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Friday 1 March 2013

Scottish Unionists plead their case


Below is a link to a very interesting document which sets out to try to damage the case for national independence for Scotland and by implication necessary extrapolation that of independence for England or Wales, or indeed the unification of Ireland. 

The document shows that the Unionists within the British Government like Micharl Moore are already using substantial amounts of English taxpayers’ money to fight the SNP’s fight for Scottish independence.  In doing so they yet again demonstrate their total disregard for English interests and a mind-set which is happy to breach the trust which should be at the heart of any democratic Government’s attitude to tax money. 

Neither of the Law Professors instructed to do the opinion have biographies which would suggest any sympathy with nationalist aspirations for any of the constituent nations of the “United Kingdom”.  Nor, judging from their comments, do they have any understanding of the history of the nations within the British archipelago.

This Opinion should be read as being merely the legalistic argument of one side, akin to Counsel’s “skeleton argument” handed into a court prior to the hearing of a case.  It is of no greater weight than that and is not, by any stretch of the imagination, definitive.  As it candidly explains in its opening remarks, instructions have come from one side only and the authors, I would respectfully suggest, have been worthy of their, no doubt, handsome fees in the way that they have carefully disguised the weaknesses in their arguments. 

As a litigation solicitor in practice, I am regularly dealing with Counsel’s opinion and with skeleton arguments and it is therefore of professional interest to me to see the ways in which they have carefully limited the factors that they are going to consider to exclude the arguments which wouldn’t work in their paymasters favour. They have often cited historical precedence, which, on the face of it sounds good for their case, but which once examined in any detail with an understanding of the history of the example, simply don’t stand up to scrutiny as being equivalent to the dissolution of the Union between two historic nations, that of the English and the Scottish, or to use the terms of the 1707 Act of Union, the historic kingdoms of England and of Scotland. 

A good example of the historical ignorance of the authors is over the question of how illustrative it is that England and Scotland in 1707 didn’t have separate diplomatic arrangements.  With respect to the learned professors, I would suggest that anyone who knew anything in any depth of the history at the time would know that diplomatic arrangements at the time were entirely within the royal prerogative powers of the monarch.  As the monarch of the Kingdoms of England and Scotland had been one and the same person since the time of James I/VI, it is not very surprising that there was no change to the diplomatic arrangements in 1707 during the reign of Queen Anne, the last of the Stuart Dynasty. 

The comparisons with the breakup of other countries also betray a lack of awareness and/or deliberate obfuscation.  For example Singapore becoming independent from Malaysia is not two historic kingdoms or nations dividing back to their constituent parts, as neither had any significant history ante-dating British imperialist occupation of the Malayan Peninsula.  The Dissolution of the United Kingdom would in my opinion would be more accurately compared with the Dissolution of theUnion between Austrian and Hungary in the Austro-Hungarian Empire at the end of the First World War. 

Despite their best efforts to argue their paymasters case, the two learned professors still have to concede that both states after Scottish independence may well be new states or the resurrection of the two historic constituent kingdoms of the United Kingdom of Great Britain.  It is certain in any case that the UK would not be able to continue to exist without further fundamental constitutional legislation resolving the consequences of the Act of Union and terminating the “United Kingdom of Great Britain”, as obviously this couldn’t continue without Scotland. 

The extent of constitutional turmoil is also exemplified by the effect in Northern Ireland where Mr McGuiness has already pledged a referendum on dissolving the link between the Province and the British crown in 2016.  In Wales, Plaid Cymru are beginning to talk up the prospect of Welsh independence and the dissolution of the 1536 Union between the Kingdoms of England and the Principality of Wales.  In the case of Wales the “Welsh Nationalists” seem to be trying to have their cake and eat it in the sense of seeking to maintain the wholly inconsistent idea that they should still be able to benefit from English taxpayers’ funded subsidies. 

Whichever way you look at it however this report is to be welcomed as a sign that the tectonic plates underlying the UK constitutional structure are on the move and that is a good sign for the future of English Nationalism!

I look forward to seeing whether the lawyers for the SNP do as good a job in arguing for their paymasters.  Also I will note with interest whether the SNP are as cavalier with public money as the Unionist politicians who commissioned this report have been.

Here is a link to the report >>>  https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/79408/Annex_A.pdf

27 comments:

  1. The "Opinion" expressed in the linked document was a bit big and a bit too technical for me! It did, however keep refering to "the Rest of the U.K." with its silly abreviation "rUK", indicating that the Eton-educated British political elite still haven't cottoned on that without Scotland, there is no U.K.
    With "Elvis loves Pets" polling two more votes than our 70 in Eastleigh and UKIP, who have a huge head-start on us, coming second, it could be that a "yes" vote in the Scottish independence referendum is our best hope of a self-governing England.
    Clive,
    Weston-super-Mare.

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    1. Clive, Don't worry about Eastleigh. We merely used it to leaflet and build awareness of the English cause. UKIP were regularly beaten by the Monster Raving Loonies in the 1990s and early 2000s and that wasn't of longterm significance either!

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    2. There will be although the heart of it would be ripped-out. Great Britain though will die without Scotland.

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    3. UKIP's bubble will burst soon, I think. Not many people have any real taste for UKIP's ultra-Thatcherite, globalist stance on economics. Those that do will continue to vote Tory in the main. UKIP has no ideological coherence and will suffer because of that in the longterm.

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    4. "We merely used it to leaflet and build awareness of the English cause."

      If that is true, may I suggest that a by-election - when people become fed up with the amount of leaflets shoved through their letterboxes - is THE worst time to spend thousands "building awareness".

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    5. Well said

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    6. Ukip has real appeal to a certain type mostly to be found in the south of England, i.e., traditional Tories, and the party gets more credible as each day passes. They are the big threat to the English Democrats. It wiil a long time before the English Democrats can challenge them in their southern heartland. Beat them in the north where the EDs are already established. The BNP's northern EU seats are vulnerable to the EDs' truly nationalist message. (English nationalism as opposed to the phoney British nationalism of the BNP and UKIP, and the even phoneyer British "patriotism" of the Tories).

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  2. Meanwhile in the real world, Sheffield City Council is running out of cash and closing the city's Don Valley sports stadium, doctors are being forced to be accountants instead of treating patients, and the national debt is bigger under George Osborne than it was under Gordon Brown. And the value of sterling is falling catastrophically as the printing presses roll out more bank notes. Bring on the soup kitchens.

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    1. Russia Today has told us that in Britain more and more people are relying on foodbanks, mothers are doing without meals to feed their children and the middle classes cannot afford to get things repaired and are having to sell off their possessions. Today they were going to talk about the British who are fleeing the country and why. Undoubtedly those fleeing will be the indigenous professionals to be replaced by more from the third world or Eastern Europe desperate for our welfare payments and our health system. In Newcastle the council can no longer afford to pay for children with learning difficulties to get care or for their parents to get respite. Britain is slowly going bankrupt but this is all as planned for debt totalitarianism is just another form of control by the bankers who created this economic crisis for their own ends and an economic crisis as Vladimir Bukovsky has explained is the way to create further European integration and further totalitarianism. Come back Mac, we'd never had it so good and he was right but that was before the New World Order and their plans for the last of the Europeans took off.

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  3. Robin,

    I agree with you on your analysis of Counsels being used. During proceedings, their duties are the Court and override their paymasters, however out of Court is a different matter altogether.

    Any Counsel used in politics and spin any lie or half truth or omission without risk. I therefore believe that they should be barred from entering politics. Counsels present cases in Court but are under strict codes of practice however outside of the Court system they could be dangerous if they have ulterior motives.

    Don't worry about Eastleigh, the Lib Dems only won because Labour voters tactically switched to them to keep the Tories out, and also the 'Right' vote was split between Tories and UKIP. Eventually the non Left voters will have to vote tactically to keep the Left out, and that is how I will be voting from now on.


    Regards


    francis

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    1. The Lib Dems won their "stunning" (in the immortal words of Nick Clegg) victory, not because the dicredited Lib Dem have such good policies but because they have a well entrenched party machine in Hampshire while the Tory machine there has collapsed. That a party cannot win without a local party machine seems to have escaped whoever thought it was a good idea to put up an ED candidate in Eastleigh. The south is barren ground for the EDs. It will a very long time before English Nationalism has any appeal in the south.
      As for raising awareness, It is doubtful if anyone has any memory of the English Democrats having stood in Eastleigh in a year's time. The party money should be spent where it can do some good. Middlesborough was a much better proposition than Eastleigh was going to be. Confine UKIP to the south or the EDs are lost.

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  4. A brief scan of the document linked shows continual reference to international law - whatever that is. The subjugation of English law to international law and the eu is somehow taken for granted. What happens if the Scots vote for independence and some international beak says no?

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    1. The EU would probably only get heavy-handed if Scotland said they wanted to be independent and out of the EU. This is unlikely as Alex Salmond is a fervent EU supporter and even wanted an independent Scotland to be in the euro until it all went belly up. If they are independent and in the EU then they will probably still be geting our money but it will be routed via Brussels.

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  5. When their is any election lealets should have been done weeks/months before,because switch off time comes into play when mass leafletting begins.
    The only way is engaging door to door face-to-face with the Voter not easy but its the only way.
    "Postal Votes" have been sown up weeks before now " a con is a con"? not sure.
    Postal Votes could be the most dodgyist of the lot !
    Gawd knows what goes on.
    Liberals love em along with labour
    I often wonder why !
    They SAY Its never over till the fat lady sings;
    Scots will vote yes and the next step is wales going for self determnation check out their conference which is now reporting. Yep along with ! stiching England up to the hilt, a UK Govt full of block voting welsh scots irish,marxists,atheists ! with the help from Brussels

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  6. A FORMER US Ambassador has accused Westminster of trying to have it both ways for arguing that an independent Scotland would have to carry its share of UK liabilities such as debt, without inheriting any of the international treaty and membership rights.

    A FORMER US Ambassador has accused Westminster of trying to have it both ways for arguing that an independent Scotland would have to carry its share of UK liabilities such as debt, without inheriting any of the international treaty and membership rights.
    Professor David Scheffer of the Centre for International Human Rights in Chicago has written a legal opinion arguing the UK's claim to be the "continuing state" in the event of independence, but that Scotland have to bear its share of UK liabilities, rests "on very thin ice".

    His paper, published on Deputy First Minister Nicola Sturgeon's Scottish Referendum blog, said: "The Whitehall report is at its weakest when examining the rights of EU citizens in Scotland (Scots are also EU citizens), and even at times with respect to EU membership per se." Professor Scheffer disputes the UK Government's claims that Scotland was "extinguished as a matter of international law" 300 years ago, describing this as built on a "pyramid of presumption". He said: "Some would strongly disagree with this conclusion and argue the Scottish people retained their right of self-determination within a distinct part of Great Britain that continued with an autonomous national character." Using the legal term for a legal status drawn from specific circumstances, he added: "The sui generis character of Scotland derives from its past sovereignty reasserting itself in a modern application of self-determination culminating in the 2014 referendum." Ms Sturgeon said: "Professor Scheffer's expert opinion makes crystal clear that the UK Government's claims about Scotland are nothing more than assertions. Scots are EU citizens, Scotland has maintained a unique legal character, and the idea that Scotland could be deprived of all the rights we have acquired while being expected to take on the liabilities built up by Westminster is contradictory. " The Better Together campaign has highlighted the problems independence could cause for Scots who currently receive specialist treatment in England. Labour's Jackie Baillie, a director of Better Together, said: "The NHS has been built by the people of the United Kingdom to look after the people of the UK. If we leave the UK, it is obvious that all of this will change. We would be replacing a simple, internal relationship with an international, cross border one."The Scottish Government said: "Scotland's NHS is already run by the Scottish Government, in the best interests of the people of Scotland."

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    1. You can't rely on the Scots to vote in favour of independence. The EDs have to worked on the assumption that they won't

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  7. His paper, published on Deputy First Minister Nicola Sturgeon's Scottish Referendum blog, said: "The Whitehall report is at its weakest when examining the rights of EU citizens in Scotland (Scots are also EU citizens), and even at times with respect to EU membership per se."

    Professor Scheffer disputes the UK Government's claims that Scotland was "extinguished as a matter of international law" 300 years ago, describing this as built on a "pyramid of presumption".

    He said: "Some would strongly disagree with this conclusion and argue the Scottish people retained their right of self-determination within a distinct part of Great Britain that continued with an autonomous national character."

    Using the legal term for a legal status drawn from specific circumstances, he added: "The sui generis character of Scotland derives from its past sovereignty reasserting itself in a modern application of self-determination culminating in the 2014 referendum."

    Ms Sturgeon said: "Professor Scheffer's expert opinion makes crystal clear that the UK Government's claims about Scotland are nothing more than assertions. Scots are EU citizens, Scotland has maintained a unique legal character, and the idea that Scotland could be deprived of all the rights we have acquired while being expected to take on the liabilities built up by Westminster is contradictory. "

    The Better Together campaign has highlighted the problems independence could cause for Scots who currently receive specialist treatment in England. Labour's Jackie Baillie, a director of Better Together, said: "The NHS has been built by the people of the United Kingdom to look after the people of the UK. If we leave the UK, it is obvious that all of this will change. We would be replacing a simple, internal relationship with an international, cross border one."

    The Scottish Government said: "Scotland's NHS is already run by the Scottish Government, in the best interests of the people of Scotland."

    http://www.heraldscotland.com/politics/referendum-news/westminster-on-thin-ice-with-independence-claims.20396108

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    1. Paid for by the people of England

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  8. I really don't why we have to wait until late 2014 for this referendum? Is it because the establishment are using it to delay solving the awkward West Lothian Question? Where is the West Lothian Commission? I smell a rabbit.

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  9. If Scotland does become independent and Alex Salmond asks any vessel carrying nuclear warheads to leave then if you want to know what Scotland would be like you should watch the Danish crime and political dramas that have been shown on BBC4 over the last few years, especially with a Scottish government based on a proportional representation electoral system. Danish politics is very dirty because of the need to constantly form alliances between parties. But on the international front Scotland would be as much of a pygmy as Denmark. It has roughly the same population.

    Like Denmark, Scotland would have a much more populous and powerful neighbour to the south. For Scotland read Denmark for England read Germany. Not only that but an England free of the Celtic fringe would be even more confident and self-assertive.

    Talking of Denmark and Germany, firstly thank God that the Germans are planning to veto the entry for Bulgarians and Romanians who do not have definite jobs to go to in order to prevent benefit tourism. Personally, I think they just want to keep the Roma and their accompanying crime out.

    As regards Denmark, I think I have mentioned before that the Danish People's party have risen to second in popularity there so I thought I would check their website out for their aims. It is obvious that the party wants to preserve Danish national identity from extinction and is at war with globalising Marxism. They love their country. The want it first and foremost Christian but with other religions tolerated. They are now struggling with the Left's mass muslim immigration which left the islam-critical Lars Hedegaard almost assassinated the other week.
    Secondly, they want to preserve the family that Marxism has aimed to destroy for the last 50 years. They want Denmark free and independent and out of the EU. Finally they do not want Denmark to be a multi-ethnic/multicultural country. They must look across the North Sea to England and its rapid transformation into an Afro-Asian country and think; that's not for us. The national anthem of Denmark is "There is a lovely land" and it is a lovely land and hopefully they can preserve it that way. Ours will soon be lost. However, if the party does form a government then undoubtedly the UN will impose sanctions if they close their borders and insist on remaining a predominantly white country. This is now illegal under international law. No white countries are to be allowed to remain in accordance with the dicates of the New World Order and the UN with its Agenda 21.

    Finally, Nigel Farage has been speaking on immigration on Russia Today. He urges that anybody who is anti the immigrants already settled here to join the BNP not his party!! but tells us that Cameron has give the right to remain to the thousands more Indian students he wants to come here. Russia Today is very good and pointing out the obvious and accompanies the interview with a picture of North London that could be Delhi and a crowd or cheerful immigrant Africans in Trafalgar Square. Gud velsigne og Beskytte Danmark (God bless and protect Denmark). I wonder how many of us they could squeeze in there. After all we are closest to them in terms of genetic compatibility by a factor of 2 to 1, 2 to 5 to Italians and 1 to 109 to Africans. We are after all Anglo-Danes, especially up north.

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  10. Robin,

    I know this is off topic,

    but I am a bit concerned about the Government's Secret Courts. This sounds like something from the USSR or Nazi Germany. I have a feeling it is the establishment's way of imprisoning nationalists and whistle blowers.

    Yes foreign terrorists have abused the system, but it seems to me that if the UK leaves the European Court of Human Rights, then we have no form of redress in the event of wrongful imprisonment. I notice Hate Not Hope have kept silent about this - perhaps they support it and will give evidence to get their opponents arrested. Very worrying indeed.


    Regards



    francis

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    1. Vladimir Bukovsky has already warned us that the EU is developing into a mirror image of the former Soviet system and that the EU is the first stage towards one world totalitarian government. Personally I think we should invite him to become and advisor to the EDs!! This he gleaned from the Kremlin archives. We already have our gulags where anybody opposed to multiculturalism can be thrown; e.g. Emma West and Tommy Robinson. Marxist multiculturalism and political correctness are a way of getting us used to the removal of free speech. Multiculturalism, mass immigration into European countries and open borders have allowed terrorists and criminals to travel freely across Europe and the terrorist threat is then used as a way of clamping down on anybody who shows dissent. Theresa May recently said that "they" fear an Anders Breivik style attack here. That will give them carte blanche to crack down on nationalists as the BBC described Breivik as an ultra-nationalist.

      Imagine England as it was in the 1950s when entry to those from overseas was strictly controlled and foreign travel was much more difficult. I had to apply for a visa to work in Germany in 1970 and it took weeks to get one but when there were work visas at least we had some control over our borders. In the 1950s we were free in a way we no longer are. I have just read on Russia Today that the FBI is keeping volumes of information on Google usage, that may even include the likes of those who log on to this website. The European Court of Human Rights does, I believe, predate the EU project. Unfortunately, it has been guilty of so many barmy decisions that people forget that it sometimes does protect us as well as foreign criminals and terrorists. It is of course obvious that the more you destroy homogeneous and cohesive countries, the more you remove trust and the more there is free movement around the world then the greater the need for police surveillance and control to try to make the whole barmy left-wing utopian project from collapsing into anarchy. Incidentally, it is not just the left-wing, mass immigration has been used as a way of keeping down wages at lower levels whilst ensuring that those at the top, bankers, industrialists etc just get richer and richer; a small plutocracy ruling over the increasingly impoverished masses.

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    2. There has been a steady erosion of the common law, or the law of the land since th 60's in particular. All states hate independent law, it interferes with their purposes should they become nefarious. Freeman on the land insist that the commercial code, or law of the sea has been layered onto the law of the land to smother it.
      Is this why the defendant stands in the dock? Various attempts have been made to highlight the consent required by 'commercial' courts in order that they have jurisdiction over you. Roger Hayes of the British Constitution Group had successfully outwitted the courts and refused to accept their jurisdiction over him by claiming common law rights. Ultimately he was arrested without warrant and tried in secret and jailed entirely without due process.The protection of representation and jury trial were completely denied him. His summons/warrant was a council document, not a court one, nether did it have a decipherable wet signature. Irrespective of the rights and wrongs of him witholding council tax the criminal disreard for the law this shows will only get worse unless people become properly educated.

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    3. I totally agree with you. The main enemy are the 'Cultural Marxists' and the western bankers actually funded the Bolshevecs in 1917. Neo Conservatives are just the right wing of Cultural Marxism. Have a look at this www.culturalmarxism.org to see what has already happened in the USA. Sound familiar?

      We need nationalists in the reverse this madness.


      Regards



      francis

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    4. Churchill actually spoke of who was behind the Russian Revolution in 1920. The Russians know it was not them. Interestingly, Russia now seems more conservative - the way they always were prior to the Marxists' takeover - than the culturally Marxist west whom they are meant to save.

      Churchill is, of course, the enemy of the cultural Marxists as he is an icon of Englishness and opposed mass non-European immigration but was ignored as this did not suit the one world plan. Obama hates him and has sent back his bust from the White House to the British embassy as Barack Hussein's grandfather was in the mau mau in Kenya. Obama hates the English and the Anglo-Saxons in America and wants them gone.

      The Traditional Britain Group's latest offering is about an alternative to the dominant cultural Marxism, speaking of the Lions like Churchill and Wellington and the foxes who seem to have dominated British politics in the current century.

      Two incidents in the West Midlands highlight what they have done to us. The first was the abduction of a Pakistani girling for a forced marriage - it happens all the time - and the second was the stabbing of the girl on the bus who would still be alive if Enoch Powell, a lion, had been able to predominate over Edward Heath, a fox. Enoch must have died a very frustrated man. I doubt if he is smiling down on us as his native city lurges toward having a non-indigenous English majority by the end of the decade. This is probably more than even he could have predicted.

      Still, two things to cheer us. Firstly, Russia Today tells us the alternative parties are taking over British politics as people turn away from the main parties who have ignored their wishes for 60 years. RT describes them as loonies after Cameron's descrption of UKIP as fruitcakes, loonies and closet racists. This is Cameron the cultural Marxist. Secondly Tony Blair (sorry to swear) was presented with a plaque by Native Americans for his speech on carbon tax. The plaque called him Walking Eagle, this is because they considered him so full of sh.t that he could not fly. And Yvette Cooper has said that New Labour made mistakes over immigration. They did not. They wanted the votes and like all white Marxists they want the end of their own white race; the scourge of mankind. They are doing very well here.

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    5. Please bear in mind that from being one third of the world's population a hundred years ago Europeans are now down to 8% and falling and yet this seems to be hailed by politicians of all main parties in the hitherto white world as a good thing. Sometimes I think I am dreaming as this is becoming so surreal,so insane, the idea that a third world world is somehow better than that in which high iq North Europeans predominated. The Mayan end of the world prediction was not about the end of the world, it was about the beginning of the end of civilisation as those responsible for it for the last 500 years at least disappear. And the world will never recover.

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  11. Am I alone in suspecting that the government news control service has been tampering with the stabbing on the Birmingham bus incident? Initially the news gave out the racial identity of the suspected perpatrator. Now it is now longer mentioned. Strange they never did that over the Stephen Lawrence killing. This is Enoch Powell's city. Even he would never have imagined that by the end of the decade it will have an English minority. But he did warn us about incidents like the killing on the bus and wanted an end put to it by reversing the mad multicultural experiment. But those behind one world government via their frontman, Edward the Traitor Heath (a man much in the mould of Edward the Confessor) just did for him. On Yahoo, there was not only no mention of the identity of the perpetrator there was not even a provision for comments as they anticipated the nature of these. Pure censorship to keep the lid on the pot.

    I hope you have been watching the footage of the demise of Hugo Chavez in Venezuela. If you want to see the future for America and ourselves then it is there. America will be a majority black and hispanic country like Central America and here a mixture of black, white and Asian (the hispanics were originally from Asia) blood. We will look like them and our country will probably be much the same. Well done the utopians!! By the way if the name Dr Kitty Little is familiar to anybody you will wish to know - and she was a smart cookie - that she said that a mixture of blood as outlined above led to a high degree of mental retardation. Perfect if you want to rule the world!!

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