw-milk-farmer-vernon-herschberger...

American Freedom requires "the fighting spirit" of all Americans! Whether or not you are a raw milk lover and whether or not you live in Wisconsin today is the day to lift up your minds and heart to be aware, to understand and to know the truth of what is at stake here! This Is Not Just About Raw Milk My Friends!!!

Wisconsin (a true American dairy state - once upon a time) is now seen as having domestic enemies within it's borders that have an independent farmer in their sights:
http://www.jsonline.com/blogs/news/135207183.html#comments

Update February 25, 2012:
David Gumpert's blog appears to offer a significant forum for this cause as well as related raw milk issues. I have seen comments made there about the instant case against Vernon and I had to respond as follows (with some minor edit improvements):

"Our Right to contract is Sacred and the spirit of that is very well acknowledged and affirmed as: the "power to contract is unlimited"! That is a non-refutable truth in the Organic Law and the basis of virtually the entire world as we know it. Does the exercise of that Right and power by Vernon make everyone happy? Obviously not. However, what others may think or feel about what Vernon has contracted is certainly not the core issue here!

Vernon has exercised his Right and power to contract and that contract is without the State of Wisconsin. The State of Wisconsin is absolutely not a party to this contract. Therefor, the State of Wisconsin has absolutely no business and no Lawful claims involving that contract! In addition, Vernon does not have another contract with the State of Wisconsin whereby he is obligated to performance of any kind.

If opinions, assessments, judgements, criticisms and the like are expressed without regards to the context of contract, and especially in regards to this particular contract, then they are all missing the mark!
The context here is a private contract! Please consider that!":
http://www.thecompletepatient.com/journal/2012/2/23/wi-ag-feeling-newly-embol...

Update January 12, 2012:
In Wisconsin - "Governor Walker is about to face a recall election in Wisconsin soon. Having the State prosecute and persecute small family farms such as the Hershberger's will not look good for him in his struggle to stay in office. Let Walker know that you are not pleased with this most recent attack on this family farm. Perhaps if he gets enough calls Walker will tell the DOJ to back off.
Phone (608) 266-1212

Governor Walker repeatedly stated in 2011 that Wisconsin is broke.

Call Scott Walker and inquire as to where Wisconsin is getting the money to prosecute Vernon Hershberger.

Also ask why is the government war on raw milk escalating on Governor Walker's watch when no one has been injured.

The family farm is quickly disappearing from the Wisconsin landscape, are you proud that the vanishing of the family farm is escalating under your watch?"

From Wisconsin: "Please take the time to view these short videos and inform yourself of some very real issues that only a handful of people are aware of right now! Our freedoms and our health are under fire from some of the laws and regulations that currently are in effect- and most likely will increase- if the people don't raise a voice!! Food sustainability and freshness might not be on everyone's mind right now in the midst of economic crisis and the many other worries America is facing right now, but what we can't live without are local farms!!! With rising healthcare costs, the last thing we need is for it to be illegal for us to seek out healthy fresh food, herbs and supplements to prevent or cure our illnesses. 'Let medicine be food, and food thy medicine' -Hippocrates.

If you are unaware of what is going on in the food industry right now please watch the movie Food Inc. Here is a trailer : http://www.youtube.com/watch?v=5eKYyD14d_0

For a primer on what the FDA does and how they actually oppose local organic and raw produce, please watch this video: http://www.youtube.com/watch?v=ZONcV4q5O9Q

A recent movie about the subject of small farms being shut down by the government called: Farmageddon 2011
http://www.youtube.com/watch?v=Yvfxs0xqkww

An interview with the director of Farmageddon.....
http://www.youtube.com/watch?v=2M2tkLYXYaE&feature=related

A farmer from Wisconsin was recently in court over this battle: http://www.youtube.com/watch?v=Mt5VtuQUL5I

The only thing that can stop this from getting worse is US!! Please take action and pick up the phone. This topic is gaining momentum right now in Wisconsin so lets spread the word and keep it going! The raw milk issue is the traction point for food freedom in Wisconsin - you don't have to drink it or agree with it to support the freedom of choice. Right now there is a bill on the table called SB108, the Raw Milk Bill. If enough people press the issue, hopefully it can get looked at and passed.

To find who your reps (in Wisconsin) are go here: http://legis.wisconsin.gov/w3asp/waml/waml.aspx

Including our governor Governor Walker: (608) 266-1212

Please call them and leave a message saying you support local farms selling fresh food including raw milk and would they please support bill SB108 (Raw Milk Bill)."

The truth will win here!
I see this as an excellent opportunity for real freedom-loving Americans to come together in support of this family farm and in support of the Right to continue their traditional farming to produce real foods, the kind that can be considered food as medicine! Please pray your best prayer and/or do your best to support the Right of a small (private) family farm to farm (under private contract) unimpeded by outside and essentially foreign forces!

Video of Vernon being served the summons:
http://www.youtube.com/watch?v=tSVSk1fCWTE