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The Port of Port
Orford Stands Up!
by
Gordon Francis Corbett
At their monthly meeting on 21 October 2003, the Commissioners of
the Port of Port Orford, in the State of Oregon, passed a resolution
that may spark considerable controversy.
The resolution came from the Port Orford Bill of Rights Defense
Committee. It denounces, and urges Congress to revise, the USA PATRIOT Act. It
requires that the Port Manager "shall regularly advise the Port Commission and
the public of any attempts by Federal agencies to require the port to violate"
our rights and liberties; it opposes any further legislation that would violate
them; and, it forbids using Port money or other resources to violate them.
The portion of the meeting devoted to consideration of the
resolution, comprising comments from the public and the Commissioners'
deliberations, was stormy.
Prominent Port Orfordan William Oleson advised the Commissioners and
the citizens attending that passing the resolution would offend Federal
officials responsible for approving grants-in-aid, especially grants
that pay for the dredging of Port Orford's harbor. Therefore, he
warned, passage could kill the Port economically.
Restaurateur Frank Smith echoed Mr. Oleson's remarks and told the
Commissioners that instead of telling Congress what to do, they should
concentrate on the Port's daily business.
Bill of Rights Committee members advocated passage regardless.
Committee Chairwoman Foncy Prescott stated that one hundred ninety
American jurisdictions have passed resolutions or proclamations
denouncing the USA PATRIOT Act, including Hawaii and Alaska. (In her
excitement, she left out Vermont.)
Louis Mincer asserted that our rights are more important than
Federal grants.
I, Gordon Corbett, stated that our rights are the source of all
political legitimacy, and that American soldiers who fought in our wars
did not think that our rights were for sale.
Attorney Stephen Abbott said that economic intimidation is the
orthodox weapon used by the enemies of freedom, and he offered his legal
services to the Commissioners regarding all questions of interpretation
and enforcement of the Resolution and of the USA PATRIOT Act.
Former judge David Pesonen said that the resolution's language was
innocuous, and that the Commissioners could pass it without breaking any
laws. He added that allowing Federal officials to get away with
violating the First, Fourth, Fifth, Sixth, Seventh, and Eighth
Constitutional Amendments could lead them to violate the Second. He
asserted that doing nothing about those violations might lead a
President of the United States to issue an Executive Order declaring the
private possession of firearms to be a prelude to the commission of a
terrorist act, and therefore, to be a criminal offense.
The Commissioners then began deliberating.
Commissioner Gifford Barnes said that the Commissioners' proper
business was tending to practical matters, and that passage would
violate the Commissioners' oaths of office, in which they promised to
obey the laws of the United States.
Commissioner Edward Dowdy read a long statement agreeing with Mr.
Oleson, Mr. Smith, and with Commissioner Barnes. He added that his
experience in national security matters tells him that passage of the
Committee's resolution could hinder the Federal Government's ability to
defend our country.
Port Manager Gary Anderson recommended against passage because he
believed that it would disrupt the Commissioners' cohesiveness.
Commissioner Dowdy moved to table the resolution. Commissioner
Gifford Barnes voted with him, but his motion failed, 2-3. Commissioner
Evan Kramer moved to pass the resolution. Commissioner-Chairman Welch
and Commissioner David Knapp supported this motion, and it passed, 3-2.
Two days later, Chairman Welch said that as a Commissioner, he might
never do anything more important than to vote for that resolution.
When the Commissioners' meeting ended, the number of American
jurisdictions who had passed resolutions or proclamations against the
USA PATRIOT Act stood at one hundred ninety-one. Today, it stand at
well over two hundred.
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