Horrors of vaccination exposed and illustrated: $b Petition to the President to abolish compulsory vaccination in Army and NavyHiggins, Chas. M. (Charles Michael)
History
Horrors of vaccination exposed and illustrated: $b Petition to the President to abolish compulsory vaccination in Army and Navy
Higgins, Chas. M. (Charles Michael)
Vaccination
In conclusion, it therefore follows that the right to Medical Freedom
is the clearest and most essential of the “unalienable” “retained” and
“reserved” rights possessed by the People under the Declaration and
the Constitution; and as these rights cannot be legally invaded or
denied by any Government, it follows, therefore, that all compulsory
vaccination is clearly un-American, illegal, unconstitutional, and
medically barbarous and unworthy of a place on any American, military,
medical, or legislative Code, and should be absolutely abolished as fit
only for some Code of Prussianism--from which, as before said, it has
been, in fact, copied.
COMPULSORY VACCINATION CONDEMNED BY OUR COURTS AS UNCONSTITUTIONAL
In illustration of the principles stated in preceding paragraphs, I
might here cite a few decisions from our higher courts showing the
outrageous illegal and unconstitutional nature of all forcible or
compulsory vaccination.
Judge Bartlett, of the New York Supreme Court, in the case of Walters
in 1894, decided that:
“To vaccinate a person against his will, without legal
authority so to do, would be an assault.”
Judge Gaynor, of the same Court, in the case of Smith against Health
Commissioner Emery of Brooklyn in 1894, gave the following important
decision which was afterwards fully sustained by the New York Court of
Appeals:
“If the Commissioner [of Health] had the power to imprison an
individual for refusing to submit to vaccination, I see no
reason why he should not also imprison one for refusing to
swallow a dose. But the Legislature has conferred no such power
upon him, if, indeed, it has the power to do the like.... If
the Legislature desired to make vaccination compulsory it would
have so enacted. Whether it be within its power to do so, and
if so, by what means it may enforce such an enactment, are not
for discussion here.”
Judge Woodward, of the New York Appellate Court, in the Viemeister case
in 1903, declared that:
“It may be conceded that the Legislature has no constitutional
right to compel any person to submit to vaccination.”
The Supreme Court of the State of Massachusetts, in the case of
Jacobson in 1904, said:
“If a person should deem it important that vaccination should
not be performed in his case and the authorities should
think otherwise, _it is not in their power to vaccinate him
by force_, and the worst that could happen to him under the
statute would be the payment of the penalty of five dollars.”
Judge Fitts, of the Supreme Court in Columbia County, New York, in the
case of Bollinger in February, 1909, charged the jury as follows:
Public-domain text, read in full here on John Shaqi.
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