Filed under: citizenship

State of Iowa Bill of Rights I

This law follows the right to life and liberty from government oppression, principles of the Declaration of Independence.

 

Protection of the citizens from authoritarian judges depends upon preserving the intent of the law in the matter of unalienable citizen rights.  This depends upon discontinuation of fascistic tenure guarantees that empower leftist law professors to prevent the school administrators from controlling what is taught to those who may later become judges.

 

Preamble.  WE THE PEOPLE OF THE STATE OF IOWA, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the State of Iowa, the boundaries whereof shall be as follows:

 

ARTICLE I. BILL OF RIGHTS.

Rights of persons. SECTION 1. All men and women are, by nature, free and equal, and have certain inalienable rights--among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.  Amended 1998, Amendment [45].

Political power. SECTION 2. All political power is inherent in the people.  Government is instituted for the protection, security, and benefit of the people, and they have the right, at all times, to alter or reform the same, whenever the public good may require it.

Religion. SECTION 3. The general assembly shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; nor shall any person be compelled to attend any place of worship, pay tithes, taxes, or other rates for building or repairing places of worship, or the maintenance of any minister, or ministry.

Religious test--witnesses. SECTION 4. No religious test shall be required as a qualification for any office, or public trust, and no person shall be deprived of any of his rights, privileges, or capacities, or disqualified from the performance of any of his public or private duties, or rendered incompetent to give evidence in any court of law or equity, in consequence of his opinions on the subject of religion; and any party to any judicial proceeding shall have the right to use as a witness, or take the testimony of, any other person not disqualified on account of interest, who may be cognizant of any fact material to the case; and parties to suits may be witnesses, as provided by law. Referred to in S729.1 of the Code.

Dueling. SECTION 5. Repealed 1992, Amendment [43].

Laws uniform. SECTION 6. All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms shall not equally belong to all citizens.

Liberty of speech and press. SECTION 7. Every person may speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right.  No law shall be passed to restrain or abridge the liberty of speech, or of the press.  In all prosecutions or indictments for libel, the truth may be given in evidence to the jury, and if it appears to the jury that the matter charged as libelous was true, and was published with good motives and for justifiable ends, the party shall be acquitted.

Personal security--searches and seizures. SECTION 8. The right of the people to be secure in their persons, houses, papers and effects, against unreasonable seizures and searches shall not be violated; and no warrant shall issue but on probable cause, supported by oath or affirmation, particularly describing the place to be searched, and the persons and things to be seized.

Right of trial by jury--due process of law. SECTION 9. The right of trial by jury shall remain inviolate; but the general assembly may authorize trial by a jury of a less number than twelve men in inferior courts; but no person shall be deprived of life, liberty, or property, without due process of law.  See also R.Cr.P. 2.17, 2.21(2), 2.67; R.C.P. 1.902, 1.903, 1.1108.

Rights of persons accused. SECTION 10. In all criminal prosecutions, and in cases involving the life, or liberty of an individual the accused shall have a right to a speedy and public trail by an impartial jury; to be informed of the accusation against him, to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and, to have the assistance of counsel. See S602.1601 of the Code.

When indictment necessary--grand jury.  SECTION 11. All offenses less than felony and in which the maximum permissible imprisonment does not exceed thirty days shall be tried summarily before an officer authorized by law, on information under oath, without indictment, or the intervention of a grand jury, saving to the defendant the right to appeal; and no person shall be held to answer for any higher criminal offense, unless on presentment or indictment by a grand jury, except in cases arising in the army, or navy, or in the militia, when in actual service, in time of war or public danger.

The grand jury may consist of any number of members not less than five, nor more than fifteen, as the general assembly may by law provide, or the general assembly may provide for holding persons to answer for any criminal offense without the intervention of a grand jury.  Paragraph 2 added 1884, Amendment [9]; Paragraph 1 amended 1998, Amendment [46]; As to indictment and the number of grand jurors, see R.Cr.P.2.3, 2.4; Magistrate jurisdiction, see S602.6405 of the Code.

 

Iowa_capitol

Capitol Building of the State of Iowa

Des Moines, Iowa

 

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Responsible Citizen Self-rule and Liberty

By placing their faith in the principles advanced by creation's God for education, Americans achieved liberty from brutal rulers and the history of big government.

 

Benjamin Franklin, a delegate from Pennsylvania to the second Continental Congress and signer of the Constitution of the United States, wrote this in his Articles of Belief:  "I believe there is one supreme, most perfect Being…  Also when I stretch my imagination through and beyond our system of planets, beyond the visible fixed stars themselves, into that space that is [in] every way infinite, and conceive it filled with suns like ours, each with a chorus of worlds forever moving around him…  That I may be preserved from atheism . . . Help me, O Father!... For all thy innumerable benefits; for life, and reason… my good God, I thank thee!"*

John Quincy Adams, America's sixth president:  "The law given from Sinai was civil and municipal as well as a moral and religious code; it contained many statutes… of universal application--laws essential to the existence of men in society [of the United States], and most of which have been enacted by every nation which ever professed any code of laws."**

To justify taxpayer-funded education, instruction must detail the civil and moral absolutes found in the Ten Commandments but rightly avoid controversy of religious codes that are the domain of church denominations.  The depth of spiritual conviction of these absolutes is spelled out in the Creator-based Declaration of Independence, religious liberty (First Amendment), and the Bill of [human] Rights law.  Citizen equality as sovereigns under God over government is demonstrated when randomly chosen citizens serve as the supreme court for judgment of guilt or innocence in criminal trials conducted by government officials.  The above values are the design, and the Constitution is the tool to implement that design.

 

The preamble to the Constitution, "We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare [meaning common needs that do not conflict with or hamper the development of the work ethic and personal self-reliance], and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America."

 

"Our investigation indicates that the main reason for youthful rebellion and the attitude of carelessness in student morals is their loss of confidence in the wisdom embedded in their heritage.  Failure to dearly implant these truths detaches future generations from past experience, the very basis of education" (Grand Jury Presentment, 1968-69, Problems in Higher Education, the Eleventh Judicial of Iowa).

 

First-amendment-rated-e-for-everyone-225x300

*http://www.revolutionary-war-and-beyond.com/ben-franklin-quotes-1.html

**http://quotes.practicalmanliness.com/john-quincy-adams/138/

 

 

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The Sovereignty of the American Citizen

Those among us who choose to exchange declining relationships and health for the temporary excitements of moral revisionism is one thing.  Exercising that diversity in private is their right.  Those demanding the right, however, to take over behavioral curriculum in taxpayer-funded public schools is another.  The war they have imposed, by pressuring liberals in government, must be confronted and won.  America is a Republic!  The "living Constitution" idea of changeable decrees imposed by liberal judges (1947 Everson v. Board of Education decision) always becomes despotism because power in the hands of man, over time, becomes corrupt.

 

"Our fathers have earned and bought it for us, at the expense of their ease, their estates, their pleasure, and their blood.  And liberty cannot be preserved without a general knowledge among the people, who have a right, from the frame of their nature, to knowledge, as their great Creator, who does nothing in vain, has given them understandings, and a desire to know; but besides this, they have a right, an indisputable, unalienable, indefeasible, divine right to that most dreaded and envied kind of knowledge, I mean, of the characters and conduct of their rulers.  Rulers are no more than attorneys, agents, and trustees for the people; and if the cause, the interest and trust, is insidiously betrayed, or wantonly trifled away, the people have a right to revoke the authority. And the preservation of the means of knowledge among the lowest ranks, is of more importance to the public than all the property of all the rich men in the country" (John Adams, Vice-President under George Washington, and second president of the United States, A Dissertation on the Canon and Feudal Law, 1766 from The Works of John Adams, …by his grandson, Charles F. Adams, Boston: Little, Brown and Co., 10 volumes).

 

The sovereignty of man under the impartial and higher authority of creation's God over government is traceable from the Bible to the Magna Carta, 1215, signed at the point of a sword by a frightened king.  It is likewise traceable to the English Bill of Rights, 1689, signed by a would-be brutal king.  We then have the God-honoring American Declaration of Independence, 1776, the War of Independence, and then the Constitution highlighted by the First Amendment and the Bill of [human] Rights which details what servants in government must never be allowed to violate.

 

The Common Law jury system, resting final authority in the people, came alive in America on March 4, 1789, the date Congress set for the start of the new ConstitutionThis is the most important feature of the American Constitution.  George Washington became our first president under the Constitution on April 30, 1789.

 

Revelations of the American Judeo-Christian heritage are singularly qualified to foster personal responsibility, citizen self-government and prosperity.  People do not steal the fruits of other men's labor.  The community helps those few who are not able to work or are indigent for other reasons.  Reputations for honesty do not rest in the words of evil gossips.  Taxpayer-funded educators support the character of the traditional family.

 

God does not control men; He protects those who will listen.  By applying God-honoring interpretations of Scripture and being sensitive to His Spirit, man becomes self-controlled (Hebrews 13:18-20).  "Trust in the Lord with all thine heart; and lean not unto thine own understanding.  In all thy ways acknowledge Him, and He shall direct thy paths" (Proverbs 3:5-6). 

 

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Part Ten: Grand Jury Presentment of "Problems in Higher Education"

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

End of Presentment II

 

"The 1940 Statement of Principles on Academic Freedom and Tenure by the American Association of University Professors has no legal effect, but the AAUP publicly censures colleges and universities that they believe have violated [their version of] academic freedom.  However, nearly all [not all] of the colleges and universities have adopted this statement or a variation of the statement which is contained in the faculty policy manual of each college or university, and it is incorporated by reference in the employment contract between the university and each individual faculty member."*

 

The penetrating damage imposed because of tenure laws sheltering radical professors and teachers in the soft sciences must be [reversed].  The authority of taxpayer/parents to control what is taught in government institutions must be restored.  By routing education revenues directly to the parents or guardians, sanity will be restored to education.  The many thousands of honest and morally upright teachers will again have the unimpeded support of the citizen consensus.  Not only will what is taught be cleaned up, but also competition between education suppliers will reduce the cost [and increase the quality] of public education.

 

The voice in the chorus of concerned citizens is imperative.  What confronts the American family and voter electorate is a test of wills.  School administrators must be able to fire leftist teachers [without spending] years and… tens of thousands of taxpayers' dollars defending education from the [resulting] lawsuits imposed by ACLU lawyers and the imperial arm of radical judges.  To effect change, active citizen involvement in the political process must exceed the determination of those who are using political circumvention to destroy the family and liberty.

 

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*Dr. Ronald B. Standler, "Academic Freedom in the USA," http://www.rbs2.com/afree.htm

 

 

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Part Nine: Grand Jury Presentment of "Problems in Higher Education"

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

End of Presentment I

 

The purpose of universities was freedom for competition of ideas in search of truth.  What has happened is the advocates of atheistic-secular totalitarianism applied their art and removed competition from the soft sciences.  When citizen control of universities, college, and now virtually all lower-level public schools was hijacked by faculty independence (teachers union mechanization and teacher tenure guarantees), tyranny was bound to follow.  What we now have is tyranny against the moral fiber of our youth and nation.  This is the inevitable result of [imposing] "German graduate methods [faculty independence] onto American campuses in the late nineteenth century… academic freedom became a cause celebrate."

 

At the time of the Grand Jury study, we did not realize the linkage between the American Association of University Professors (AAUP) and what appears to be their prosecution arm, the leftist American Civil Liberties Union (ACLU). The book Freedom in Iowa, published by the Iowa State University Press, promoted the Iowa Civil Liberties Union, bringing this connection to my attention.

 

Teacher employee contracts, structured according to ACLU definitions for academic freedom and tenure, shift the decision-making authority for removing radical teachers away from the president of the university, who is hired by the public to superintend the institution.  It is now the aggressive tenured faculty, not the president, who have control over who teaches and what is taught.  Instead of being an administrator, the university president works full-time quieting campus disputes, promoting campus expansion, and raising money by lobbying alumni and legislators.  Sensing this kind of environment, the US Supreme Court held in a dispute that professors at Yeshiva University in New York City were managerial [administrators], not employees within the meaning of the National Labor Relations Act, and hence the university administrators were not required to bargain with the union that represented the professors.  The Court noted: "Budget requests prepared by the senior professor in each subject area receive the 'perfunctory' approval of the Dean '99 percent' of the time and have never been rejected by the central administration.  The faculty… effectively determine curriculum, grading systems… matriculation standards" (NLRB v. Yeshiva University, 582 F.2d 686, 1978, affd 444 US 672, 1980).

 

The ACLU/AAUP version of academic freedom and tenure that enables radicals to reject the public standards for what is taught and not taught is not a legal concept.  Without the control of the citizens who established the schools and pay the bills, what is taught is wholly dependent upon the internal culture of the faculty at the universities and the government grade schools.  This problem is systemic.

 

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Part Seven: Grand Jury Presentment of "Problems in Higher Education"

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

Where to Go for the Solution

 

The frustrating inability of the public to correct the distortion of academic freedom is due, in the Grand Jury's view, to the failure of the people to see the continuation of the atrocious abuses by radicals as the breakdown in the responsibility-authority-control principle that it really is.  Any organization, educational or otherwise, is an attempt at cooperation.  Cooperation is not possible unless responsibility and authority go hand-in-hand.

 

The parents and taxpayers delegated a portion of their responsibility and authority, through an administrative chain-of-command, for the selection of educators who want to teach and [who] agree with public policy.

 

The system of organization varies in the several states, but in Iowa the Board of Regents [chosen by the Governor] is responsible to the public for education at the state universities.  It is…. the Board of Regents who must lay down corrective policy on behalf of the people.  If the problem is not corrected… the public must impose changes as necessary.

 

The taxpayers, having the final responsibility for the universities, quite properly should have the authority to change the Board of Regents' membership or take other measures if they find themselves in disagreement with Board policy.  If the established procedures for governing at this level leave the Regents insensitive to public interest, then it is time to update governing procedures.

 

The citizen public, having given the Board of Regents [in this case] the responsibility to implement public policy, must also leave them the authority to go to the university president, who has the executive responsibility of the university.  The university president, vested with the responsibility by the Board of Regents, has the authority to [replace] his aides if he believes they are not carrying out his ideas [in the public interest].

 

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Part Two: Grand Jury Presentment of "Problems in Higher Education"

 

Portions of the Presentment of the Grand Jury for the Eleventh Judicial District of Iowa follow, with words added for clarification in brackets.  Supplemental ideas are italicized.

 

The American Ideal Reflected in 

the Constitutions of the States

 

Control over the use of government power has always been a test of wills.  The Judeo-Christian approach to government was vehemently opposed by atheists during the writing of the Iowa Constitution.  The following quotations are from the Constitution of the State of Iowa, which is similar to many other state constitutions.

 

1. Preamble:  "We, the People of the State of Iowa, grateful to the Supreme Being for the blessings hitherto enjoyed, and feeling our dependence on Him for a continuation of those blessings, do ordain and establish a free and independent government, by the name of the STATE OF IOWA."

 

2.  Article I, Section 2:  "Government is instituted [by the people] for the protection, security and benefit of the people."

 

3.  Article I, Section 1:  "All men are, by nature, free and equal, and have certain inalienable rights--among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness."

 

4.  Article I, Section 2:  "All political power is inherent in the people."

 

5.  Article I, Section 2:  "They [the people] have the right at all times, to alter or reform the government, whenever the public good may require it."

 

6.  Provision for unrestricted exchange of ideas for education and government policy, no matter how radical, is provided through frequent elections:  candidates for office must go before the public and be chosen by mature citizens at the ballot box.

 

7.  Article IX, Section 3:  "The General Assembly shall encourage by all suitable means the intellectual, scientific, moral and agricultural improvement."

 

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Original Purpose Destroyed by Union Control

 

It was my privilege to chair a Grand Jury for the Eleventh Judicial District of Iowa that investigated activities at Iowa State University and made several recommendations for changes in higher education. 

 

The Grand Jury members all contributed to the report.  There was a considerable amount of material to review.  A few campus administrators and members of the faculty met with us to give their perspective.  Following each meeting, I wrote a brief of what seemed relevant and presented it to the jury members at the next meeting.  The members approved most all of my draft, which later became the Presentment, unanimously approved by the jury.

 

The original purpose of universities was freedom of competition of ideas in search of truth.  What has happened is the advocates of atheistic-secular totalitarianism applied their art and removed competition from the soft sciences.  When citizen control of universities, college, and now virtually all lower-level public schools was hijacked by faculty independence (teachers union mechanization and teacher tenure guarantees), tyranny was bound to follow.

 

At the time of the Grand Jury study, we did not realize the linkage between the American Association of University Professors (AAUP) and what appears to be their prosecution arm, the leftist American Civil Liberties Union (ACLU).  The ACLU/AAUP version of academic freedom and tenure that enables radicals to reject the public standards for what is taught and not taught is not a legal concept.  Without the control of the citizens who established the schools and pay the bills, what is taught is wholly dependent upon the internal culture of the faculty at the universities and the government grade schools.  This problem is systemic.

 

Rev. Charles Finney is quoted as saying, "The time has come that Christians must vote for honest men and take consistent ground in politics…  Politics are a part of religion in a country such as this and Christians must do their duty to their country as a part of their duty to God…  God will bless or curse this nation according to the course Christians take in politics."*

 

Arrangements were made for a local print shop to reproduce and handle requests for copies of the Presentment.  Later, I received a call from them informing me that the university had purchased the remaining copies, so I instructed them to print five hundred more.  Portions of the Presentment will follow in the next blog post.

 

Grand_jury_report

*http://www.trumpetofheritage.org/

 

 

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Every Citizen Has Power to Advance Liberty in November

Support legislative candidates who recognize the benefit of routing taxpayer revenues for education directly to parents or other guardians.  They may then choose homeschool, private school or a charter school that reflects their values.  Texas legislators are now even backing "charter colleges."  They could be "core curriculum charters" that would offer "great books seminars," including courses on Bible, Renaissance, Reformation and, of course, American values resident in the Declaration of Independence.  Charter colleges would receive per-student funding as charter K-12 do now.*

 

Elect people to serve on school boards who will insist that the unique and specific American principles for government be taught.  In 1877, the United States government printing office published The Organic Laws of the United States of America.  Ben Poole, who was then clerk of printing records, compiled the documentation under an order by the U.S. Senate.  The Organic Laws of the United States of America lists the Declaration of Independence, Articles of Confederation, Northwest Ordinance and the Constitution on the United States.  Share this study with your school board.

 

Support candidates at federal and state levels who agree to work for the appointment of judges who respect the original meaning of the Constitution.  "Judge Robert H. Bork describes the enormous damage that activist judges have inflicted on America in his book, Coercing Virtue: The Worldwide Rule of Judges.  The courts are often dominated by faux intellectuals of the Left who, unable to persuade the people or the legislators, 'avoid the verdict of the ballot box' by engaging in 'politics masquerading as law.'  We are 'increasingly governed not by law or elected representatives, but by unelected, unrepresentative, unaccountable committees of lawyers applying no law other than their own will.'"**

 

Work for and elect senators and representatives to the U.S. Congress who will reassert their duty to represent the people and restore the Constitutional provisions for restricting the role of federal judges.  The Constitution is a rule of law document, not a rule by unelected judges.  In terms of how authority manifests itself over time, the two contrasts represent the distinction between representative government of, by and for the people and the tyranny of authoritarianism.  In terms of philosophy, the two represent the distinction between the Creator-based Declaration of Independence and the evils of old European secular philosophy.  When the traditional American sovereignty of man under God over government was adopted on July 4, 1776, it reversed the historical inevitability of authoritarian carnage.

 

"Now more than ever before, the people are responsible for the character of their Congress.  If that body be ignorant, reckless and corrupt, it is because the people tolerate ignorance, recklessness and corruption.  If it be intelligent, brave and pure, it is because the people demand these high qualities to represent them in the national legislature… If the next centennial does not find us a great nation… it will be because those who represent the enterprise, the culture, and the morality of the nation do not aid in controlling the political forces."***

 

 

Timthumb

*Quotes from Marvin Olasky, "Academic Perestroika," World, December 5, 2009, www.worldmag.com/marvinolasky?ndxpage=3.

**Phyllis Schlafly, The Supremacists:  The Tyranny of Judges and How to Stop It (Dallas: Spence Publishing Company, 2004), 14.

***James Garfield, the twentieth president of the United States, 1877 (http://www.propertyrightsresearch.org/presidential_quotes.htm).>

 

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Outcome-Based Education That Is Profoundly American

Abigail Adams, wife of John Adams, the second president of the United States, wrote to her young son, John Quincy, who would later become our sixth president:  "Great learning and superior abilities, should you ever possess them, will be of little value and small estimation, unless virtue, honor, truth, and integrity are added to them.  Adhere to those religious sentiments and principles that were early installed into your mind and remember that you are accountable to your Maker for all your words and actions.  Let me enjoin it upon you to attend constantly and steadfastly to the precepts and instructions of your father, as you value the happiness of your mother and your own welfare. His care and attention to you render many things unnecessary for me to write which I might otherwise do, but the inadvertency and heedlessness of youth, requires line upon line and precept upon precept, and when enforced by the joint efforts of both parents will, I hope, have a due influence upon your conduct; for dear as you are to me, I would much rather you should have found your grave in the ocean you have crossed, or that an untimely death crop you in your infant years, than see you an immoral, profligate, or graceless child.*

 

Children are not the property of the government or the state.  The authority and responsibility for what children are taught rests with parents.

 

A Well-Educated Student:

Speaks and writes accurately.

Listens attentively.

Is a reader.

Is honest at all times.

Is a person of prayer.

Has God-honoring goals.

Upholds the traditional family.

Is sensitive to the Word and to the will of God.

Is sensitive to the needs of others.

Handles success and defeat with grace.

Has convictions and stands for them.

Fulfills citizen duties to family, church and country.

Is polite in his dealings with others.

Uses resources responsibly.

Recognizes the existence of absolute truth which never changes and, applied, 

     serves as a very sure means for personal development and success.

Uses gentle yet persuasive words, not physical force, to communicate his position.

 

Woodrow Wilson, in his election campaign for President, stated "A nation which does not remember what it was yesterday, does not know what it is today, nor what it is trying to do.  We are trying to do a futile thing if we do not know where we came from or what we have been about…  America was born a Christian nation.  America was born to exemplify that devotion to the tenets of righteousness which are derived from the revelations of Holy Scripture."**

 


Abigail_adams

Abigail Adams

1744-1818

 

 

 

*Abigail Adams, Letter to John Quincy Adams, June 10, 1778, Butterfield Adams Family Correspondence, 3:37, http://books.google.com/books?id=59dQoRNSwxMC&pg=PA48&lpg=PA48&dq...&q=butterfield%20adams%20family%20correspondence%20his%20care%20and%20attention%20to%20you%20render&f=false

**http://www.clarionledger.com/article/20120802/NEWS03/120802024/Chris-McDaniel...

 

Image from http://everythingtoshare.com/abigail-adams-lost-letter-discovered/


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