View single post by Joe Kelley
 Posted: Wed Aug 21st, 2019 07:03 pm
PM Quote Reply Full Topic
Joe Kelley

 

Joined: Mon Nov 21st, 2005
Location: California USA
Posts: 6400
Status: 
Online
Mana: 
Following is yet another historical record offered in Spooner’s Trial by Jury Essay. To those who have some cognizance of current affairs since Ruby Ridge, Waco, and a growing so-called Militia Movement, these words may offer some help along the lines of affecting an expedient, effective, just, remedy for the problem known as malfeasance in office, or in many other words, such as simple corruption.

Spooner:

Rapin, in his discourse on the “Origin and Nature of the English Constitution,” says:
“There are but two things the Saxons did not think proper to trust their kings with; for being of like passions with other men, they might very possibly abuse them; namely, the power of changing the laws enacted by consent of the king and people; and the power of raising taxes at pleasure. From these two articles sprung numberless branches concerning the liberty and property of the subject, which the king cannot touch, without breaking the constitution, and they are the distinguishing character of the English monarchy. The prerogatives of the crown, and the rights and privileges of the people, flowing from the two fore-mentioned articles, are the ground of all the laws that from time to time have been made by unanimous consent of king and people. The English government consists in the strict union of the king’s prerogatives with the people’s liberties. But when kings arouse, as some there were, that aimed at absolute power, by changing the old, and making new laws, at pleasure; by imposing illegal taxes on the people; this excellent government being, in a manner, dissolved by these destructive measures, confusion and civil wars ensued, which some very wrongfully ascribe to the fickle and restless temper of the English.” - Rapin’s Preface to his History of England.

Any collection of people anywhere in this area known collectively as the United States of America, can affect the expedient, effective, just, remedy at their pleasure. To fail to do so ensures, as a matter of course, inevitable escalations of violent confrontations.

The topic is Voluntary Mutual Defense. The following offering is not offered as a distraction from the topic, so as to then change the topic to relative attributes or flaws of the characters involved in authorizing the next information media offered in context of this present stream of information.

Title:
No More Free Wacos: An Explication of the Obvious Addressed to Eric Holder, Attorney General of the United States.
Date:
Wednesday, May 6, 2009

Excerpt:

“If we are no longer under the rule of constitutional law but are merely subject to irreversible bureaucratic diktat and we do not fancy being railroaded in a patently unfair federal trial where expert witnesses are denied access to evidence, then our options when approached by ATF agents are rather limited. It is plain, in the absence of the right of a fair trial, that a target of ATF investigation has little to lose by resorting to the right of an unfair gunfight. This may be an unintended consequence of those cases. It is nonetheless real.”

And another excerpt:

“ There's still lots of vicious drug gangs, murderous career criminals and real terrorists out there to keep them busy without picking a fight with honest American gunowners who merely want to be left alone.”

So there you have past experience moving to current experience in so many words. The following offers an alternative to rinse and repeat bloodbaths:

The People's Panel
The Grand Jury in the United States, 1634 - 1941
Richard D. Younger

Excerpt:

"THE GRAND JURY originated in England as the accusing body in the administration of criminal justice. At the Assize of Clarendon, in 1166, Henry II provided that twelve knights or twelve "good and lawful men" of every hundred and four lawful men of every vill disclose under oath the names of those in the community believed guilty of criminal offenses. Members of this inquisitorial body were obliged to present to the judge sworn accusations against all suspected offenders. Unlike petit juries, grand juries were not to pass upon guilt or innocence but were to decide only whether an individual should be brought to trial. At first all accusations originated with the members of the inquest themselves, but gradually the juries came to consider accusations made by outsiders as well. The jurors then heard only witnesses against the accused and, if they were convinced that there were grounds for trial, indicted him. They also passed upon indictments laid before them by crown prosecutors, returning a "true bill" if they found the accusation true or "no bill" if they found it false. However, the juries never lost their power to accuse on their own knowledge. This they did by making a presentment to the court. The presentment represented an accusation on the jury's own initiative while an indictment represented a charge that originated outside the membership. Under their power of presentment English grand juries could and did investigate any mater that appeared to them to involve a violation of the law."

Additional information from that last source quoted:

"They proved their effectiveness during the Colonial and Revolutionary periods in helping the colonists resist imperial interference. They provided a similar source of strength against outside pressure in the territories of the western United States, in the subject South following the Civil War, and in Mormon Utah. They frequently proved the only effective weapon against organized crime, malfeasance in office, and corruption in high places.

“But appreciation of the value of grand juries was always greater in times of crisis, and, during periods when threats to individual liberty were less obvious, legal reformers, efficiency experts, and a few who feared government by the people worked diligently to overthrow the institution. Proponents of the system, relying heavily on the democratic nature of the people's panel, on its role as a focal point for the expression of the public needs and the opportunity provided the individual citizen for direct participation in the enforcement of law, fought a losing battle. Opponents of the system leveled charges of inefficiency and tyranny against the panels of citizen investigators and pictured them as outmoded and expensive relics of the past. Charges of "star chamber" and "secret inquisition" helped discredit the institution in the eyes of the American people, and the crusade to abolish the grand jury, under the guise of bringing economy and efficiency to local government, succeeded in many states.”

That is already a huge wall of text, so for the next effort my intention at the moment is to move to a future step whereby the so-called Divine Right of Kings, with special powers over inferior subjects, is clarified with greater precision, and more importantly what happened in America after the people ended such nonsense, as the law-abiding volunteers took control of those prerogatives that were once the kings exclusive domain.

The idea will be to glue these seemingly confusing sources of data into something useful, a how-to guide for volunteers seeking that just remedy so as to avoid inevitable escalating violence between the criminals in government and the actual people who abide by the law.