The Gadsden Flag, The ACS and TC's Shower House

Floatman-  This post is in dedication of your excellent suggestion that we consider this flag for our camp.

  This post will begin with a historical education of the Gadsden Flag.  The Gadsden flag was adopted as an early symbol of true patriotism and the fight to establish and keep our free and democratic union.  Used by Americans and representative of their G_d given right and desire for life, liberty and justic!  Please note that if you hold CTRL & + the font size will increase and become more legible. (information courtesy of Chris Whitten's research and website)



Origins:  The Gadsden flag, U.S. Navy and U.S. Marine Corps

The seal from a 1778 $20 bill from Georgia. The financial backing for these bills was property seized from loyalists. The motto reads "Nemo me impune lacesset," i.e. "No one will provoke me with impunity."
By 1775, the snake symbol wasn't just being printed in newspapers. It was appearing all over the colonies: on uniform buttons, on paper money, and of course, on banners and flags.  The snake symbol morphed quite a bit during its rapid, widespread adoption. It wasn't cut up into pieces anymore. And it was usually shown as an American timber rattlesnake, not a generic serpent.  We don't know for certain where, when, or by whom the familiar coiled rattlesnake was first used with the warning "Don't Tread on Me."  We do know when it first entered the history books.  In the fall of 1775, the British were occupying Boston and the young Continental Army was holed up in Cambridge, woefully short on arms and ammunition. At the Battle of Bunker Hill, Washington's troops had been so low on gunpowder that they were ordered "not to fire until you see the whites of their eyes."
In October, a merchant ship called The Black Prince returned to Philadelphia from a voyage to England. On board were private letters to the Second Continental Congress that informed them that the British government was sending two ships to America loaded with arms and gunpowder for the British troops.
Congress decided that General Washington needed those arms more than the British. A plan was hatched to capture the cargo ships. They authorized the creation of a Continental Navy, starting with four ships. The frigate that carried the information from England, the Black Prince, was one of the four. It was purchased, converted to a man-of-war, and renamed the Alfred.
To accompany the Navy on their first mission, Congress also authorized the mustering of five companies of Marines. The Alfred and its sailors and marines went on to achieve some of the most notable victories of the American Revolution. But that's not the story we're interested in here.
What's particularly interesting for us is that some of the Marines that enlisted that month in Philadelphia were carrying drums painted yellow, emblazoned with a fierce rattlesnake, coiled and ready to strike, with thirteen rattles, and sporting the motto "Don't Tread on Me."


An American Guesser


In December 1775, "An American Guesser" anonymously wrote to the Pennsylvania Journal:

"I observed on one of the drums belonging to the marines now raising, there was painted a Rattle-Snake, with this modest motto under it, 'Don't tread on me.' As I know it is the custom to have some device on the arms of every country, I supposed this may have been intended for the arms of America."

This anonymous writer, having "nothing to do with public affairs" and "in order to divert an idle hour," speculated on why a snake might be chosen as a symbol for America.
First, it occurred to him that 

"the Rattle-Snake is found in no other quarter of the world besides America."

The rattlesnake also has sharp eyes, and 

"may therefore be esteemed an emblem of vigilance." 

Furthermore,

"She never begins an attack, nor, when once engaged, ever surrenders: She is therefore an emblem of magnanimity and true courage. ... she never wounds 'till she has generously given notice, even to her enemy, and cautioned him against the danger of treading on her."

Finally,

"I confess I was wholly at a loss what to make of the rattles, 'till I went back and counted them and found them just thirteen, exactly the number of the Colonies united in America; and I recollected too that this was the only part of the Snake which increased in numbers. ..."'Tis curious and amazing to observe how distinct and independent of each other the rattles of this animal are, and yet how firmly they are united together, so as never to be separated but by breaking them to pieces. One of those rattles singly, is incapable of producing sound, but the ringing of thirteen together, is sufficient to alarm the boldest man living."

Many scholars now agree that this "American Guesser" was Benjamin Franklin.  Franklin is also known for opposing the use of an eagle — "a bird of bad moral character" — as a national symbol.

Christopher Gadsden & Esek Hopkins

Although Benjamin Franklin helped create the American rattlesnake symbol, his name isn't generally attached to the rattlesnake flag. The yellow "don't tread on me" standard is usually called a Gadsden flag, for Colonel Christopher Gadsden, or less commonly, a Hopkins flag, for Commodore Esek Hopkins.These two individuals were mulling about Philadelphia at the same time, making important contributions to American history and the history of the rattlesnake flag.  Christopher Gadsden was an American patriot if ever there was one. He led Sons of Liberty in South Carolina starting in 1765, and was later made a colonel in the Continental Army. In 1775 he was in Philadelphia representing his home state in the Continental Congress. He was also one of three members of the Marine Committee who decided to outfit and man the Alfred and its sister ships.


Commodore Hopkins, portrait by C. Corbutt, 1776.  Gadsden and Congress chose a Rhode Island man, Esek Hopkins, as the commander-in-chief of the Navy. The flag that Hopkins used as his personal standard on the Alfred is the one we would now recognize. It's likely that John Paul Jones, as the first lieutenant on the Alfred, ran it up the gaff.  It's generally accepted that Hopkins' flag was presented to him by Christopher Gadsden, who felt it was especially important for the commodore to have a distinctive personal standard. Gadsden also presented a copy of this flag to his state legislature in Charleston. This is recorded in the South Carolina congressional journals:

"Col. Gadsden presented to the Congress an elegant standard, such as is to be used by the commander in chief of the American navy; being a yellow field, with a lively representation of a rattle-snake in the middle, in the attitude of going to strike, and these words underneath, "Don't Tread on Me!"

At this point you're probably wondering why I've posted this information...more on that later!  A few days ago, my home (as it was not addressed to me physically) received a notice from the U.S. Census Bureau that read:

Dear Resident: 

In a few days your household will receive a questionnaire in the mail for a very important national survey, the American Community Survey (ACS).  When it arrives, please fill it out and mail it back promptly.  The U.S. Census Bureau is conducting this survey and chose your address, not you personally, as part of a randomly selected sample.
The ACS collects information about various topics like education, housing, and jobs.  Information from this survey is used by federal, state, local and tribal governments to meet the needs of communities across America.  For example, community leaders use this information to decide where schools, highways, hospitals, and other services are needed.  The survey also is used to develop programs to reduce traffic congestion, provide job training, and plan for health care needs for the elderly.
If you have access to the Internet and want to learn more about the ACS, please visit the Census Bureau's Web site:  www.census.gov/acs/ 

Thank you in advance for your help. 

Sincerely, 

Robert M. Groves
Director

You're probably thinking...this can't be all that bad.  It is just a census bureau survey right?!  Wrong!  Three days later, I receive the envelope (actually a packet due to pure bulk) that contains the survey and boldly noted on the outside is "YOUR RESPONSE IS REQUIRED BY LAW"  Now wait a minute, didn't we fill out the "required by law" census form back in 2010 to meet the requirements associated with enumeration and as an obligation of our civic duty?  Enumeration in this case means to be counted for tax purposes and House of Representative delegate and electoral vote districting.  You know, so the government knows how many US Citizens are present and accounted for (because of the associated $$$ in tax revenue) and when it is time for the big election every vote is tallied correctly.  Oh, no! This questionnaire is much more invasive and nefarious than the usual "Are you a US Citizen, over 18, registered voter, etc...)
How's this mode of interrogation hit you?

Name, sex, age, date of birth, and race, citizen status, place of birth...fair enough, not too bad right?

Let's continue:

What kind of building is your residence?
When was it built?
How many acres?
Agricultural sales in the past 12 months?
Is there a business on this property?
How many rooms?
How many are bedrooms?
Do you have hot and cold water, flush toilet, bathtub, shower, sink with faucet, stove, range, refrigerator, and telephone service? (NO, I'M NOT KIDDING HERE!)
How many vehicles are associated with this residence?
What fuel is used to heat this home?
What is the monthly cost of electricity, gas, water, sewer, oil, coal, kerosene, and wood?
Did anyone receive food stamps or a benefit card?
Does the residence have a monthly condo fee and how much?
Is the residence own by you, paid off and/or hold a mortgage?
What is the monthly rent?
Does the monthly rent include meals?
How much do you think it is worth if you chose to sell it today?
What are you annual property taxes?
What is the annual payment for fire, hazard and flood insurance?
If you have a mortgage, how much is the payment?
Does the monthly mortgage payment include taxes?
Does the monthly mortgage payment include insurance payments?
Do you have a second mortgage?
How much is your second mortgage balance?


So far this is about your residence.  Not that personal, although the mortgage questions and some of the others are completely and absurdly intrusive.  Would you tell your friends any of this information?  Why? Maybe because it is none of their business!  You think?!


Let's go on (no, we're not done yet!)...

Do you attend school or college?
What grade level?
What's your highest degree of school completed?
If you have a bachelor's degree, what was your major?
What is your ancestry or ethnic origin?
Do you speak a language other than English at home?
How well do you speak English?
Have you lived in this residence more than a year?
In not, where did you live a year ago and fill in complete address?
Do you have health insurance?
Are you deaf or hard of hearing?
Are you blind or have difficulty seeing?
Because of a physical, mental or emotional condition, does this person have difficulty concentrating, remembering, or making decisions?
Because of a physical, mental or emotional condition, does this person have difficulty doing errands alone such as visiting the doctor or shopping ?
Do you have difficulty walking or climbing stairs?
Do you have difficulty dressing or bathing?
What is your marital status?
Have you been married, widowed or divorced in the past year?
How many times have you been married?
In what year did you last get married?
Have you given birth to children (thank G_d they didn't say a goat) in past 12 months?
Do you have grandchildren under the age of 18 living in your residence?
Are you responsible for caring for the basic needs of your grandchildren living with you?
How long have you been responsible for these grandchildren?
Have you served in the military?
When did you serve?
Do you have a VA service connected disability rating?
What is the rating?
Last week, did you work for pay from a job?
Did you do any pay for work last week (even if it was for an hour)?
Where did you work, list address?
Is this location within a city or town?
How did you get to work last week?
How many people rode to work together last week from this residence?
What time did you leave for work? EXACT TIME 
How many minutes did it take to get to work?
Did you get laid off from work last week?
Were you temporarily absent from your job or business last week?
Have you been given notice that you would be recalled to work in the last six months or given a date?
In the last 4 weeks, have you been actively looking for work?
In the last week, could you have started work if offered a job or returned to work if been recalled?
When did the person last work, even for a few days?
During the past 12 months, did this person work 50 or more weeks?
How many weeks did this person work, even for a few hours, including paid vacation, paid sick leave, and military service?
How many hours did you work a week on average?
Describe your chief job activity?
What kind of industry is this?
What kind of work do you do?
What are you most important duties?
In the past 12 months, list your wages, commissions, bonuses, tips from all jobs $XXX,XXX.XX
List your self employed income $XXX,XXX.XX
List your interest, dividends, non rental, estates and trusts income....
Social security and railroad retirement income...
Supplemental Security income...
Welfare and public assistance income...
Retirement, survivor, disability pension income
What was your total monthly income in the past 12 months?

If you know me well enough, you know that as far as my "residence" is concerned...we won't be answering any of these questions as they represent a blatant disregard for our constitutional rights (specifically the fourth amendment).  I've enclosed the following letter along with the blank intrusion into my private affairs and home, i.e. the "survey":

To Whom It May Concern- 

     Pursuant to Article I, Section 2, Clause 3 of the Constitution, the only information you are empowered to request is the total number of occupants at this address.   My “name, sex, age, date of birth, race, ethnicity, telephone number, relationship, mortgage balance, income and housing tenure” has absolutely nothing to do with apportioning direct taxes or determining the number of representatives in the House of Representatives. Therefore, neither Congress nor the Census Bureau have the constitutional authority to make that information request a component of the enumeration outlined in Article I, Section 2, Clause 3.  In addition, I cannot be subject to a fine for basing my conduct on the Constitution because this document trumps laws passed by Congress.

Interstate Commerce Commission v. Brimson, 154 U.S. 447, 479 (May 26, 1894) “Neither branch of the legislative department [House of Representatives or Senate], still less any merely administrative body [such as the Census Bureau], established by congress, possesses, or can be invested with, a general power of making inquiry into the private affairs of the citizen. Kilbourn v. Thompson, 103 U.S. 168, 190.  Stated in Boyd v. U.S., 116 U. S. 616, 630, 6 Sup. Ct. 524, ―and it cannot be too often repeated, ―that the principles that embody the essence of constitutional liberty and security forbid all invasions on the part of government and it’s employees of the sanctity of a man’s home and the privacies of his life.  As said by Mr. Justice Field in Re Pacific Ry. Commission, 32 Fed. 241, 250, ‘of all the rights of the citizen, few are of greater importance or more essential to his peace and happiness than the right of personal security, and that involves, not merely protection of his person from assault, but exemption of his private affairs, books, and papers from inspection and scrutiny of others.  Without the enjoyment of this right, all others would lose half their value.’” 

Note: This United States Supreme Court case has never been overturned. 

Respectfully,
A Citizen of the United States of America

Did anything stand out in the above letter?  Specifically, did you question the wording in the statement:

"In addition, I cannot be subject to a fine for basing my conduct on the Constitution because this document trumps laws passed by Congress.

Yes, the survey comes complete with a threat of fines (up to $5000) and imprisonment.  Although it is my understanding that neither have been enforced on anyone for noncompliance.  I also included the following copy of the fourth amendment for the examiner's review:

Amendment IV

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

   After performing some additional internet research, I located a training manual and a report to the General Accounting Office complete with statistical information regarding how wording effects response rate and successful survey return.  In them I found how the harassment will begin and end:

day 1- Postcard or mailer announcing the survey's impending arrival
3 days later - survey arrives
3 days later - a reminder to fill it out
30 days later - second survey copy arrives

Noncompliance:
Repeated phone calls, both automated and by live representatives
Up to a dozen field officer visits to residence
6 months out = registered as "refusal to answer"

So, it looks like we have a rough road ahead.  I will detail this adventure for your amusement at my expense and will pray that I'm one of the few that aren't chosen for further harassment (only an average of 21% are selected for a physical follow-up visit).  You might be thinking, what are my chances that I'll receive this 21 page survey and be forced into a similar situation?  Roughly 2% of the population will receive it annually (that's 6,260,000 people a year) and it occurs randomly.  Although I found it stated somewhere that no person would receive it twice within a 5 year period of time.  This certainly begs the question, "How can it be random if your residence is promised not to receive it twice?"   So the chances are moderate that either you or someone you know (that would be me) will receive it sometime between the legal census that occurs every 10 years!

I guess you can likely figure out how I'm attempting to tie two arrivals into an ironic coincidence?  The day that the Gadsden Flag arrives to my home is the same day that I receive the ACS!  Two fine examples representing the ideals that should be and the ideals that regrettably are...

Enjoy the video as it details work on the shower house (almost complete) before the journey and reassembly at camp (sometime soon).  The follow up video, or part II, will include completion of the shower and erection (yes, I typed erection!) of the flag pole that will support our American pride through display of the flag that you now know all about.  Take care and be safe out there; it is a mad world my friends!