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Sparks Fly At
McDowell County Commissioner's Meeting over Sovereignty Ordinance
The
Asheville Tribune, McDowell Edition
McDowell, North Caroline - 12/10/01 - The
McDowell County Commission regular meeting Monday, December 10th was
packed with business and one major surprise. Leonard Hensley of Old Fort
addressed the Commissioners during the public comment segment of the
meeting. Mr. Hensley said, "I'd like to thank God and the First
Amendment for the opportunity to speak. This is entirely my own
perception of a serious and continuing situation." He went on to
say, "I am very flattered
that you have considered myself and a few other citizens as such
powerful and worthy opponents that you had to create a new
agenda-restricting ordinance to give you veto power to eliminate public
concerns from public discussion at your own discretion and PUBLICLY
state that you "don't intend to allow Mr. Hensley to speak."
Hensley is referring to Commissioner Thompson's statement in November
that he did not intend to allow Mr. Hensley to be placed on the agenda
to speak on the Citizen's Sovereignty Ordinance he had introduced in
July. Hensley said, "I informally presented you with a proposed
ordinance for study, to protect McDowell Citizens against the loss of
their dignity, human rights, constitutional rights, and God-Given
inalienable rights as American and McDowell citizens, hoping that you
would read and understand it even slightly for future discussion. It
didn't happen."
He went on to say, "In August, I was on the agenda and formally
presented the proposed ordinance. Little did I know that a phone call
and letter had gone from Mr. Abernathy to Chapel Hill requesting a
written statement with which to stab myself, and McDowell Citizens, in
the back during the previous month. While reading the presentation I was
constantly hearing a whispered voice to the left and to the right of the
table with 'What does that mean?", and "What did he say?"
Plain English is just that. Any elementary student could follow it if
they paid attention. I was invited publicly and sarcastically, at that
same meeting, by Mr. Thompson to return 'when it was constitutional and
we'll take a look at it.' The document has never been unconstitutional
except in the sense that it is not attached to the original written
Constitution. The US Constitution DOES support it FULLY as the North
Carolina State Constitution also does in Article 1, Sections 1, 2, 3, 4,
5, 7, 12, 14, 19, 32, 35, and 36."
Mr. Hensley is referring to the opinion given by Fleming Bell of the
Institute of Government that the ordinance is unconstitutional that was
solicited by Charles Abernathy in a letter sent to Bell. In his letter
Abernathy told Bell that, "The stated purpose of the ordinance is
to restrict the authority of the United Nations, the Federal Government
and State of North Carolina in relationship to the County of McDowell.
The question is actually quite simple and centers on the authority of
local government in relationship to the State and Federal
Government." Did Abernathy ask for a review or did he state a
position and ask for a verification?
Since that time several opinions have been presented that challenge
Bell's interpretation.
Following Mr. Hensley's statement Monday Abernathy admitted he has
received opinions from other sources. Mr. Hensley said, "The letter
from Chapel Hill has been torn apart by other, more intelligent,
persons."
Mr. Hensley said, "I was lied to by Mr. Abernathy when he told me
that all he needed to put me on the October agenda was a written request
that I sent immediately by mail. It became a lie when I wasn't on the
October agenda at all, and never had been. The media was informed that I
hadn't supplied the written request or materials for the subject of
concern. That was also wrong." Due the death of Mr. Hensley's
brother in the early morning of the meeting day he requested a
postponement. According to Mr. Hensley he was led to believe that he was
still on the agenda and there would be no problem postponing until
November. He was also not on the November agenda.
Mr. Hensley said, "I have sat through meeting after meeting and
witnessed a prayer to open the meeting and a Pledge of Allegiance just
for show. I have also witnessed the teachings of Christ, the
Constitution, and Old Glory stomped all over by this body of
self-serving servants when deliberating the future of McDowell citizens
and McDowell County. There is only one exceptional person at that table
that fights for the right thing to do in any given situation, honesty
and integrity, and the McDowell citizens, without regard to self or
position. You figure out who! It's very obvious. The whole county
knows."
He went onto say, "I won't bring the Proposed Sovereignty Ordinance
before this particular panel again. It would be useless..I'll just wait
until you self-serving servants are voted out of office when the people
of McDowell County exercise their 10th and 15th Amendment rights at the
next election and their inalienable rights delineated by the second
paragraph of the Charter of Sovereign American Citizens, the Declaration
of Independence." Mr. Hensley reminded the Board that, "Edmund
Burke said, 'The only thing necessary for evil to triumph is for good
men to do nothing.' I do not intend to do nothing and I seriously doubt
that the Citizens of McDowell will allow nothing to happen at the next
election!"
Following Mr. Hensley's comments Commissioner Thompson said "It's
either your way or nobody's way or the highway. But, I'm going to
explain to you, or I'll have the County Manager explain something to
you, about some of the questions you have asked about the agenda. If the
County Manager would, and I hope he would do it with composure, Mr.
County Manager." Abernathy said "It's real basic. In order to
be on the agenda prior to this policy which was not done to question
citizens but more a result of problems that involve the Commissioners
themselves. That's what the issue emerged from."
Commissioner Buff expressed his opinion about people who work for the
county being called dishonest in public and said he did not favor
continuing public comment if citizens use the public comment segment in
this manner. He was reminded by Janice Poteat, Planning Board Member,
that he had not had any trouble slandering her several months ago.
Thompson call Poteat "out of order" and threatened to call the
Sheriff. He said he had called the Sheriff once before and would call
him again. Poteat's response was, "Call him." As the meeting
continued Thompson gestured threateningly and made facial grimaces
toward Mr. Hensley. At the break Thompson stated, "I'm going to
lose my temper bad one of these days and when I do.."
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