Time: Wed Mar 19 19:56:38 1997
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Date: Wed, 19 Mar 1997 19:50:07 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: L&J: The Meaning of Freedom (fwd)
<snip>
>Will wrote:
>
>
>>What does it mean to be free? To be "self-governing"?
>>
>>It means at least this: We the People apply the law to ourselves;
>>we are not governed by a foreign agent.
>>
>>Thomas Jefferson remarked that, in his view, the jury trial system
>>was the only way that We the People could hold our freedom:
>>
>>
>> "It is my view that the jury trial is the only device
>> conceived by the mind of man by which a free government
>> may be held to the principles of its Constitution".
>> (approx from memory) (Thomas Jefferson)
>
>
>You have a good memory. Here is the exact quote, with complete credit and
>two sources by which it can be verified:
>
>"I consider that [the trial by jury] is the only anchor ever yet imagined
>by man, by which a government can be held to the principles of its
>Constitution."
>
>-- Thomas Jefferson, In A Letter To Thomas Paine, July 11, 1789
>
>Dr. Martin Larson, in *Jefferson Magnificent Populist*, P. 134
>
>*Writings Of Thomas Jefferson*, Edited By Baugh And Lipscomb, And Published
>By The Thomas Jefferson Memorial Association, Washington, D.C., 1903-05, 20
>Volumes, Vol. VII, Pp 404-08
>
>
>>
>>FIJA makes _a lot_ of sense. To me, we need to pursue that
>>concept: Every time a jury is convened, We the People take the
>>power of the judiciary in hand again: Our elected legislators
>>may write any laws at all but unless We the People apply
>>the enacted law to ourselves, the enacted law will lack force
>>and will be effectively void.
>>
>>When the Jury is seated: The Judge and Lawyers then answer to
>>the JURY, not vv. : We the People, through our juries, apply
>>the law to ourselves. Lawyers and Judges are irrelevant, once
>>a Jury is seated. And remember: if the amount at stake is
>>$20 the Right to a Jury trial is preserved.
>>
>>To do this will require communications, and more. A sense of urgency
>>must derive for without it we shall not find sufficient courage to
>>deal with this issue.
>
>
>A good tool for communication and great aid for FIJA, which conveys the
>sense of urgency without irrational hysteria, is the book *Remarkable
>Remedy* by Jean Carpenter. On p. 32 she has a discussion about the "most
>important check" of the checks and balances incorporated into the
>Constitution, "the one absolutely essential to the continuance of this
>republic as a free people." Also, in the full edition, which incorporates
>*The Treasury*, she has excerpts from Chapter One of Lysander Spooner's
>Essay (1852). Lysander Spooner was a widely acknowledged authority on the
>jury system.
>
>If you would be interested in knowing how to obtain this book, send me your
>snail mail address, and I will convey your wish to the publishers that they
>send you price information. I don't think they have email, but they happen
>to be located in the same city as I.
>
>Not only do we need FIJA, we need to be on guard that the jury system we
>have not suffer erosion. I have seen signs that it is under assault.
>
>Jean Westphal
>kidogo@ionet.net (kidogo)
>KIDOGO'S WORLD: http://www.ionet.net/~kidogo/
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
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