I believe that if a person was fluent with the information in this small pamphlet that they would know more about American Citizenship than at least 95% of the population. In no way is it extreme, or sensationalized. Just accurate, foundational information that every American should know.
This is the complete online version. PDF information and How to obtain hard copies is at bottom
“You have rights that antecedent to all earthly governments; rights that cannot be repealed or retrained by human laws; rights derived from the Great Legislator of the Universe.”
-John Adams, Second President of the United States
JURY HANDBOOK
A Palladium of Liberty
“Study the Constitution! Let it be preached from the pulpit, proclaimed in legislatures, and enforced in courts of justice.” —Abraham Lincoln
RIGHTS COME FROM GOD, NOT THE STATE!
“You have rights antecedent to all earthly governments; rights that cannot be repealed or restrained by human laws; rights derived from the Great Legislator of the Universe.”
-John Adams, Second President of the United States
TABLE OF CONTENTS
SEC. I A HANDBOOK FOR JURORS
2 Jury Duty . . . . . . . . . . . . .
4 You are above the Law! . . . . . . . . . .
6 Jury Rights . . . . . . . . . . . . .
7 Law of the Land . . . . . . . . . . . .
8 Ten Commandments . . . . . . . . . . .
8 Communist Manifesto . . . . . . . . . . .
9 Give Up Rights? . . . . . . . . . . . .
11 Jury Tampering? . . . . . . . . . . . . .
SEC. II GIVE ME LIBERTY …
15 Patrick Henry Shocked . . . . . . . . . .
16 Jury of Peers . . . . . . . . . . . .
18 Freedom for William Penn . . . . . . . . .
20 Jefferson's Warnings! . . . . . . . . . .
SEC. III ORIGINAL DOCUMENTS
21 Index to the documents . . . . . . . . . .
26 The Declaration of Independence . . . . . . . .
(Original Title -- Page 26)
32 The Constitution . . . . . . . . . . .
49 The Bill of Rights . . . . . . . . . . .
Page 1
SEC. 1 A HANDBOOK FOR JURORS
“…That this nation, under God, shall have a new birth of Freedom…”
-Abraham Lincoln
JURY DUTY
The purpose of this booklet is to revive, as Jefferson put it,
“The Ancient Principles.” It is not designed to promote lawlessness or
a return to the jungle. The “Ancient Principles” refer to the Ten
Commandments and the Common Law. The Common Law is, in simple terms,
just plain common sense and has its roots in the Ten Commandments.
In 1776 we came out of BONDAGE with FAITH, UNDERSTANDING and COURAGE.
Even against great odds, and with much bloodshed, we battled our way to
achieve LIBERTY. LIBERTY is that delicate balance between the force of
government and FREEWILL of man. LIBERTY brings FREEDOM of choice to
work, to trade, to go and live where one wishes; it leads to ABUNDANCE.
ABUNDANCE, if made an end to itself, will result in COMPLACENCY which
leads to APATHY. APATHY is the “let George do it” philosophy. THis
always brings DEPENDENCY. For a period of time, dependents are often
not aware they are dependent. They delude themselves by thinking that
they are still free — “We never had it so good.” — “We can still vote,
can’t we?” Eventually abundance diminishes and DEPENDENCY becomes known by its true nature: BONDAGE!!!
There are few ways out of bondage. Bloodshed and war often result,
but our founding fathers learned of a better way. Realizing that a
CREATOR is always above and greater than that which He creates, they
established a three vote system by which an informed citizenry can
control those acting in the name of the government. To be a good master
you must always remember the true “pecking order” or chain of command in
this nation:
1. GOD created man . . .
2. Man (that’s you) created the Constitution . . .
3. Constitution created government . . .
4. Government created corporations . . . etc.
The base of power was to remain in WE THE PEOPLE but unfortunately,
it was lost to those leaders acting in the name of the government, such
as politicians, bureaucrats, judges, lawyers, etc.
As a result America began to function like a democracy instead of
a REPUBLIC. A democracy is dangerous because it is a one-vote system
as opposed to a Republic, which is a three-vote system: Three votes to
check tyranny, not just one. American citizens have not been informed of
their other two votes.
Our first vote is at the polls on election day when we pick those
who are to represent us in the seats of government. But what can be done
if those elected officials just don’t perform as promised or expected?
Well, the second two votes are the most effective means by which the
common people of any nation on earth have even had in controlling those
appointed to serve them in government.
The second vote comes when you serve on a Grand Jury. Before anyone
can be brought to trial for a capital or infamous crime by those acting
in the name of the government, permission must be obtained from people
serving on the Grand Jury! The Minneapolis Star and Tribune in March 27,
1987, edition noted a purpose of the grand Jury in this way:
“A Grand Jury’s purpose is to protect
the public from an overzealous prosecutor.”
The third is the most powerful vote: this is when you are acting as
a jury member during a courtroom trial. At this point, “the buck stops”
with you! It is in this setting that each JUROR has MORE POWER than the
President, all of Congress, and all of the judges combined! Congress
can legislate (make law), the President or some other bureaucrat can
make an order or issue regulations, and judges may instruct or make a
decision, but no JUROR can ever be punished for voting “Not Guilty!”
Any juror can, with impunity, choose to disregard the instructions of
any judge or attorney in rendering his vote. If only one JUROR should
vote “Not Guilty” for any reason, there is no conviction and no
punishment at the end of the trial. THus, those acting in the name of
government must come before the common man to get permission to enforce law.
YOU ARE ABOVE THE LAW!
As a JUROR in a trial setting, when it comes to your individual vote of innocent or guilty, you are truly answerable to GOD ALMIGHTY. The First Amendment to the Constitution was born out of this great concept. However, judges of today refuse to inform JURORS of their RIGHTS.
The Minneapolis Star and Tribune in a news paper article appearing in its November 30, 1984 edition, entitled: “What Judges Don’t Tell Juries” stated:
“At the time of adoption of the Constitution, the jury’s role as a defense against political oppression was unquestioned in American jurisprudence. This nation survived until the 1850’s when prosecutions under the Fugitive Slave Act were largely unsuccessful because juries refused to convict”
“Then judges began to erode the institution of free juries,
leading to the absurd compromise that is the current state of the
law. While our courts uniformly state juries have the power to
return a verdict of not guilty whatever the facts, they routinely
tell jurors the opposite.”
“Further, the courts will not allow the defendants or their
counsel to inform the jurors of their true power. A lawyer who
made . . . Hamilton’s argument would face professional discipline
and charges of contempt of court.”
“By what logic should juries have the power to acquit a
defendant but no right to know about that power? The court
decisions that have suppressed the notion of jury nullification
cannot resolve this paradox.”
“More than logic has suffered. As originally conceived,
juries were to be made a safety valve way to soften the
bureaucratic rigidity of the judicial system by introducing the
common sense of the community. If they are to function
effectively as the `conscience of the community,’ jurors must be
told that they have the power and the right to say no to a
prosecution in order to achieve a greater good. To cut jurors off
from this information is to undermine one of our most important
institutions.”
“Perhaps the community should educate itself. Then citizens
called for jury duty could teach the judges a needed lesson in
civics.”
This booklet is designed to bring to your attention one important way our nation’s founders provided to insure that you, (not the growing army of politicians, judges, lawyers, and bureaucrats) rule this nation.
It will focus on the rule of power you possess as a JUROR, how you got
it, why you have it, and remind you of the basis on which you must decide
not only the facts placed in evidence but also the validity or applicability of every law, rule, regulation, ordinance, or instruction given by any man seated as a judge or attorney when you serve as a JUROR.
One JUROR can stop tyranny with a “NOT GUILTILY VOTE!” He can
nullify bad law in any case, by “HANGING THE JURY!”
“I am only one, but I am one. I cannot do everything, but I
can do something. What I can do, I should do and, with the help of
God, I will do!”
-Everett Hale
+———————————–+
| The only power the judge has over |
| the JURY is their ignorance! |
+———————————–+
JURY RIGHTS
“The jury has the right to judge both the law as well as the fact in controversy.”
-John Jay, 1st Chief Justice U.S. supreme Court, 1789
“The jury has the right to determine both the law and the facts.”
-Samuel Chase, U.S. supreme Court Justice, 1796, Signer of the unanimous Declaration
“The jury has the power to bring a verdict in the teeth of both law and fact.” -Oliver Wendell Holmes, U.S. supreme Court Justice, 1902
“The law itself is on trial quite as much as the cause which is to be decided.”
-Harlan F. Stone, 12th Chief Justice U.S. supreme Court, 1941
“The pages of history shine on instances of the jury’s exercise of its prerogative to disregard instructions of the judge…”
-U.S. vs. Dougherty, 473 F 2nd 1113, 1139. (1972)
LAW OF THE LAND
The general misconception is that any statute passed by legislators
bearing bearing the appearance of law constitutes the law of the land.
The U.S. Constitution is the supreme law of the land, and any statute,
to be valid, must be in agreement. It is impossible for a law which
violates the Constitution to be valid. This is succinctly stated as
follows:
“All laws which are repugnant to the Constitution are null and
void.” Marbury vs. Madison, 5 US (2 Cranch) 137, 174, 176, (1803)
“When rights secured by the Constitution are involved, there
can be no rule making or legislation which would abrogate them.”
Miranda vs. Arizona, 384 US 436 p. 491.
“An unconstitutional act is not law; it confers no rights; it
imposes no duties; affords no protection; it creates no office; it
is in legal contemplation, as inoperative as though it had never
been passed.” Norton vs. Shelby County 118 US 425 p. 442
“The general rule is that an unconstitutional statute, though
having the form and name of law, is in reality no law, but is
wholly void, and ineffective for any purpose; since
unconstitutionality dates from the time of its enactment, and not
merely from the date of the decision so branding it.
“No one is bound to obey an unconstitutional law and no courts
are bound to enforce it.” 16 Am Jur 2nd, Sec 177 late 2d, Sec 256
A SUMMARY OF THE TEN COMMANDMENTS
The TEN COMMANDMENTS represent GOD’S GOVERNMENT OVER MAN! GOD
commands us for our own good to give up wrongs and not rights! HIS
system always results in LIBERTY and FREEDOM! The Constitution and the
Bill of Rights are built on this foundation, which provides for punitive
justice. It is not until one damages another persons property that he
can be punished. The Marxist system leads to bondage and GOD’S system
leads to LIBERTY! Read very carefully:
1. Thou shalt have no other gods before Me.
2. Thou shalt not make unto thee any graven image.
3. Thou shalt not take the name of the Lord thy God in vain.
4. Remember the Sabbath to keep it Holy.
5. Honor thy father and thy mother.
6. Thou shalt not murder.
7. Thou shalt not commit adultery.
8. Thou shalt not steal.
9. Thou shalt not bear false witness.
10. Thou shalt not covet.
Directly above the Chief Justice’s chair is a tablet signifying the
TEN COMMANDMENTS. When the Speaker of the House in the U.S. Congress
looks up, his eyes look into the face of Moses.
“The Bible is the Book upon which this Republic rests.”
-Andrew Jackson, Seventh
President of the United States
“The moral principles and precepts contained in the Scriptures
ought to form the basis of all our civil constitutions and laws.
All the miseries and evils which men suffer from vice, crime,
ambition, injustice, oppression, slavery, and war, proceed from
their despising or neglecting the precepts of the Bible.”
-Noah Webster
A SUMMARY OF THE COMMUNIST MANIFESTO
The Communist Manifesto represents a misguided philosophy, which
teaches the citizens to give up their RIGHTS for the sake of the “common
good,” but it always ends in a police state. This is called preventive
justice. Control is the key concept. Read carefully:
1. Abolition of private property.
2. Heavy progressive income tax.
3. Abolition of all rights on inheritance.
4. Confiscation of property of all emigrants and rebels.
5. Central bank.
6. Government control of Communications & Transportation.
7. Government ownership of factories and agriculture.
8. Government control of labor.
9. Corporate farms, regional planning.
10. Government control of education.
GIVE UP RIGHTS FOR THE “COMMON GOOD”?
+————————————–+
| Where people fear the government you |
| have tyranny; where the government |
| fears the people, you have liberty. |
+————————————–+
Politicians, bureaucrats and especially judges would have you
believe that too much freedom will result in chaos. Therefore, we should
gladly give up some of our RIGHTS for the good of the community. In
other words, people acting in the name of the government, say we need
_more laws_ and more JURORS to enforce these laws — even if we have to
give up some RIGHTS in the process. They believe the more laws we have,
the more control, thus a better society. This theory may sound good on
paper, and apparently many of our leaders think this way, as evidenced by
the thousands of new laws that are added to the books each year in this
country. But, no matter how cleverly this Marxist argument is made, the
hard fact is that whenever you give up a RIGHT you lose a “FREE CHOICE”!
This adds another control. Control’s real name is BONDAGE! The
logical conclusion would be, if giving up some RIGHTS produces a better
society, then by giving up all RIGHTS we could produce a perfect society.
We could chain everybody to a tree, for lack of TRUST. This may prevent
crime, but it would destroy PRIVACY, which is the heartbeat of FREEDOM!
It would also destroy TRUST which is the foundation for DIGNITY. Rather
than giving up RIGHTS, we should be giving up wrongs! The opposite of
control is not chaos. More laws do not make less criminals! We must
give up wrongs, not rights, for a better society! William Pitt of the
British House of Commons once proclaimed,
“Necessity is the plea for every infringement of human
liberty; it is the argument of tyrants; it is the creed of slaves.”
INALIENABLE, [UNALIENABLE] OR NATURAL RIGHTS!
NATURAL RIGHTS ARE THOSE RIGHTS such as life (from conception), LIBERTY
and the PURSUIT OF HAPPINESS eg. FREEDOM of RELIGION, SPEECH, LEARNING, TRAVEL, SELF-DEFENSE, ETC. Hence laws and statutes which violate NATURAL RIGHTS, though they may have the color of law, are not law but impostors!
The U.S. Constitution was written to protect these NATURAL RIGHTS from
being tampered with by legislators. * Further, our forefathers also
wisely knew that the U.S. Constitution would be utterly worthless to
restrain government legislators unless it was clearly understood that
the people had the right to compel the government to keep within the
Constitutional limits.
+———————————–+
| In a jury trial the real judges |
| are the JURORS! Surprisingly, |
| judges are actually just referees |
| bound by the Constitution! |
+———————————–+
*Lysander Spooner wrote as follows:
“Government is established for the protection of the weak
against the strong. This is the principal, if not the sole motive
for the establishment of all legitimate government. It is only
the weaker party that loses their liberties, when a government
becomes oppressive. The stronger party, in all governments are
free by virtue of their superior strength. They never oppress
themselves. Legislation is the work of the stronger party; and
if, in addition to the sole power of legislation, they have the
sole power of determining what legislation shall be enforced, they
have all power in their hands, and the weaker party are the
subjects of an absolute government. Unless the weaker party have
veto, they have no power whatever in the government . . . no
liberties . . . The trial by jury is the only institution that
gives the weaker party any veto upon the power of the stronger.
Consequently it is the only institution that gives them any
effective voice in the government, or any guaranty against
oppression.
ESSAY on the TRIAL by Jury
————————–
JURY TAMPERING?
A JURY’s Rights, Powers and Duties:
The Charge to the JURY in the First JURY Trial before the supreme*
Court of the U.S. Illustrates the TRUE POWER OF THE JURY. In the
February term of 1794, the supreme Court conducted a JURY trial and
said “. . . it is presumed, that the juries are the best judges of facts;
it is, on the other hand, presumed that the courts are the best judges
of law. But still both objects are within our power of decision.”
“You have a right to take upon yourselves to judge of both,
and to determine the law as well as the fact in controversy.”
-(State of Georgia vs.
Brailsford, et al, 3 Dall. 1)
“The JURY has an unreviewable and unreversible power . . . to
acquit in disregard of the instructions on the law given by the
trial judge . . .” (emphasis added)
-U.S. vs. Dougherty, 473 F 2nd
1113, 1139 (1972)
Hence, JURY disregard of the limited and generally conviction-
oriented evidence presented for its consideration, and JURY disregard
for what the trial judge wants them to believe is the controlling law
in particular case (sometimes referred to as “JURY lawlessness”)* is not
something to be scrupulously avoided, but rather encouraged. Witness the
following quotation from the eminent legal authority above-mentioned:
“Jury lawlessness is the greatest corrective of law in its actual
administration. The will of the state at large imposed on a reluctant
community, the will of a majority imposed on a vigorous and determined
minority, find the same obstacle in the local JURY that formerly
confronted kings and ministers.” (emphasis added) (Dougherty cited above,
note 32 at 1130)
*Supreme is not capitalized in the Constitution, however Behavior is.
*Jury lawlessness means willingness to nullify bad law.
The Right of the JURY to be Told of Its Power
Almost every JURY in the land is falsely instructed by the judge
when it is told it must accept as the law that which is given to them by
the court, and that the JURY can decide only the facts of the case.
This is to destroy the purpose of a Common Law JURY, and to permit the
imposition of tyranny upon a people.
“There is nothing more terrifying than ignorance in action.”
-Goethe (engraved on a plaque
at the Naval War College)
“To embarrass justice by a multiplicity of laws, or to hazard
it by confidence in judges, are the opposite rocks on which all
civil instructions have been wrecked.”
-Johnson (engraved in
Minnesota State Capitol
Outside the Supreme Court
Chambers)
“. . . The letter killeth, but the spirit giveth life.”
-II Corinthians 3:6
“It is error alone which needs the support of government.
truth can stand by itself.”
-Thomas Jefferson
The JURY’S options are by no means limited to the choices presented
to it in the courtroom. “The jury gets its understanding as to the
arrangements in the legal system from more than one voice. There is
the formal communication from the ‘judge.’ There is informal
communication from the total culture — literature; current comment,
conversation; and, of course, history and tradition.” (Dougherty cited
above, at 1135)
LAWS, FACTS AND EVIDENCE!
Without the power to decide what facts, law and evidence are
applicable, JURIES cannot be a protection to the accused. If people
acting in the name of government are permitted by JURORS to dictate any
law whatever, they can also unfairly dictate what evidence is admissible
or inadmissible and thereby prevent the WHOLE TRUTH from being
considered. Thus if government can manipulate and control both the law
and the evidence, the issue of fact becomes virtually irrelevant. In
reality, true JUSTICE would be denied leaving us with a trial by
government and not a trial by JURY!
HOW DOES TYRANNY BEGIN?
WHY ARE THERE SO MANY LAWS?
Heroes are men of glory who are so honored because of some heroic
deed. People often out of gratitude yield allegiance to them. Honor
and allegiance are nice words for power! Power and allegiance can only
be held rightfully by trust as a result of continued character.
When people acting in the name of government violate ethics, they
break trust with “WE THE PEOPLE.” The natural result is for “WE THE
PEOPLE” to pull back power (honor and allegiance).
The loss of power creates fear for those losing the power. Fearing
loss of power, people acting in the name of government often seek to
regain or at least hold their power. Hence, to legitimize their quest
for control, laws and force are often instituted.
Unchecked power is the foundation of tyranny. It is the JUROR’S duty
to use the JURY ROOM as a vehicle to stem the tide of oppression and
tyranny: To prevent bloodshed by peacefully removing power from those who
have abused it. The JURY is the primary vehicle for peaceful restoration
of LIBERTY, POWER AND HONOR TO “WE THE PEOPLE!”
YOUR VOTE COUNTS!
Your vote of NOT Guilty must be respected by all members of the
JURY — it is the RIGHT and DUTY of a JUROR to Never, Never, Never yield
his or her sacred vote — for you are not there as a fool, merely to
agree with the majority, but as an officer of the court and a qualified
judge in your own right. Regardless of the pressures or abuse that may
be heaped on you by any other members of the JURY with whom you may be
in good conscience to disagree, you can await the reading of the verdict
secure in the knowledge you have voted your own conscience and
convictions — and not those of someone else.
YOU ARE NOT A RUBBER STAMP!
By what logic do we send our youth to battle tyranny on foreign
soil, while we refuse to do so in our courts? Did you know that many
of the planks of the “Communist Manifesto” are now represented by law
in the U.S.? How is it possible for Americans to denounce communism and
practice it simultaneously.
The JURY judges the Spirit, Motive and Intent of both law and the
Accused, whereas the prosecutor only represents the letter of the law.
Therein lies the opportunity for the accomplishment of “LIBERTY
and JUSTICE for ALL.” If you, and numerous other JURORS throughout the
State and nation begin and continue to bring in verdicts of NOT GUILTY
in such cases where nam-made statute is defective or oppressive, these
statutes will become as ineffective as if they had never been written.
“If we love wealth better than liberty, the tranquility of
servitude better than the animating contest of freedom, go home
from us in peace. We ask not your counsels or your arms. Crouch
down and lick the hands which feed you. May your chains set
lightly upon you, and may posterity forget that ye were our
countrymen.”
-Samuel Adams
SEC. II GIVE ME LIBERTY OR GIVE ME DEATH!
PATRICK HENRY SHOCKED!
Young Christian attorney Patrick Henry saw why a JURY of PEERS is so vital to FREEDOM! It was March 1775 when he rode into the small town of Culpeper, Va. he was totally shocked by what he saw! There, in the middle of the town square was a minister tied to a whipping post, his back laid bare and bloody with the bones of his ribs showing. He had been scourged like JESUS, with whips laced with metal.
Patrick henry is quoted as saying: "When they stopped beating him, I could see the bones of his rib cage. I turned to someone and asked what the man had done to deserve a beating such as this."
SCOURGED FOR NOT TAKING A LICENSE!
The reply given him was that the man being scourged was a minister who refused to take a license. He was one of twelve who were locked in jail because they refused to take a license. A license often becomes an arbitrary control by the government that makes a crime out of what ordinarily would not be a crime. IT TURNS A RIGHT INTO A PRIVILEGE!
Three days later they scourged him to death.
This was the incident which sparked Christian attorney Patrick Henry to write the famous words which later would become the rallying cry of the Revolution. "What is it that gentlemen wish? What would they have? Is life so dear, or peace so sweet, as to be purchased at the price of chains and slavery? Forbid it, Almighty God! I know not what course others may take, but as for me, GIVE ME LIBERTY OR GIVE ME DEATH!" Later he made this part of his famous speech at St. John's Episcopal Church in
Williamsburg, Va.
JURY OF PEERS
Our forefathers felt that in order to have JUSTICE, it is obvious
that a JURY of "PEERS" must be people who actually know the defendant. How else would they be able to judge motive and intent?
"PEERS" of the defendant, like RIGHTS of the JURY have also been
severely tarnished. Originally, it meant people of "equals in station and rank," (Black's 1910), "free-holders of a neighborhood," (Bouvier's 1886), or "A companion; a fellow; an associate. (Webster's 1828).
WHO HAS THE RIGHT TO SIT ON A JURY?
Patrick Henry, along with others, was deeply concerned as to who has a right to sit on a JURY. Listen to our forefathers wisdom on the subject of "PEERS."
MR. HENRY
"By the bill of rights of England, a subject has a right to a trial by his peers. What is meant by peers? Those who reside near him, his neighbors, and who are well acquainted with his character and situation in life." Patrick Henry (Elliot, "The Debates in Several State Conventions on the Adoption of the Federal Constitution, 3:579)
Patrick Henry also knew that originally the JURY of PEERS was
designed as a protection for Neighbors from outside governmental
oppression. Henry states the following, "Why do we love this trial by jury? Because it prevents that hand of oppression from cutting you off . . . This gives me comfort -- that, as long as I have existence, my neighbors will protect me." (Elliot, 3:545, 546).
MR. HOLMES
Mr. Holmes, from Massachusetts, argued strenuously that for JUSTICE to prevail, the case must be heard in the vicinity where the fact was committed by a JURY of PEERS. " . . . a jury of peers would, from their local situation, have an opportunity to form a judgment of the CHARACTER of the person charged with the crime, and also to judge of the CREDIBILITY of the witnesses." (Elliot, 2:110).
+-----------------------------------------+
| The people are masters of both Congress |
| and courts, not to overthrow the |
| Constitution, but to overthrow the men |
| who pervert it! |
| -Abraham Lincoln |
+-----------------------------------------+
MR. WILSON
Mr. Wilson, signer of "The unanimous Declaration," who also later
became a supreme Court Justice, stressed the importance of the JURORS knowing personally both the defendant and the witnesses.
"Where jurors can be acquainted with the characters of the parties and the witnesses --
where the whole cause can be brought within their knowledge and view -- I know no mode of investigation equal to that by a trial by jury: they hear every thing that is alleged; they not only hear the words, but they see and mark the features of the countenance; they can judge of weight due to such testimony; and moreover, it is a cheap and expeditious manner of distributing justice. There is another advantage annexed to the trial by
jury; the jurors may indeed return a mistaken or ill-founded verdict' but their errors cannot be systematical." (Elliot, 2:516)
FREEDOM FOR WILLIAM PENN
"Those people who are not governed by GOD will be ruled by
tyrants." -William Penn
Edward Bushnell and three fellow JURORS learned this lesson well.
They refused to bow to the court. They believed in the absolute power of the JURY, though their eight companions cowered to the court. The four JURORS spent nine weeks of torture in prison, often without food and water, soaked with urine, smeared with feces, barely able to stand, and even threatened with fines, yet they would not give in to the judge.
Edward Bushnell said, "My liberty is not for sale," though he had great wealth and commanded an international shipping enterprise. These "bumble heads", so the court thought, proved the power of the people was stronger than any power of government. They emerged total victors.
THE FIRST AMENDMENT
The year was 1670, and the case Bushnell sat on was that of William Penn, who was on trial for violation of a "Conventicle Act." This was an elaborate Act which made the Church of England the only legal church.
The Act was struck down by their not guilty vote. Freedom of Religion was established and became part of the English Bill of Rights and later it became the First Amendment to the U.S. Constitution. In addition, the Right to peaceful assembly was founded, Freedom of Speech, and also habeas corpus. The first such writ of habeas corpus ever issued by the Court of Common Pleas was issued to free Edward Bushnell. Later this
trial gave birth to the concept of Freedom of the press.
Had Bushnell and his colleagues yielded to the guilty verdict sought by the judge and prosecutor, William Penn most likely would have been executed as he clearly broke the law.
HE BROKE THE LAW!
There would have been no Liberty Bell, no Independence Hall, no city of Philadelphia, and no state called Pennsylvania, for young William Penn, founder of Pennsylvania, and leader of the Quakers, was on trial for his life. His alleged crime was preaching and teaching a different view of the Bible than that of the Church of England. This appears innocent today, but then, one could be executed for such actions. He believed in freedom of religion, freedom of speech and the right to peaceful assembly. He had broken to government's law, but he had injured no one. The four heroic JURORS knew that only when actual injury to someone's person or property take place is there a real crime. No law
is broken when no injury can be shown. Thus there can be no loss or termination of rights unless actual damage is proven. Many imposter laws were repealed as a result of this.
IT IS ALMOST UNFAIR!
The trial made such an impact the every colony but one established the jury as the first liberty to maintain all other liberties. It was felt that the liberties of people could never be wholly lost as long as the jury remained strong and independent, and that unjust laws and statutes could not stand when confronted by conscientious JURORS.
JURORS today face an avalanche of imposter laws. JURORS not only still have the power and the RIGHT, but also the DUTY, to nullify bad laws by voting "not guilty." At first glance it appears that it is almost unfair, the power JURORS have over government, but necessary when considering the historical track record of oppression that governments have wielded over private citizens.
JEFFERSON'S WARNINGS!
In 1789 Thomas Jefferson warned that the judiciary if given too much power might ruin our REPUBLIC, and destroy our RIGHTS!
"The new Constitution has secured these [individual rights] in the Executive and legislative departments: but not in the Judiciary. It should have established trials by the people themselves, that is to say, by jury."
The Judiciary of the United States is the subtle corps of sappers
and miners constantly working under ground to undermine the foundations of our confederated fabric." (1820)
". . . the Federal Judiciary; an irresponsible body (for impeachment is scarcely a scarecrow), working like gravity by night and by day, gaining a little to-day and a little to-morrow, and advancing its noiseless step like a thief, over the field of jurisdiction, until all shall be usurped from the States, and the government of all be consolidated into one.
. . . when all government . . . in little as in great things, shall be drawn to Washington as the centre of all power, it will render powerless the checks provided of one government on another and will become as venal and oppressive as the government from which we separated. (1821)
"The opinion which gives to the judges the right to decide what laws are constitutional and what are not, not only for themselves in their own sphere of action, but for the legislative and executive also in their spheres, would make the judiciary a despotic branch.
". . . judges should be withdrawn from the bench whose erroneous
biases are leading us to dissolution. It may, indeed, injure them in fame or fortune; but it saves the Republic. . ."
SEC. III INDEX TO THE ORIGINAL DOCUMENTS
GENERAL INDEX TO:
THE UNANIMOUS DECLARATION
I. Need to dissolve certain political relationships.
II. Need to assume powers which God entitles man.
III. Declaring separation from an unjust government.
IV. Self-evident truths elaborated.
A. All men are created equal.
B. God our Creator gives to each unalienable Rights
1. Life, Liberty, Happiness, property, safety, respect, privacy, etc.
C. The purpose of government is to protect the weak from the strong.
1. Fact: The Revolution was not out of rebellion by the colonies, but rather England rebelled against God's Law by repeated injuries of usurpation and tyranny. The young colonies were forced to defend themselves against England's tyranny.
a. eg. Bad laws, bad courts, police state (swarms of
soldiers), taxes without consent, deprived of trial by jury, deporting people for trial, England declared the colonies out of their protection, rights of individuals plundered.
b. The colonies repeatedly petitioned England, but only received repeated injury.
c. England was warned from time to time.
d. England was deaf to the voice of justice.
V. The colonies appealed to God the Supreme Judge of the world.
VI. The colonies right to be free and independent.
VII. Under the protection of God they pledged their lives, fortunes and honor.
GENERAL INDEX TO:
CONSTITUTION OF THE UNITED STATES
Preamble: The people hold the power: "We the People . . . in order to form a more perfect union, . . . and secure the blessing of liberty . . ."
ARTICLE I.
SECTION.
1. Legislative powers.
2. House of representatives; qualifications of members; appointment of representatives and direct taxes; census; first appointment; vacancies; officers of the house; impeachments.
3. Senate, classification of senators; qualifications of; vice president to preside; other officers; trial of impeachments.
4. Election of members of congress; time assembling of congress.
5. Powers of each house; punishment for disorderly Behaviour; journal; adjournments.
6. Compensation and privileges; disabilities of members.
7. Revenue bills; passage and approval of bills; orders and resolutions.
8. General powers of congress; borrowing money; regulating commerce; naturalization and bankruptcy; money; weights and measures; counterfeiting; post offices; patents and copyrights; inferior courts; piracies and felonies; war; marque and reprisal; armies; navy; land and naval forces; calling the militia; District of Columbia; to enact laws necessary to enforce the Constitution.
9. Limitations of congress; migration; writ; of habeas corpus; bills of attainder and ex post facto laws prohibited; direct taxes; exports not to be taxed; interstate shipping; drawing money from the treasury; financial statements to be published; titles of nobility and favors from foreign powers prohibited.
10. Limitations of the individual states; no treaties; letters of marque and reprisal; no coining of money; bills of credit; not allowed to make any Thing but gold and silver Coin for payment of debts; no bills of attainder; ex post facto Law or law impairing the obligation of contracts; no title of nobility; state imposts and duties; further restrictions on state powers.
ARTICLE II.
SECTION
1. Executive powers; electors; qualifications, vacancy, compensation and Oath of the president.
2. Powers and duties of the president; making of treaties; powers of appointments.
3. Other powers and duties.
4. All government officers are liable to impeachment.
ARTICLE III.
SECTION
1. Judicial powers; all judges must have good Behaviour to stay in office; compensation not to be diminished.
2. Jurisdiction of federal courts and supreme court; trials for crime by jury except impeachment.
3. Treason defined; trial for and punishment.
ARTICLE IV.
SECTION
1. Message to the states; each state is to give full faith and credit to public acts and records of other states.
2. Citizens of each state shall be entitled; fleeing from justice.
3. Admission of new states; power of congress over territories.
4. Republican form of government guaranteed to every state; protection from invasion or domestic violence.
ARTICLE V.
SECTION
1. Amending the Constitution.
ARTICLE VI.
SECTION
1. National obligations; Public debt; Constitution to be the supreme Law of the land; Constitutional Oath of office; no religious test required.
ARTICLE VII.
SECTION
1. Ratification of the Constitution; George Washington signs Twelfhindi, the highest ranking Saxon government, e.g.. He was equal of 1200 King Georges, or you as a juror are equal to 1200 presidents, congressmen or judges, local, federal or of the supreme Court.
GENERAL INDEX TO:
THE BILL OF RIGHTS
and Amendments
PREAMBLE: Limiting the federal government: An expressed desire to prevent abuse of federal powers!
ARTICLES -- COMMON LAW
I. Religious freedom, both to an establishment as well as the free exercise thereof; freedom of speech, press; right of petition.
II. Right to bear arms.
III. Quartering of soldiers.
IV. The right to privacy and security against unreasonable search and seizures; search warrants.
V. Grand Jury, double jeopardy, no one must witness against himself, no loss of life, liberty or property without due process.
VI. Speedy and public trials, impartial jury; nature and cause, right to confront; compulsory witnesses, assistance of Counsel -- note, does not say attorney.
VII. Right to trial by jury according to the rules of common law -- Ten Commandments are the foundation of Common Law.
VIII. Excessive bail, fines, punishment etc. prohibited.
IX. Rights beyond Bill of Rights belong to the people.
X. Undelegated powers belong to the people unless given by the people to the states.
Articles I-X were proposed Sept. 25, 1789, ratified Dec. 15, 1791.
AMENDMENTS -- EQUITY LAW
XI. Restriction of judicial powers, proposed Mar. 5, 1794, adopted Jan. 8, 1798.
XII. Manner of electing the president and vice president, proposed Dec. 12, 1803, adopted Sept. 25, 1904.
XIII. Slavery and involuntary servitude prohibited, took effect* Dec. 18, 1865.
XIV. Citizenship and status defined, privilege of 2nd, 3rd, or whatever status of citizenship one selects for oneself, as opposed to Freeholder with full sovereign rights; apportionment of representatives; who is prohibited from holding office; public debt. Caution: There is serious doubt as to the legality of this amendment because of the manner of ratification which was highly suspect. At least 10 States were held by force of arms until the proper authorities agreed to vote for this amendment. An excellent overview of this was written by the Utah Supreme Court -- 439 Pacific Reporter 2d Series pp 266-276, and for a more detailed account of how the 14th amendment was forced upon the Nation see articles in 11 S.C. L. Q. 484 and 28 Tul. L. Rev. 22., took effect July 28, 1868.
XV. Non Freeholders given right to vote, took effect Mar. 30, 1870.
XVI. Income tax, took effect Feb. 25, 1913, possibly only four states ratified it properly.
XVII. Direct elections of senators; electors; vacancies in the senate, took effect May 31, 1913. This moved us from a complex Republic to a simple Republic much like the style of government of the Soviet Union. State rights were lost and we were plunged headlong into a democracy of which our forefathers warned was the vilest form of government because it always ends in oppression.
XVIII. Prohibition of liquor traffic, took effect Jan. 29, 1920.
XIX. Voting for women, took effect Aug. 27, 1920.
XX. Terms of the president, vice president, senators and representatives; date of assembling of congress, vacancies of the president, power of congress in presidential succession, took effect Feb. 6, 1933.
XXI. Eighteenth Article repealed; took effect Dec. 5, 1933.
XXII. Limits of the presidential term, took effect mar. 1, 1951.
XXIII. Electors for the District of Columbia, took effect April 3, 1961.
XXIV. Failure to pay any tax does not deny one the right to vote, took effect Feb. 4, 1964.
XXV. Filling the office of the president or vice president during a vacancy, took effect Feb. 23, 1967.
XXVI. Right to vote at 18, took effect July 5, 1971.
* Took effect is used as there is a great deal of suspicion as to the nature of these amendments (common law vs. equity), also whether the last 16 amendments are legal, how many were ratified correctly, do they create a federal constitution in opposition to the original, etc.
For further studies a good place to begin is with the article by the Utah Supreme Court on the 14th amendment, 439 Pacific Reporter 2d Series, pp 266-276, and Senate Doc. 240.
END
“We ought to obey God rather than men.” —Acts 5:29
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“If we stuck to the Constitution as written, we would have: no federal meddling in our schools; no Federal Reserve; no U. S. membership in the U.N.; no gun control; and no foreign aid. We would have no welfare for big corporations, or the “poor”; No American troops in 100 foreign countries; no NAFTA, GATT, or “fast-track”; no arrogant federal judges usurping states rights; no attacks on private property; and no income tax. We can get rid of most of the cabinet departments, most of the agencies, and most of the budget. The government would be small, frugal, and limited.”
—CONGRESSMAN RON PAUL