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)
<snip>
>
>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
>materiality.
>
>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."
>
<snip>
===========================================================================
Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness 01
B.A.: Political Science, UCLA; M.S.: Public Administration, U.C.Irvine 02
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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
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