22 MAY 2014, Vol.1, No.55 > THE
CITIZEN-JURY HANDBOOK!
The POCAHONTAS CRIER
‘When the Righteous succeed the people rejoice,
But when the bad govern, men groan!’ – Proverbs 29:2
The Citizen-Jury Handbook!
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 OUR CREATOR…
NOT FROM THE
GOVERNMENT!
"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antecedent to all earthly governments; rights that cannot be repealed or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
INDEX TO THE DOCUMENTS
Section I
A HANDBOOK FOR JURORS
Jury Duty!
The purpose of this information 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, Statutes & Judgments of The Divine Law.
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 someone
else 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?’ attitude! 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 government. To be a good master you must always remember
the true ‘pecking order’ or chain of command in this nation is supposed
to be as follows:
1. Our Creator created man...
2. Man (that's you) created the
Constitution…
3. The Constitution created government...
4. Government created corporations...etc.
Now while according to
Our Founding Fathers the base of power is supposed to always remain in the
hands of WE THE PEOPLE, unfortunately it is now almost lost over the
last half-century to those Predatory-Corporations acting in the name of
government, that finance politicians, bureaucrats, judges, and lawyers,
etc. Corporations can now spend as much as they
want to buy political favors, policies, and politicians – since the case, Citizens United v. Federal Election
Commission, 558 U.S.
310, 130 S.Ct. 876 (21Jan2010) went into effect! Our ‘REPUBLIC’
as given to us by Our Founding Fathers has now slipped into Corporate Fascism = Corporatist State = Oligarchy
Capitalism = Mafia Capitalism = Crony Capitalism = Disaster Capitalism =
Monopoly Totalitarianism!
And as has been seen
increasingly within the halls of congress and numerous state legislatures within
the USA to date, the Constitution and the Laws of this Country are being
shredded in the drive to wipeout Organized Labor Unions and usher in total ‘Corporate Fascism’ at every level of society! BUT,
wherever there is action there is a reaction and for the first time in more than
six-decades – there are now millions of folks no longer afraid to being labeled
a “neo-this or that” – so kindly be
fair-warned that what you may learn from this summary may go a long way in
opening some folks eyes as to what the “Marxist-Communists”,
“Zionist-Capitalists”, “Corporate Media”, “Predatory Cartels”, “Corporate
Fascists”, “Corporatist State” & All
Totalitarians – DO NOT WANT YOU TO KNOW! But in the words of Our Redeemer, “The Truth shall set
you Free!”
Knowledge is Power, and Ignorance (lack-of-knowledge) is Poverty &
Pauperism! The following is for educational
purposes to awaken folks to the realities of what is taking place at all levels
of society, where a few want everything at the expense of everyone else:
1. A society that is totally ‘capitalist’
is one that is totally ‘privatized’
whereby nothing is held in common by the general population – but everything
and every aspect is privately-owned by some individual, family, corporation or
cartel that then arbitrarily sets the price that each person in society has to
pay for any given product or service.
This is ‘Corporate Fascism’ & the ‘Corporatist
State’ via its monopoly over every aspect of society where
decrees & mandates & ‘executive orders’ dictate policy – there are no democratic decisions & the very opposite of
a ‘Democratic-Republic’!
2. A society that is totally ‘communist’
is also one that is totally ‘privatized’ whereby nothing is held
in common by the general population – but where everything and every aspect is
privately-owned, yet claimed to be held in the name of the people by some ‘oligarchy’ that then arbitrarily sets the
price that each person in society has to pay for any given product or
service. This too is a ‘Corporatist State’ via its monopoly over
every aspect of society where decrees & mandates & ‘executive
orders’ dictate policy
– there are no democratic decisions & it’s also the very
opposite of a ‘Democratic-Republic’!
3.
In both types of
societies, the supreme power rests in the hands of a few persons, an ‘Oligarchy’, who by virtue of their supreme
wealth become a ‘Plutocracy’, and since nothing
is held in common with the rank & file Citizens – a government of thieves
known as a ‘Kleptocracy’ that also
functions within a ‘culture of corruption’!
- And most importantly of all, whether ‘capitalist or communist’, both types
of totalitarianism find their roots in Babylonian
Talmudism, as set
forth in the ‘Protocols of Zion’, when disclosed at
the turn of the last Century; see the full text of all 24 Protocols.
<
http://educate-yourself.org/cn/protocolsofsion.shtml
>
5.
Zionist-Karl Marx
was to ‘communism’ what Zionist-Milton Friedman was to ‘capitalism’ – both
systems need totalitarianism to fully succeed in their monopoly control over
raw materials, labor & production – and both systems are maintained
by an ‘Oligarchy’ that becomes a ‘Plutocracy’ that falls into a ‘Kleptocracy’
before an economic, political & social collapse – or a military defeat by a
foreign enemy!
As a result America has begun to function under
‘corporate-fascism’ instead of remaining a DEMOCRATIC-REPUBLIC! But even so, at this late date, we still have a THREE-PRONG
SYSTEM whereby we can try and maintain a ‘checks & balances’
system! Because of the BILLIONS
of dollars now spent on elections, as a people we are now being given only the
candidates that the ruling ‘Kleptocracy’ places before us – and it can be seen taking
place from the national level to the state level to the local level – thus
trying to VOTE for a change is becoming more & more difficult! BUT when it comes to the SECOND & THIRD PRONGS, we still have the option to ‘JUST SAY NO’ whenever we think a law is bad
and should be nullified – whether on a
Grand Jury or in a Courtroom-Jury!
Because this POWER still rests in the hands of a JURY – there are rumors
in the corporate-media that the ‘courts’ want to change FROM a JURY back TO a JUDGE or TRIBUNAL of Three-Judges
– just as found in Medieval Times and in the former Soviet Union! By the time that arrives, or shortly,
thereafter, we as a people may have risen up in a Second War for Independence against all
things ‘corporate’! In the
meantime, our check on ‘tyranny’, is as follows:
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 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 VOTE 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. v 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 v Madison, 5 US (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’, Miranda v Arizona, 384 US 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
v Shelby County, 118 US 425 p.442
‘The
general rule is that an unconstitutional statute, though having the form and
the name of law, 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 deities before
Me.
2. Thou shalt
not make unto thee any graven image.
3. Thou shalt not take the name of your Creator 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 ‘government’
which 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 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
Government-controlled schools
|
THE GREATER COMMON GOOD BEFORE
SELF OR ANY SPECIAL INTERESTS!
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 betterment of government. 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 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 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.’
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 loses their
liberties, when a government becomes oppressive. The stronger party, in all governments, is
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 is 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 [s]upreme 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 v. 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..." U.S.
v. 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.” 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 3:6
"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 abuses 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."
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 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. 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 - 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 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 ‘Coventicle 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 BILL OF 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
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)
"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 Our Creator entitles man.
III.
Declaring separation from unjust government.
IV.
Self-evident truths elaborated.
A. All men
are created equal.
B. 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
War of Independence was not out of rebellion by the colonies, but rather England
rebelled against The Divine Laws by repeated injuries of usurpation and
tyranny. The young colonies were forced to defend themselves against the King
George III'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 were 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 Our Creator, the Supreme Judge of the world.
VI.
The colonies right to be free and independent.
VII.
Under the protection of Our Creator they pledged their lives, fortunes and sacred
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; 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 marquee 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 Behavior 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.
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 as Twelfth-Hindi, 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.
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 verses 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 10:1-2
"My
people are destroyed for the lack of knowledge...!" – Hosea
4:6
"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 7:14
"We
must obey GOD rather than men."
– Acts 5:29
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 social 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 Law
and Constitutional Law. It
is precisely this power of nullification, i.e., nullifying a bad law that makes
the trial by JURY one of our most important RIGHTS. Along with the Second Amendment, it can
protect and preserve all of us Citizen's other RIGHTS.
THAT’S WHY…
On 04 NOVEMBER…there’s no excuse…
IT’S YOUR
CHOICE…
TO CHANGE THINGS FOR THE BETTER!
Just say ‘NO’ to
those who want to keep this county in Poverty & Pauperism
– and –
Just say ‘YES’ to
real Progress
& Prosperity for the future!
On Primary Day – YOU have a chance to elect two persons
that will always put YOU first! They know that:
THE
GREATER COMMON GOOD ALWAYS COMES BEFORE SELF OR ANY SELF-SERVING SPECIAL
INTERESTS!
Keep up to Date – Stay tuned to these Websites:
On 04 NOVEMBER it doesn’t matter how you are registered – YOU CAN VOTE
for:
CHARLES
WILFONG – ND
&
NORMAN
LEE ALDERMAN - SD
The Pocahontas Crier is an independent Internet News Service that has now endorsed
two candidates for County Commission
– CHARLES WILFONG & NORMAN LEE ALDERMAN –
in addition to providing in depth news reporting on important issues
directly affecting the Citizens of Pocahontas
County!
► The Pocahontas Crier is a free,
non-subscription, Internet News Service meant for entertainment in the true iconoclastic
‘muckraking’ tradition of questioning
authority, challenging corruption, and offering Common Sense Alternatives for The Greater Common
Good before Self or any Special Interests!
We struggle for Social Justice on all levels and are part of The Crier Coalition of Internet News Services
comprised of The
Pocahontas Commentator, The Pocahontas
Crier, Signal Fires of WV,
Rolling Thunder & Echoes from the
Holl’r. ◄
