Time: Sat Oct 11 21:13:54 1997
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Date: Sat, 11 Oct 1997 21:12:30 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Collection of Thoughts, Page 3, 10/12/97 (fwd)

>Lord Chief Justice MATHEW HALE (2 Hale P C 312) (1665): "...it
>was impossible any matter of law could come in question till
>the matter of fact were settled and stated and agreed by the
>jury, and of such matter of fact they [the jury] were the only
>competent judges."
>SIR JOHN VAUGHAN, Lord Chief Justice ("Bushell's Case, 124 Eng
>Reports 1006; Vaughan Reports 135, 1670): "...without a fact
>agreed, it is impossible for a judge or any other to know the
>law relating to the fact nor to direct [a verdict] concerning
>it. Hence it follows that the judge can never direct what the
>law is in any matter controverted."
>U.S. v. GAUDIN (S.Ct. 1995): in which SC
>ruled that juries are empowered to determine relevance and
>LYSANDER SPOONER (An Essay on the Trial by Jury, 1852): "Our
>American constitution have provided five...separate tribunals,
>to wit, representatives, senate, executive, jury, and judges;
>and have made it necessary that each enactment shall pass the
>ordeal of all these separate tribunals, before its authority
>can be established by the punishment of those who choose to
>transgress it. "
>LYSANDER SPOONER (An Essay on the Trial by Jury, 1852): "The
>authority to judge what are the powers of the government, and
>what are the liberties of the people, must necessarily be
>vested in one or the other of the parties themselves--the
>government, or the people; because there is no third party to
>whom it can be entrusted. If the authority be vested in the
>government, the government is absolute, and the people have no
>liberties except such as the government sees fit to indulge
>them with."
>LYSANDER SPOONER (An Essay on the Trial by Jury, 1852): "This
>preposterous doctrine, that "ignorance of the law excuses no
>one," is asserted by courts because it is an indispensable one
>to the maintenance of absolute power in the government."
>LYSANDER SPOONER (An Essay on the Trial by Jury, 1852):
>"...there can be no legal right to resist the oppressions of
>the government, unless there be some legal tribunal, other
>than the government, and wholly independent of, and above, the
>government, to judge between the government and those who
>resist its oppressions...."
>LYSANDER SPOONER (An Essay on the Trial by Jury, 1852): "The
>bounds set to the power of the government, by the trial by
>jury, as will hereafter be shown, are these--that the
>government shall never touch the property, person, or natural
>or civil rights of an individual, against his consent, (except
>for the purpose of bringing them before a jury for trial,)
>unless in pursuance and execution of a judgment, or decree,
>rendered by a jury in each individual case, upon such
>evidence, and such law, as are satisfactory to their own
>understandings and consciences, irrespective of all
>legislation of the government."

Paul Andrew Mitchell, Sui Juris      : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA;   M.S.: Public Administration, U.C.Irvine 02
tel:     (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night 03
email:   [address in tool bar]       : using Eudora Pro 3.0.3 on 586 CPU 04
website: http://supremelaw.com       : visit the Supreme Law Library now 05
ship to: c/o 2509 N. Campbell, #1776 : this is free speech,  at its best 06
             Tucson, Arizona state   : state zone,  not the federal zone 07
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_____________________________________: Law is authority in written words 09
As agents of the Most High, we came here to establish justice.  We shall 10
not leave, until our mission is accomplished and justice reigns eternal. 11
======================================================================== 12
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