TEXAS SENATE DEMOCRATS JOIN THE REVOLUTION AGAINST TEXAS CONSTITUTIONAL GOVERNMENT, ESTABLISHING A GOVERNMENT IN EXILE

13 Democratic Texas Senators Who Fled to Albuquerque, New Mexico Abdicating their Legislative Offices Continue in Exile as Special Session Ends
Southern Independence Party of Texas, August 26, 2003 - On about August 2, 13 radical Democratic Senators revolted and fled the jurisdiction of Texas, escaping to New Mexico. Over three months ago 59 Texas State Representatives began the revolt and fled to Mexico, New Mexico and Oklahoma for the same disruptive purpose in contempt of the Legislature. In a conspiracy to disrupt, circumvent and/or violate Texas law and alter our form of government not only by refusing to act as Senators in the Texas Senate, but with an obvious attempt to stall and bring our State government to its knees by fleeing from the State, blocking re-districting and other crucial bills including education. These 13 State Senators not only abdicated their offices and responsibility, but are flaunting Texas law. They appear to have committed several felonies in so doing and because of their admitted purpose for their fleeing is to attempt to bribe the majority of the Senate. There are still 11 of these fugitive radical Democratic Senators avoiding the jurisdiction of Texas by remaining in New Mexico avoiding justice that likely awaits them. Moreover, they violated their oath of office and have, in effect, set up a government in exile, which is sedition.

This has created a Constitutional crisis of forcibly preventing a quorum to a called session of the Legislature. The illegal and revolutionary action of these radicals Democrats borders on sedition as defined under Texas Government Code 557.001 which would be a felony of the first degree with a 20 year prison term.

It is a conspiracy under 551.143 to violate the Texas Open Meetings law, a contempt of the Legislature under 301.027 and a brazen attempt at Legislative Bribery under 302.033 in an effort to solicit by coercion preferential treatment on legislation. These laws define felonies punishable by incarceration in prison. These radical legislators are, in fact, fugitives from justice and the State of Texas.

Texas Governor Rick Perry ordered the Texas Rangers to arrest the fugitive lawless legislators, if they are found in the jurisdiction of Texas, but the Rangers are not authorized to go to other States to make arrests without permission from such other States.

The Texas Constitution, Article III states:
Sec. 10. Quorum; adjournments from day to day; compelling attendance.
  Sec. 10. Two-thirds of each House shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and compel the attendance of absent members, in such manner and under such penalties as each House may provide. (There are 31 Senators thus a quorum requires 21 to be present. With 11 absent no quorum is possible).

The President of the Senate, Lt. Governor David Dewhurst, having been made fully aware of the failure of the fugitive Democrats to appear must now certify these facts to the Travis County District Attorney in Austin, Texas to seek indictments under ' 302.026-027 which could result in sentences of a fine and 30 days to 12 months imprisonment. Also, Under ' 302.033-034 these 53-62 fugitive legislators could be each be sentenced to 2 - 5 years in prison if convicted.

Under 301.027. Prosecution for Contempt of Legislature, the law states:
   (a) If a person is summoned by either house . . . and fails to appear . . . while the legislature is in session, the fact of the failure may be reported to either house.
   (b) If the president of the senate. . . receives a report . . . as provided by Subsection (a), the president of the senate. . . shall certify the statement of facts to the Travis County district attorney under the seal of the Senate. . .
   (c) The Travis County district attorney shall bring the matter before the grand jury for action. If the grand jury returns an indictment, the district attorney shall prosecute the indictment.

While these Democrats may have an ax to grind (politically speaking) against the Republican majority in the Senate, all things are not acceptable in love, war and politics as people sometimes claim, for the Texas Constitution guarantees the people of Texas a republican form of government, meaning a government of law, not men or politics. The ends do not justify the means which is to say that attempting to coerce and bribe the Texas Legislature into being fair according to their liking by violating Texas law to accomplish that end is not justified. Today, the Special Session ended, but these 11 Senators remain fugitives. The Speaker of the House, Tom Craddick, must also not allow the 51 or so Radical Democratic House Representatives to get away with the same crimes as are being committed now by these Senators.

The Southern Independence Party of Texas deplores these wrongful Democratic Party actions even while we sometimes differ with the controlling Republicans over various issues. We feel that the facts in the case should be exposed to the people not only in Texas, but throughout the country - that upholding the law should be above group or party interests and preclude illegal or forceful actions.

Citizens, according to the Declaration of Independence of 1776, are free to redress their government and petition for changes and even to overthrow the government should they believe it no longer serves their interests. However, the Declaration of Independence does not guarantee that the existing government will not prosecute revolt and sedition it they have the chance.

If most Texans want to abandon their guarantee of a republican form of government in favor of mobocracy (radical unbridled democracy), then they may succeed in accomplishing such a change in government, although likely with some cost economically, and some loss of freedom and perhaps blood for leaders of such a revolt.

However, the majority of Texans (62% by Scripps Howard poll) oppose these revolutionary Democrats and want to keep their republican form of government (a democratic republic). The majority has the right to extract fines and punishment for revolutionary offenders of Texas law.

In other words, we now need prosecution of these radical offenders of our State laws and Constitution. The next move is up to the President of the Senate, David Dewhurst to do his duty under Texas law and refer the matter to the Travis County District Attorney. Appeasement must not be allowed for law breakers.

What we also need in the long run are a few elected independent representatives and senators in Texas to bring a measure of State=s Rights/Confederate statesmanship into the picture and break the loggerhead between the Democrats and the Republicans.

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