The Citizens Rule Book
JURY HANDBOOK
LINCOLN said "Study the Constitution!"
"Let it be preached from the pulpit, proclaimed in legislatures, and enforced in
courts of justice."
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repealed or restrained by human laws; rights derived from the Great Legislator of the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
JURY DUTY
YOU ARE ABOVE THE LAW!
JURY RIGHTS
LAW OF THE LAND
TEN COMMANDMENTS
COMMUNIST MANIFESTO
GIVE UP RIGHTS?
JURY TAMPERING?
PATRICK HENRY SHOCKED
JURY OF PEERS
FREEDOM FOR WILLIAM PENN
JEFFERSON'S WARNINGS!
INDEX TO THE DOCUMENTS
Index to the unanimous Declaration
Index to the Constitution of the United States
Index to the Amendments to Constitution of the United States
THE DECLARATION OF
INDEPENDENCE
THE CONSTITUTION
THE BILL OF RIGHTS
Copies of this information are
available from Whitten Printers
Links to Related Subjects
Section I
A HANDBOOK FOR JURORS
Jury Duty!
The purpose of this information if to revive, as Jefferson put it, "The Ancient
Principles." It is not designed to promote lawlessness or a return to the jungle. The
"Ancient Principle" 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 area between the force of government and FREEWILL of
man. LIBERTY brings FREEDOM of choice to work, to trade, to go and live
wherever one wishes; it leads to ABUNDANCE. ABUNDANCE, if made an end in 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 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: BONDANGE!!!
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 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. The 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 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 ever 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 government,
permission must be obtained from people serving on the Grand Jury! The Minneapolis Star
and Tribune in the March 27th 1987 edition noted a purpose of the Grand Jury 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 a 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 truly are answerable only 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 30th 1984 edition, entitled: "What
judges don't tell the juries" stated:
"At the time of the adoption of the Constitution, the jury's role as 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
the 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 the 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 a kind of
safety valve, a 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 judge a needed lesson in civics."
This information 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 true 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 application 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 GUILTY 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!
"WE THE PEOPLE," must relearn a desperately needed lesson in civics.
The truth of this question has been answered by many testimonies and historical events.
Consider the following:
JURY RIGHTS
"The jury has a right to judge both the law as well as the fact in
controversy."
John Jay, 1st Chief Justice
United States 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 instance of the jury's exercise of its
prerogative to disregard instructions of the judge..."
U.S.vs Dougherty, 473 F 2nd 113, 1139, (1972)
LAW OF THE LAND
The general misconception is that any statute passed by legislators 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 U.S. (2 Cranch) 137, 174, 176, (1803)
"Where rights secured by the Constitution are involved, there can be no rule
making or legislation which would abrogate them quot;
Miranda vs Arizona,
384 U.S. 436 p. 491.
"An unconstitutional act is not law; it confers no right; 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 U.S. 425 p.442
"The general rule is that an unconstitutional statute, though having the form and
the name of law, in 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."
16th American Jurisprudence 2d, Section 177
late 2nd, Section 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's person or
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 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
the despising or neglecting the precepts contained in 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. Aboliton to all rights of inheritance.
4. Confiscation of property of all emigrants and rebels.
5. A Central bank
|
6. Government control of
Communications and Transportation
7. Government ownership of factories and
agriculture.
8. Government control of labor.
9. Corporate farms, regional planning.
10. Free education for all children in govenment
contolled schools |
GIVE UP RIGHTS
FOR THE "COMMON GOOD"?
When the people fear the government you have tyranny; when 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 RIGHTS for
the good of the community. In other words, people acting in the name of government, say we
need more laws and more JURORS to enforce these laws - even if we have to
give up some more 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 the perfect society. We could chain everybody
to a tree, for lack of TRUST. This may prevent a 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 shoud 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 Penn 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 e.g. FREEDOM of RELIGION, SPEECH, LEARNING,
TRAVEL, SELF-DEFENSE, ETC. Hence laws and statutes which violate NATURAL RIGHTS,
though they have the color of law, are not law but imposters! 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 in his book
Essay on the Trial by Jury 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 lose 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
a veto, they have no power whatever in the government and ...no liberties...The trial by
jury is the only institution that gives the weaker party any veto power 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."
The Complete TEXT of The Essay on the Trial by Jury is
HERE
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 United States illustrates the TRUE POWER OF THE JURY. In the February term
of 1794, the supreme (Supreme is not capitalized in the Constitution, however Behavior is.
Art. III) 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 your 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 aquit 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 to 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 any particular case (sometimes referred to as
"JURY lawlessness" {jury lawlessness means willingness to nullify bad
law}) 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
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 in the case. This is to destroy the purpose of a Common Law
JURY,
and to permit the imposition of tyranny upon the people.
"There is nothing more terrifying than ignorance in action."
- Goethe - engraved on a plaque at the Naval War College
"To embarass justice by a multiplicity of laws, or to hazard it by confidence in
judges, are the opposite rocks on which all civil institutions have been wrecked."
- Johnson - engraved in the Minnesota State Capitol
- Outside the supreme Court Chambers
"...The letter killeth, but the spirit giveth life."
II Corinthians 3 vs 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 the 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
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 the loss of power,
people acting in the name of government often seek to regain or at least hold their power.
Hence, to legitimatize 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 the peaceable restoration of LIBERTY, POWER AND HONOR TO "WE THE
PEOPLE!"
YOUR VOTE COUNTS!
Your vote of NOT GUILTY must be respected by all other members of the JURY -it
is the RIGHT and the 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 in good conscience 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 the 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 a man-made
statute is defective or oppressive, these statutes will become as ineffective as if they
had never been written.
"If ye 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
-
Section 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 a small town of Culpepper, Virginia. 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 mercilessly 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 such
a beating as this."
SCOURAGED 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 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 became 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 no what
course others may take, but as for me, GIVE ME LIBERTY OR GIVE ME
DEATH!"(view complete speech here) Later he made this part of his famous speech
at Saint John's Episcopal Church in Williamsburg, Virginia.
JURY OF PEERS
Our forefathers felt that in order to have JUSTICE, it was 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 the rights of the JURY have also been severely
tarnished. Originally, it meant people of "equals in station and rank." (Black's
Law Dictionary, 1910), "freeholders of a neighborhood," (Bouvier's Law
Dictionary, 1886), or a "A companion; a fellow; an associate." (Webster's 1828
Dictionary of the English Language).
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 forefather's 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 his 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 the 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 the 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 the 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).
MR.WILSON
Mr. Wison, signer of "The unanimous Declaration," who also later became a
supreme Court Justice, stressed the importance of the JUROR'S knowing personally both the
defendant and the witnesses. "Where jurors can be aquainted with the characters of
the parties and the witnesses - where the whole cause can be brought within their
knowledge and their 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 expedious manner of distributing justice. There is another
advantage anexed 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 Bushell 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 or 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
Bushell 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 Bushell sat on was that of William Penn, who was on
trial for violation of the "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 Constitution of the United
States. 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 used to free Edward Bushell. Later this trial gave
birth to the concept of Freedom of the press.
Had Bushell 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!
Then 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 the government's law, but he had injured no one. Those four heroic JURORS
knew that only when actual injury to someone's person or property takes 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 case.
IT IS ALMOST UNFAIR!
This trial made such an impact that every colony but one established the jur y 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." (emphasis added)
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
tomorrow, 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 which we separated."
1821 (emphasis added)
"The opinion which gives to the judges the right to decide what laws are
constitutional and what 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..."
To read more of Jefferson's warnings, visit our
Quotes from
Thomas Jefferson on Politics and Government
Section 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 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.
D. Right and duty to abolish bad government.
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 the King'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 blessings of liberty..."
ARTICLE I
SECTION:
1. Legislative powers.
2. House of representatives; qualification of members; apportionment of representatives
and direct taxes; census; first apportionment; 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 of money; regulations of 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; immigration; 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
a tender in payment of debts; no bills of attainder; ex post facto Law or law impairing
the obligation of contracts; no titles 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; power of appointment.
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 crimes by jury except
impeachment.
3. Treason defined; trial for and punishment.
ARITICLE 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 as a Twelfthindi,
the highest rank in Saxon government, eg. He was the equal of 1200 King Georges, or you as
a juror are equal to 1200 presidents, congressmen or judges, local, federal or 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 searches and seizures: search warrants.
V. Grand
Jury, double jeopardy, no one must witness against himself, no loss of life, liberty or
private 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 - (note: 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 September 25th, 1789, and ratified December 15th, 1791.
AMENDMENTS - EQUITY LAW
XI. Restriction
of judicial powers, proposed March 5th 1794, adopted January 8th, 1798.
XII. Manner
of electing the president and vice president, proposed December 12th 1803, adopted
September 25th, 1804.
XIII.
Slavery and involuntary servitude prohibited, took effect * December
18th 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 2nd Series pgs 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 28th, 1868.
XV. Non
Freeholders given right to vote, took effect March 30th, 1870.
XVI. Income
tax, took effect February 25th, 1913. possible only four States ratified it properly.
XVII.
Direct elections of senators; electors; vacancies in the senate, took effect May 31st,
1913. This moved us from a complete Republic to a simple republic much like the style of
government of the Soviet Union. States 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 January 29th, 1920.
XIX. Voting
for women, took effect August 27th, 1920.
XX. Terms
of the president, vice president, senators and representatives; date of assembling of
congress, vacancies of the president, power of the congress in presidential succession,
took effect February 6th, 1933.
XXI.
Eighteen Article (Prohibition) repealed, took effect December 5th, 1933.
XXII.
Limits of the presidential term, took effect March 1st, 1951.
XXIII.
Electors for the District of Columbia, took effect April 3rd, 1961
XXIV.
Failure to pay any tax does not deny one the right to vote, took effect February 23rd,
1964.
XXV.
Filling the office of the president or vice president during a vacancy, took effect
February 23rd, 1967.
XXVI. Right
to vote at 18, took effect July 5th 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 these 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,
pgs. 266-276 , and Senate Document 240.
-
JURY:...Petty
Juries, consisting usually of twelve men, attend courts to try matters of fact in
civil causes, and to decide both the law and the fact in criminal
prosecutions. The decision of a petty jury is called a verdict..
American Dictionary of the English Language by Noah Webster 1828
PROCLAIM LIBERTY! Inscribed on our hallowed LIBERTY BELL are these words "
Proclaim LIBERTY Throughout all the Land unto all the Inhabitants Thereof."
Lev. XXV X
"Government is not reason; it is not eloquence; it is force! Like fire, it is a
dangerous servant and a fearful master."
George Washington
"Woe to those who decree unjust statutes and to those who continually record
unjust decisions, to deprive the needy of justice, and to rob the poor of My people of
their rights..."
Isaiah 10 vs 1-2
"My people are destroyed for the lack of knowledge...!"
Hosea 4 vs 6
"The only thing necessary for evil to triumph is for good men to do nothing."
Edmund Burke 1729-1797
"If My people which are called by My name, shall humble themselves, and pray, and
seek My face, and turn from their wicked ways; then will I hear from Heaven, and will
forgive their sins, and will heal their land."
II Chronicles 7 vs 14
"We must obey GOD rather than men."
Acts 5:29
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Editorial Work by
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NOW IT'S YOUR TURN!
You - as a juror - armed merely with the knowledge of what a COMMON LAW
JURY really is and what your common law rights, powers and duties really are, can do more
to re-establish "liberty and justice for all" in this State and ultimately
throughout all of the United States than all our Senators and Representatives put
together. WHY? Because even without the concurrence of all of your fellow jurors, in a
criminal trial, you, with your single vote of "NOT GUILTY" can nullify every
rule of "law" that is not in accordance with the principles of natural,
God-given, Common or Constitutional Law. It is precisely this power of nullification that
makes the trial by JURY one of our most important RIGHTS. It can protect and
preserve all of the citizen's other RIGHTS.
Links to Related Subjects:
Right of Juries (untitled)
The Essay on the Trial By Jury by Lysander Spooner
"The Federalist Papers"#83 pertains to JURY
 The Citizen’s Rule Book
FOR PRINTING
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