Waynes Letter to the Governor

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Wayne R. Leach
70 East Palmer Road
Winslow, Maine 04901
September 19, 2013
Governor Paul R. LePage
192 State Street
Augusta, Maine, O4330

Dear Governor:

After reviewing the material provided to you by Carlisle McLean & Hank Fenton, of which I was provided a copy, I feel that I must respond – possibly at some length – for this is a most important matter for the People of Maine in holding their government officials accountable.

First, I must disagree with their determination that a response is not required to, not only the People's Remonstrance, but to the People's demand to respond as was stipulated in the “Notice of Service” which was signed by an authorized staff member in each of the offices to which the Remonstrance was delivered personally by me. The Maine Constitution states in Article I, §15 that:
“The people have a right at all times in an orderly and peaceable manner to assemble to consult upon the common good, to give instructions to their representatives, and to request, of either department of the government by petition or remonstrance, redress of their wrongs and grievances.” (Emphasis mine)

Also, I disagree with some of what your “advisers” claim in the 1st sentence of the 2nd paragraph of their letter to you about the Remonstrance. Black's Law Dictionary, 9th Edition, says nothing about a “letter... to suggest that legislation should be passed to remedy a harm”, but gives this definition:
“1. A presentation of reasons for opposition or grievance. 2. A formal document stating reasons for opposition or grievance. 3. A formal protest against governmental policy, actions, or officials.” (Emphasis mine)

The definition of “demand” according to Merriam Webster's Collegiate Dictionary, 10th Edition, is:
“1 : to ask or call for with authority: claim as due or just 2 : to call for urgently, peremptorily, or insistently 3 a: to ask authoritatively or earnestly to be informed of b : to require to come : SUMMON 4 : to call for as useful or necessary” (Emphasis mine)
Black's Law Dictionary, 9th Edition, defines the noun “demand” as:
“1. The assertion of a legal or procedural right.”
and “legal right” as:
“A lawful demand made by an authorized person. (Emphasis mine)
but, the verb “demand” as:
“1. To claim as one's due; to require; to seek relief. 2. To summon; to call into court.” (Emphasis mine)

The definition of “instruct” according to Merriam Webster's Collegiate Dictionary, 10th Edition, is:
“1 : to give knowledge to : TEACH, TRAIN 2 : to provide with authoritative information or advice 3 : to give an order or command to : DIRECT” (Emphasis mine)

The Maine Constitution, Article I, §2, states quite clearly and unambiguously, that
“All power is inherent in the people; all free governments are founded in their authority and instituted for their benefit; they have therefore an unalienable and indefeasible right to institute government, and to alter, reform, or totally change the same, when their safety and happiness require it.” (Emphasis mine)

Thus, by ignoring the People's demands, the governmental representatives and those supporting their positions are declaring that this is NO LONGER a free government instituted by the People, and operating for their benefit! To deny the People the right of, and access to a means for, a redress of grievances, is a diabolical process claiming that we have now installed an oligarchy, or at best a democracy (mob rule), instead of a constitutional republic! These are acts of treason!!

“The governments are but trustees acting under derived authority....” Luther v. Borden, 48 U.S. 1, 12 L. Ed. 581 (1841) (Emphasis mine)

In other words, the People gave a useful, authoritative, and necessary demand for a reply to the Remonstrance to their elected representatives, who have repeatedly avoided, neglected, denied, and refused to follow the demands, instructions, orders, and commands of the People for whose benefit they have been instructed to work, and who have the power and authority over and above those representatives. To do so is to violate and perjure their Oaths of Office to support the Constitutions of the United States and the State of Maine, and to deny that we have a “free government” as stated above from the Maine Constitution. Not only that, but by and through their actions, these “servants of the People” have violated the Public Trust placed in them when they took those Oaths.

“It is not the function of our [free] government to keep the citizen from falling into error, it is the function of the citizen to keep the government from falling into error.” Perry v. United States, 204 U.S. 330, 358.

“... no state legislator or executive or judicial officer can war against the Constitution without violating his undertaking to support it.” Cooper v. Aaron, 358 U.S. 1, 78 S. Ct. 1401 (1958).

Governor, your legal advisers admit on page 4 of their document, under “Legal Findings”, that Massachusetts' precedents would not be legally binding on the Maine courts, and claim that it “is then necessary to understand how a Maine court may attempt to interpret Maine's remonstrance provision.” I believe any normal, ordinary layman can read that provision, and determine that a response is implied by the language therein, especially when that remonstrance is accompanied by an acknowledged demand for such a response, as was the case with Maine's Remonstrance. (Emphasis mine)

Also, on that same page, your advisers claim that “By looking at the plain meaning of the text of Article I, §15, it seems that a remonstrance ......” is a request to pass legislation, when that is neither mentioned nor hardly implied, because it says that it can request “of either department” a “redress of their wrongs and grievances.” Do either the executive or judicial department “pass legislation”? I think not! See Maine Constitution, Article III, §1, which states that:
“The powers of this government shall be divided into 3 distinct departments, the legislative, executive and judicial.” (Emphasis mine)

“The Legislative power shall be vested in 2 distinct branches [not departments], a House of Representatives, and a Senate, each to have a negative on the other, and both to be styled the Legislature of Maine, ….” Constitution of Maine, Article IV, Part First, §1. (Emphasis mine)

“The Legislature, with the exceptions hereinafter stated, shall have full power to make and establish all reasonable laws and regulations for the defense and benefit of the people of this State, not repugnant to this Constitution, nor to that of the United State.” Maine Constitution, Article IV, Part Third, §1. (Emphasis mine)

Next, I direct your attention to page 5 of the advisers' document, where they [I believe, quoting from Minnesota State Bd. For Cmty. Colleges v. Knight, 465 U.S. 271, 285 (1984)] state that “....the Constitution does not provide that any more process shall be due.” That might possibly be true if there was no demand for a response, but there was such a demand from a higher authority, the people in whom [“A]ll power is inherent”], in the issue now being addressed [and has been for 9 months now] here in Maine.

Finally, your advisers' last paragraph, Conclusion, is irrelevant because there was no legislation proposed in the People's Remonstrance, nor any mention of amending the United States or Maine Constitutions, but merely demands that these documents be followed “to the letter” and according to their original intent.

Respectfully yours,


Wayne R. Leach



cc: Sheriff Randall Liberty, Phil Merletti, Gary Smart, Jack McCarthy