The Mental Militia Forums

Please login or register.

Login with username, password and session length
Pages: [1]   Go Down

Author Topic: TJ: "I will now tell you what I do not like...."  (Read 2999 times)

Junker

  • Guest
TJ: "I will now tell you what I do not like...."
« on: October 25, 2010, 05:20:42 pm »

Trial by Jury.-- "I will now tell you what I do not like.

First, the omission of a bill of rights, providing clearly, and
without the aid of sophism, for freedom of religion, freedom
of the press, protection against standing armies, restriction
of monopolies, the eternal and unremitting force of the habeas
corpus
laws, and trials by jury, in all matters of fact triable by
the laws of the land, and not by the laws of nations.  To say,
as Mr. Wilson does, that a bill of rights was not necessary,
because all is reserved in the case of the general governments
which is not given, while in the particular ones, all is given
which is not reserved, might do for the audience to which it
was addressed; and it is opposed by strong inferences from
the body of the instrument, as well as from the omission of
the cause of our present confederation, which had made
the reservation in express terms.  It was hard to conclude,
because there has been a want of uniformity among the
States as to the cases triable by jury, because some have
been so incautious as to dispense with this mode of trial
in certain cases, therefore, the more prudent States shall
be reduced to the same level of calamity.  It would have
been much more just and wise to have concluded the
other way, that as most of the States had preserved with
jealousy this sacred palladium of liberty, those who had
wandered should be brought back to it; and to have
established general right rather than general wrong.
For I consider all the ill as established, which may be
established.  I have a right to nothing, which another
has a right to take away; and Congress will have a right
to take away trials by jury in all civil cases.
  Let me add,
that a bill of rights is what the people are entitled to
against every government on earth, general or particular;
and what no just government should refuse, or rest on
inference." --From a letter to Madison, Paris, December
20, 1787. [my bold]



And our lovely quoters of TJ leave out so much, so as, perhaps,
not to put off TPTB.

"...a bill of rights is what the people are entitled to
against every government on earth"

Including against those wily state govts whose reps wrote
and adopted the US Constitution without one. And, I note
part of what was 'obvious' to TJ didn't make it into the
final, passed version of the BoR.  And once one was
passed, the idea was 'done.'  Real done.
Logged

MamaLiberty

  • Administrator
  • Sr. Member
  • *****
  • Offline Offline
  • Posts: 25985
  • Non aggression, self ownership
    • The Price of Liberty
Re: TJ: "I will now tell you what I do not like...."
« Reply #1 on: October 26, 2010, 07:30:41 am »

And I will still ask by what legitimate authority did ANY of them speak for everyone else - then, let alone now?
Logged
The lust to control the lives and property of others is the root of all evil.

Junker

  • Guest
Re: TJ: "I will now tell you what I do not like...."
« Reply #2 on: October 26, 2010, 07:36:26 pm »

TJ appears in the current American Juror, news
magazine of FIJA, talking about
"a bill of rights... freedom of religion, freedom
of the press, ... standing armies, ... monopolies"
and so on-- TJ in AJ, so to say.
                                                  Yay!



http://www.fija.org
Logged

eld och isen

  • Jr. Member
  • **
  • Offline Offline
  • Posts: 68
Re: TJ: "I will now tell you what I do not like...."
« Reply #3 on: October 26, 2010, 10:01:48 pm »

And I will still ask by what legitimate authority did ANY of them speak for everyone else - then, let alone now?

the same since governments began,
apathy of the governed
and might makes right, to them anyway



Logged

Junker

  • Guest
Re: TJ: "I will now tell you what I do not like...."
« Reply #4 on: October 28, 2010, 06:35:44 pm »

> "and might makes right, to them anyway"

As American as George Washington sending the "Standing Army"
to git them tax protesters hiding in Penn's Woods.
Logged
Pages: [1]   Go Up