DECISION OF U. S. SUPREME COURT FURTHER ANALYZED

In further consideration of the meaning and significance of this

important decision of the U. S. Supreme Court it may be now explained

that the law of Massachusetts here considered was a Statute passed by

the Legislature requiring the vaccination of all persons, child or

adult, under penalty of fine of $5 for refusing vaccination. This law

made an exception for children or minors in delicate health or such

physical condition as would be injured by vaccination, but made no such

exception for adults like the defendant Jacobson.

The Supreme Court of the State of Massachusetts in its decision, from

which this appeal was taken, had already decided, as I have shown,

that the State could not enforce actual compulsory vaccination upon any

person, but could only enforce the fine of $5 if vaccination was not

voluntarily adopted.

The U. S. Supreme Court concluded its decision in these words:

“We now decide only that the statute covers the present case,

and that nothing clearly appears that would justify this Court

in holding it to be unconstitutional and inoperative in its

application to the plaintiff in error.”

From this conclusion Justices Brewer and Peckham dissented, thus

evidently holding that the law of Massachusetts, which inflicts a

fine of $5 for refusing vaccination, was unconstitutional, whereas

the majority of the Court seem to hold that this State law, which can

enforce the fine but cannot compel the vaccination, was legal and

constitutional, but that nevertheless this fine could not be enforced

against any persons who could show that vaccination was dangerous to

their health and life, and that the Courts would interfere to prevent

its enforcement in all such cases and thus protect the constitutional

rights of the individual within that “sphere” of preëminent individual

right as already quoted.

Now it seems that the defendant Jacobson did not properly plead that

vaccination was dangerous to health and life, in his own case, or offer

to prove this, in his own case, and hence the decision was technically

given against him, but really, in principle, for him; which decision,

as we have shown, was rendered by a divided Court with two judges

dissenting who evidently held that compulsory vaccination by fine, as

called for in the law of Massachusetts, was unconstitutional.

We therefore believe that this decision, when properly applied, will

invalidate all forms of coercive vaccination, whether by inflicted

fine, or by denial of some civic right, such as public education,

whenever the prosecuted case is properly tried on the correct legal

pleas and issues and carried up through our highest Courts on the

principles laid down in this great decision and outlined in this

analysis.

UNALIENABLE RIGHTS OF THE INDIVIDUAL _VERSUS_ RIGHTS OF MAJORITIES.

FALSE IDEA OF THE SUPREMACY OF MAJORITIES SCORED

We often hear it stated that this is a government essentially of

majorities and that any majority can legally and properly force its

opinion or will upon any minority, no matter how objectionable to the

minority this law or will of the majority might be; and that it is the

clear right of the majority thus to oppress itself upon the minority

and the loyal duty of the minority to yield to this oppression, however

odious.

This rank idea of the supremacy of majorities is, I believe, a great

legal and moral and cowardly mistake and a gross misconception of

our Democratic American Government, because it entirely loses sight

of the great basic principle of _inherent_ and _unalienable human

rights_ which seems to have been first, or best, expressed in our

immortal Declaration of Rights. Therefore, under this basic principle

of “unalienable” right, no majorities, however powerful, can legally

or morally invade or set aside any of the “unalienable” or inseparable

rights of the People, as this is obviously the clear significance and

meaning of the terms “unalienable rights,” as I have already shown.

Hence this fundamental American principle of “unalienable rights” calls

in trumpet tones from the lines of the Declaration and Constitution and

gives this warning to all majorities, however powerful: “Thus far shalt

thou go but no farther, and here must thy power be stayed”--that is,

stayed at the approach to every sacred inherent and unalienable right

of the individual necessary to the life, liberty, health and happiness

of the individual.

We have often heard the phrase quoted, “This is a government of laws

and not of men,” which is only another way of stating what I am here

contending for, viz., that this Government of Americanism is not based

essentially on mere numbers or majorities of “men,” but chiefly on

naturally or divinely ordained _principles_ or “laws” of eternal human

right and justice, and, more particularly and essentially, on the great

basic American law or principle of “Unalienable Rights” of the People,

which is the great American “Sanctuary” of Liberty and Right that no

majority or minority can invade or profane.

Majorities can, of course, properly prevail over minorities in

all matters that are purely selective or elective or which can be

determined only by preponderating vote, but cannot prevail over any

defined or established inherent, unalienable or constitutional right of

the individual, and it has often been well said that Constitutions are

made especially to protect minorities, and not majorities, who already

have the preponderant political and legislative power in their hands

and do not need such protection.

MEDICAL FREEDOM AND ALIMENTARY FREEDOM ARE EQUALLY UNALIENABLE RIGHTS

OF THE PEOPLE AND NECESSARY FOR HUMAN LIFE, LIBERTY AND HAPPINESS

We have already seen how compulsory medicine is a gross violation of

the American principle of Unalienable Rights and need say nothing

further on that point here; but, as the exposure and condemnation of

one evil may show us the way to suppress another and similar evil,

so it may be excusable for us to digress here for a moment from our

main subject and call attention to the fact that the same moral, legal

and logical principles against Compulsory Medicine apply equally

to that latest dangerous invasion of the unalienable rights of the

people involved in the extraordinary scheme of National Prohibition or

Compulsory Abstinence in certain foods and drinks recently forced upon

the people by what is alleged to be a majority of the voters of this

country. Now, I do not believe that any majority of our voters have

ever approved either compulsory medicine or compulsory abstinence, but,

on the contrary, that these errors have been forced upon the people by

audacious, well organized and arrogant minorities who have temporarily

gotten control of political and legislative power and have deceived the

public mind with the alleged necessity, utility and righteousness of

these oppressive errors. But even if it can be shown that a majority

of our voters approve either of these errors, such alleged majorities

would be morally and legally unjustified in overriding any inherent

right of the people under our basic American doctrine and law of

Unalienable Rights.

I intend to treat, in a separate article, this important subject of

Alimentary Freedom, in certain fermented foods and drinks, as an

unalienable right of the people, established by world-wide and age-long

usage and by the highest civic, moral, legal and religious sanctions,

and need give no further attention to that special subject here.[3]

MEDICAL DESPOTISM WORSE THAN RELIGIOUS DESPOTISM. THE OLD RELIGIOUS

HERESY, “LET US SIN THAT GRACE MAY ABOUND,” COMPARED WITH THE MODERN

VACCINATION FANATICISM, “LET US FORCE AND SPREAD DISEASE UPON THE

PEOPLE SO THAT HEALTH MAY ABOUND!”

In the past centuries, before our great American Institutions of

Civil and Religious Liberty were established, it was the Doctors of

Divinity who were wholly responsible for inventing and maintaining that

great evil of Compulsory Religion, where one type of religion or one

conception of Deity was forced on the whole population under penalty of

torture, disfigurement, mutilation, or death; and these misguided men

seem to have actually had the absurd and diabolical idea--incredible to

us to-day--that by this mutilation and murder they could increase the

sum total of morality in the whole community!

In a similar way, our modern doctors of medicine and our medical

societies are wholly responsible for inventing and enforcing the

horrible medical scheme of compulsory disease, and with a similar logic

that, by thus forcing these vaccine operations and diseases on the

whole population, they can greatly increase the sum total of health in

the whole community!

This dogma of compulsory disease is, of course, just as false and evil

as the dogma of compulsory religion; but, of the two evils, compulsory

disease is far more dangerous to human right and safety, health and

life, and it would probably not be difficult to prove that where

one person was mutilated or murdered by compulsory religion in the

barbarous past, ten are now injured or killed by the modern medical

barbarism of compulsory disease.

There was an old sect of heretics about the time of the Reformation

which seemed to have a poor idea of the value of personal virtue and

good works in salvation as compared with mere dogma, “grace,” and

“faith,” and whose motto seemed to be: “The more sin, the more grace,”

or “Let us sin that grace may abound.” Now, this seems to be very

similar to the doctrine of the coercive vaccinators of to-day, which

appears to be simply and literally this: “The more disease we inflict,

the more health we create,” or “Let us inflict and spread disease

widely upon the people so that health may correspondingly abound.”

A striking example of the evil effects of this dangerous vaccine

doctrine in recent times is found in the case of Japan, whose awful

record in vaccination and smallpox and in epidemic disease transmitted

by vaccine virus is exposed in the next paragraphs.

AWFUL RECORD OF JAPAN IN VACCINATION AND SMALLPOX AND IN EPIDEMIC

DISEASE CAUSED BY VACCINE VIRUS, AS GIVEN IN U. S. GOVERNMENT REPORTS

Japan has been perhaps the most extensively vaccinated country in

recent times, with most rigid compulsory laws, copied from Germany,

which require re-vaccination at different periods of infant and adult

life. Now vaccination, as I have already shown, is simply one of

the varied forms of smallpox, being an artificially propagated or

cultivated form of the disease involving human smallpox and cowpox

combined, and is often more dangerous and deadly than the natural

disease. This being the fact, what therefore should we expect to

result from the dangerous practice of impregnating the blood of a

whole population with repeated inoculations of the virus of human

smallpox and cow disease? Should we logically expect anything else but

that epidemics of smallpox and cow disease should break out in due

time in such a generally vaccinated and infected population, and that

vaccine or cow disease should be extended to other populations wherever

the virus made from human and cow diseases should be carried and used?

This logical expectation is what seems to have actually happened in the

case of much-vaccinated Japan, and instead of being made immune from

smallpox epidemics by general vaccination and re-vaccination--which is

one of the positive claims made by vaccinators--Japan, on the contrary,

seems to have suffered from the worst epidemics of smallpox known in

modern times, not only worse than in poorly vaccinated countries like

England and the United States, but worse than experienced in old times

before the days of vaccination!

This conclusion seems to be fully proved from the U. S. Public Health

Reports for September 2, 1910, which give this frightful record of

smallpox epidemics in Japan for several years past. The population of

Japan at that time, 1910, was about 48 millions, and the high waves

in the epidemics in the preceding ten years were as follows: In 1898

there were 149,012 smallpox cases with 40,971 deaths, mortality 27½ per

cent.; in 1905 there were 10,704 cases with 3,388 deaths, mortality

31½ per cent., and in 1908 there were 18,075 cases with 5,835 deaths,

mortality 32½ per cent.

These figures, considering the vaccinal conditions existing in Japan,

under most rigid compulsory laws, are surely terribly significant, to

say the least, and fully shatter the fallacious vaccine doctrine that

vaccination is the only effective remedy against smallpox and that

it always lowers the mortality in epidemics! Per contra, here we see

from these official U. S. Health Reports that in this much-vaccinated

population there was not only a series of severe epidemics with a very

high mortality, but a constantly ascending mortality from 27½ per cent.

in 1898 to 31½ per cent. in 1905 and 32½ per cent. in 1908! Whereas

the usual mortality given by good authorities in old times before

the days of vaccination was only 15 to 20 per cent.! See “History of

Smallpox” by Dr. James Moore, Jenner’s chief assistant, London, 1815,

page 243.

Now I believe that there is no country in modern times, whether

vaccinated or unvaccinated, which has shown worse epidemics of smallpox

than much-vaccinated Japan, as above shown from official data, whereas

the epidemics within the same period in the poorly vaccinated countries

of England and the United States have been small in comparison.

Surely, therefore, our “Yankees of the Orient” seem to have copied

some of our antique medical barbarisms even more fully than they have

copied our real modern improvements. And, surely, poorly vaccinated

England is much better off with less vaccination and more sanitation

when its Minister of Health, Hon. John Burns, can publicly declare in

Parliament on April 12, 1911, that, “Just in proportion as, in recent

years, exemptions from vaccination have gone up from 4 per cent. to 30

per cent., so deaths from smallpox have declined.” This also is the

experience of Leicester, the sanitary English city, unvaccinated for

the past 30 years, as previously shown at page 22; and such, I believe,

will be the result wherever that irrational system of inflicting

disease to produce health is abandoned and the rational system of

sanitation and hygiene is adopted in its place.

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