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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."

 

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. Ill) 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 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 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 embarrass 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 out 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, (Elliont. 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 judgement 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. Wilson, 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 acquainted with the characters of the parties and the witnesses - where the whole cause can be brought within their knowledge and their view -1 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

"The 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 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." (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..."


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 behavior; 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; marquee 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, e.g. 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.

XVII.        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

 



[1]                 Reprinted with permission of the Author, Matthew Olson.