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Editorial
"Stand Your Ground, America!" |
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Stand
Your Ground, America!
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by Ronald Harris
"A
man is not born to run away."
-- Justice Oliver Wendell Holmes, 1921
James Butler
Hickok stood in the square facing Dave Tutt, his coat open to
the ivory grips of twin Navy Colts. Tutt strode directly toward
Hickok, his face contorted with furious resolve. In the long
sunset shadows, somnambulant hogs wallowed or scurried from ox
teams and lumbering wagons. Sidewalk strollers stopped and
stiffened at Wild Bill's stentorian stipulation.
"Don't come
any closer, Dave!" Hickok's voice boomed. Tutt must have
heard the warning; witnesses quoted Wild Bill verbatim and
issued identical accounts of the next moment.
Onlookers knew
both men on sight and by reputation. Many had overheard the
threats, dares and epithets exchanged and some had heard of
Tutt's gambling debt to Hickok. A few may even have known of the
real probable cause of the fatal firefight that followed. Her
name was Susannah Moore and she wasn't the first woman over whom
the Great Scout had fought. She was, however, the last lady to
inspire combat -- or anything else -- in young Mr. Tutt.
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At
fifty yards or so, Tutt could contain his rage no longer and,
ignoring Hickok's advice, pulled his pistol. Tutt aimed as he
walked, so Wild Bill drew one of his nickel Navys and both men
fired, virtually at once. Tutt's aim, however, was off, probably
owing to his heart having been exploded by the .36 caliber lead
ball from Hickok's quicker volley. This was in July of 1865.
Wild Bill had stood his ground.
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Bleeding,
Tutt, the aggressor, lay dying in the dirt and with him died a
legal precept dating to the dark ages before the Magna Carta:
the primitive common law doctrine that it was necessary to
retreat "to the wall" before one could legitimately
kill or injure in self-defense.
As blackpowder
gunsmoke floated in the Springfield, Missouri square, Wild Bill
Hickok, not yet the legend he would become, was arrested and
charged with murder. Justice was swift in those halcyon days and
within a fortnight, Hickok went to trial. Of that trial was born
a hero and from the verdict grew a brave new philosophy which,
until recently, defined our American personality and reinforced
our American spirit. It is a belief that once was second nature
to Americans: that any person in danger of being slain or
injured may stand fast and kill, if necessary, in self-defense.
Hickok's charge
was reduced to manslaughter, but the liberal judge resisted a
plea of self-defense and invoked the ancient serf's "duty
to retreat" in his instructions to the jury. Hickok was not
entitled to acquittal, said the solon, sounding much like
today's judges, "unless he had tried to avoid the fight and
used reasonable means to do so." Why, he wondered, hadn't
Hickok just run away?
The cowardly
judge mis-read both Missouri law and the mood of the jury, which
rejected as craven any notion of a duty to retreat and found
Hickok not guilty. Soon, courts began citing this finding in the
growing number of cases resulting from the invasion and
exploitation of the frontier.
For our destiny
was manifest in ambition and courage. Archaic English laws held
little appeal for people who had thrown off the yoke of royal
tyranny. Then as now, it was time for a crucial change of the
American mind and frontiersmen and women had little use for the
schemes of long dead kings. With law enforcement largely
unavailable and, then as now, only applicable after the fact, we
eschewed foreign legal theories that upheld the concept of
cowardice.
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So pervasive was
the idea that honest Americans had no duty to retreat, that in
1921 Justice Oliver Wendell Holmes, arguably the greatest legal
philosopher ever to serve on the Supreme Court, ruled in Brown
v. United States that "if a man reasonably believes that he
is in immediate danger of death or bodily harm from his
assailant, he may stand his ground. If he kills him he has not
exceeded the bounds of lawful self-defense. Detached
reflection," added Justice Holmes, "cannot be demanded
in the presence of an uplifted knife."
America's
population has exploded exponentially since Holmes's decision in
Brown v. U.S. That explosive population and technology have
engendered sweeping societal and legal changes that eight
decades ago were both unimaginable and undesirable. Like our
overflowing cities, our philosophy of democratic governance has
degraded into a collapsing morass of politically driven
overlapping laws, regulations and dueling jurisdictions. There
will soon be 300 million of us, but our lives are increasingly
imperiled, our liberties are stripped away to provide false
feelings of security and our pursuit of happiness is mired in
traffic, media madness and the vacuous voyeurism of corporate
"sport".
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Like many of
today's laws and pressures of "Political Correctness",
the duty to retreat maxim is feudalistic in origin. Designed by
rulers to keep the option of homicide the province of the state,
it is a throwback to the days when the common man was forbidden
to bear arms save in the service of his master. Sound familiar?
The occasional murder of serfs and peons by each other was
expected and few offenders were ever prosecuted. One was more
likely to be hanged for poaching than for murder. The lives of
common men were considered so worthless that they weren't even
allowed to defend themselves unless they were fighting for the
state.
Unfortunately,
many still naively embrace the duty to retreat dictum, at least
until they or a loved one is mugged, molested or murdered.
Armored, as we think we are, by our techno-gadgetry, cell
phones, pepper spray and dead-bolt locks, we're easily seduced
by the facile cant and apostate supposings of pusillanimous
politicians manipulating the piece-meal repeal of the Second
Amendment. We don't need arms they say, the police or the
government or somebody, surely, will protect us.
Our current
revival of this run or die duty to retreat approach to security
seems to have begun in the 1950's with the birth of pop
psychology and our postmodern liberal urbanity. The baby boom --
a sappy euphemism for our worst population explosion so far --
brought with it a predictable increase in crime, particularly
violent crime: between the late 1950's and 1973, for instance,
the urban murder rate, growing with our population, ballooned by
250 percent. The results of our half-century of accommodation,
acquiescence and retreat are coming home to roost in the form of
appalling social behaviors, abysmally low moral and ethical
standards and now, unimaginable body counts.
Our liberal
"whatever" society has forgotten learned Justice
Holmes's pithy apothegm, and we have been euchred out of our
Constitutional inheritance, but the fact remains that the
ultimate deterrent to violent crime and terrorism is still what
it has always been; courageous and unflagging resistance. For
even after we summon the will to address the "root
causes" of terrorism and crime, the evil, the mad, and the
stupid, like the poor, will be with us always.
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Even after we
spend as much on education and mental health as we do on drugs
and pro sports, sociopaths will walk among our leaders,
pedophiles will molest our children and murderers will stalk the
innocent. Wild Bill was lucky; all he had to face was a simple
man-to-man walk-down. With our borders open and undefended and
our standard of living steeply sliding down into the Third
World, we feed this Fall on the bitter fruits of forty years of
folly.
The time has come
to demand the restoration of the Second Amendment and tell
terrorists both foreign and home-grown, not to come any closer.
The only deterrent to the evil and mindless violence of today is
an armed and resolute American citizenry whose representatives
care only for American wishes and safety and not for the
opinions of our primitive and uncivilized enemies. Fear of
hurting our enemy's feelings, short sentences in crowded prisons
at public expense and the secret, painless euthanasia of rare
executions performed years after the fact have left us this
embarrassing and dangerous legacy.
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What began as
tolerance has deteriorated into submission. What was once
considered an enlightened system of justice has degenerated into
the shameful infanticide of Waco on one hand and the shameless
vaudeville of the O.J. Simpson show on the other. Now we must
defend ourselves or surrender to the slavery of victimhood.
Whether it's terrorists on an airplane, lunatics on a subway, or
just your common, everyday thug in baggy pants with his hat on
backwards, always remember: We have no duty to retreat before
evil.
So until we
refuse to retreat, demand restoration of our Second Amendment
rights, and assume responsibility for our own behavior and
safety, we are all peones and potential victims. Since 09.11.01
it has been copiously clear that we've listened long enough to
the utopian social engineers of the liberal left and have
already retreated far too far from our American freedoms and
liberties. We must surely have learned by now that there is no
security in the counsel of cowards. The time has come to stand
our ground.
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