Words of Encouragement

Never give in; never give in; never, never, never, never--in 
nothing great or small, large or petty--never give in except 
to convictions of honor and good sense.  Never yield to 
force; never yield to the apparently overwhelming might of 
the enemy.  Sir Winston Churchill, speech to students at 
Harrow, his old preparatory school.

**************************************************************

If you will not fight for the right when you can easily win 
without bloodshed, if you will not fight when your victory 
will be sure and not so costly, you may come to the moment 
when you will have to fight with all the odds against you 
and only a precarious chance for survival.  There may be a 
worse case.  You may have to fight when there is no chance 
of victory, because it is better to perish than to live as
slaves.
Winston Churchill

**************************************************************

Those who would give up essential liberty to purchase a 
little temporary safety deserve neither liberty nor safety.  
Benjamin Franklin, 20 years before the Bill of Rights

**************************************************************

Solon (594 B.C.), when asked how social justice could be 
achieved in Athens, said, "We can have justice whenever 
those who have not been injured by injustice are as outraged 
by it as those who have been."

**************************************************************

     Liberty can neither be got nor kept, but by so much Care 
that Mankind are generally unwilling to give the Price for it.  
"The Complete Works of George Savile, First Marquess of Halifax," 
1912, 224.

     A Man that should call every thing by its right Name, would 
hardly pass the Streets without being knocked down as a common 
enemy.  "The Complete Works of George Savile, First Marquess of 
Halifax," 1912, 246

     If none were to have Liberty but those who understand what 
it is, there would not be many freed Men in the World.  George 
Savile, "Political Thoughts and Reflections," 1750.

**************************************************************

     There is nothing so fearful as ignorance in action.  Johann 
Wolfgang von Goethe, Criticisms, Reflections and Maxims.

**************************************************************

     Penn was a leader of the quakers in London.  The sect 
was not recognized by the government and was forbidden to 
meet in any building for the purpose of worship.  In 1670 
William Penn held a worship service in a quiet street which 
was attended by a peaceful group of fellow Quakers.  Penn 
and another Quaker, William Mead, were arrested on a charge 
of disturbing the King's peace and summoned to stand trial.  
As the two men entered the courtroom, a bailiff ordered them 
to place their hats, which they had removed, back on their 
heads.  When they complied, they were called forward and 
held in contempt of court for being in the courtroom with 
their hats on.

     That was only the beginning.  Penn demanded to know 
under which law they were charged.  The court refused to 
supply that information and instead referred vaguely to the 
common law.  When Penn protested that he was entitled to a 
specific indictment, he was removed from the presence of the 
judge and jury and confined in an enclosed corner of the 
room known as the bale-dock.  From there, he could neither 
confront the witnesses who accused him of preaching to the 
Quakers nor ask them questions about their charges against 
him.

     Several witnesses testified that Penn had preached to a 
gathering which included Mead, but one showed some hesitancy 
as to whether Mead had been present.  The judge turned to 
Mead and questioned him directly.  In essence, he was asking 
Mead if he were guilty.  Mead invoked the common-law 
privilege against self-incrimination which provoked hostile 
comment from the judge.  The court then sent Mead to join 
Penn in the bale-dock out of the sight of the jury and 
witnesses.  After the testimony the court instructed the 
jury to find the defendants guilty as charged.  Penn tried 
to protest, but was silenced and again sent out of the 
courtroom.

     The jury, for its part, proved sympathetic to the two 
defendants, and refused the judge's command to find the 
defendants guilty.  The judge was furious and sent them away 
to reconsider.  When they returned with the same verdict, 
the court criticized the jury's leader, one Bushnell, and 
demanded "a verdict that the court will accept, and you 
shall be locked up without meat, drink, fire, and tobacco. . 
 . . We will have a verdict by the help of God or you will 
starve for it."

     Three more times the jury went out and returned with 
the same verdict.  Finally, they refused to go out any more.  
The judge fined each of them forty marks and ordered them 
imprisoned until the fine was paid.  Penn and Mead went to 
prison anyway for obeying the bailiff's order that they put 
on their hats.  Later a writ of habeas corpus won freedom 
for the jurors while Penn and Mead left jail to come to 
America.

Earl Warren, "A Republic, If You Can Keep It", pp. 113-115

************************************************************

     Penn:  I desire you would let me know by what law it is you 
prosecute me, and upon what law you ground my indictment.
     Rec.:  Upon the common-law.
     Penn:  Where is that common-law?
     Rec.:  You must not think that I am able to run up so many 
years, and over so many adjudged cases, which we call common-law, 
to answer your curiosity.
     Penn:  This answer I am sure is very short of my question, 
for if it be common, it should not be so hard to produce.
     Rec.:  The question is, whether you are Guilty of this 
Indictment?
     Penn:  The question is not, whether I am Guilty of this 
Indictment, but whether this Indictment be legal.  It is too 
general and imperfect an answeer, to say it is the common-law, 
unless we knew both where and what it is.  For where there is no 
law, there is no transgression; and that law which is not in 
being, is so far from being common, that it is no law at all.
     Rec.:  You are an impertinent fellow, will you teach the 
court what law is?  It is "Lex non scripta," that which many have 
studied 30 or 40 years to know, and would you have me tell you in 
a moment?
     Penn:  Certainly, if the common-law be so hard to understand 
it is far from being common.
     Trial of William Penn. 6 How. St. Trials (1670) 951, 958.  
Penn was refused admittance to the Quaker Meeting Hall and in 
protest began to preach in the street.  He was indicted under the 
common law for taking part in an unlawful and tumultuous 
assembly.  The jury refused to render a verdict of guilty and 
were taken into custody.

**************************************************************

No! No!  Sentence first--verdict afterwards.  Lewis Carroll, 
Alice in Wonderland, ch. 12

**************************************************************

A swallow had built her nest under the eaves of a Court of 
Justice.  Before her young ones could fly, a serpent gliding out 
of his hole ate them all up.  When the poor bird returned to her 
nest and found it empty, she began a pitiable wailing.  A 
neighbor suggested, by way of comfort, that she was not the first 
bird who had lost her young.  "True," she replied, "but it is not 
only my little ones that I mourn, but that I should have been 
wronged in that very place where the injured fly for justice."  
Aesop, Fables

**************************************************************

Everybody is presumed to know the law except His Majesty's 
judges, who have a Court of Appeal set over them to put them 
right.  WILLIAM HENRY MAULE (Judge, Common Pleas), attributed to.  
See Williams, "Criminal Law (1953) 386.

**************************************************************

Public wrongs are but popular rights in embryo.  LORD DARLING, 
"Meditations in the Tea Room," VII

**************************************************************

The law in its majestic equality, forbids the rich as well as the 
poor to sleep under bridges, to beg in the streets, and to steal 
bread.  ANATOLE FRANCE, Le Lys Rouge (The Red Lily), ch. 7.

**************************************************************

The law doth punish man or woman
That steals the goose from off the common,
But lets the greater felon loose
That steals the common from the goose.

**************************************************************

Taxation:  The art of so plucking the goose as to procure the 
most feathers with the least possible amount of hissing.  18th 
century French Maxim.  Attributed to Jean Baptiste Colbert, also 
to Talleyrand.

**************************************************************

The power to tax involves the power to destroy.  MARSHALL, C.J., 
McCulloch v. Maryland (1819,US) 4 Wheat 316, 431, 4 LEd. 579, 607

**************************************************************

It is true that taxes are the lifeblood of any government, but it 
cannot be overlooked that that blood is taken from the arteries 
of the taxpayers and, therefore, the transfusion is not to be 
accomplished except in accordance with the scientific methods 
specifically prescribed by the sovereign power of the State, the 
Legislature.  MUSMANNO, J., Urban Redevelopment Condemnation 
Case, 406 Pa. 6, 11 (1962).

**************************************************************

When there is an income tax, the just man will pay more and the 
unjust less on the same amount of income.  PLATO, Republic, bk 1, 
343-d

**************************************************************

The only protection of every citizen from such deprivation of 
rights is a strict adherence to the Bill of Rights by everyone 
for everyone.  This should be self-evident but the danger of 
erosion of rights stems largely from the fact that so many 
citizens of the majority, who have never been deprived of any of 
these rights, find it difficult to understand what the 
deprivation of them means in the lives of others." Earl Warren, 
"A Republic, If You Can Keep It", p. 48

**************************************************************

The law has not the need of special language most laymen think it 
has.  The law has not the need, but lawyers tend to act as though 
it did.  This is in part incompetence--it is easier to repeat a 
baggy formula than find words that really fit--and in part 
exploitation of man's liability to magic.  For centuries our 
lawyers, a priestly caste, used a mysterious tongue, composed of 
Latin, French, English, incantation and a bit of mumbling.  These 
continue, more or less, to the present day--Latin less, English 
more, French absorbed, incantation down a bit, mumbling steady.  
Charles Rembar, Attorney; The Law of The Land

**************************************************************

Interesting statistics about the American adult population:
     46% do not know that the original purpose of the 
Constitution was to create a Federal Government and define 
its powers
     26% confuse the Constitution with the Declaration of 
Independence and think its purpose was to declare our 
national separation from England
     59% do not know what the Bill of Rights is
     27% believe the Bill of Rights is a preamble to the 
Constitution
     49% incorrectly think the President can suspend the 
Constitution.
     Compiled in 1986 by Hearst Corporation telephone poll 
of 1,004 randomly selected adults across the Country.

**************************************************************

Education is the best security for maintaining liberties, and, "a 
nation of well-informed men who have been taught to know and 
prize the rights which God has given them cannot be enslaved.  It 
is in the region of ignorance that tyranny reigns." Benjamin 
Franklin, Autobiography

1 Timothy 1:
5 Now the end of the commandment is charity out of a pure 
heart, and of a good conscience, and of faith unfeigned; 
8 But we know that the law is good, if a man use it lawfully; 
9 Knowing this, that the law is not made for a righteous man, 
but for the lawless and disobedient, for the ungodly and for 
sinners, for unholy and profane....

-------------------------------------

For our friends: everything.
For strangers: nothing.
And, for our enemies, the Law!
  Latin-American saying.

-------------------------------------

It is organized violence on top which creates individual 
violence at the bottom.  Emma Goldman (1869-1940)

-------------------------------------

I needed the good will of the legislature of four states.  I 
"formed" the legislative bodies with my own money.  I found 
that it was cheaper that way.  Jay Gould (1836-1892) 
American capitalist.

-------------------------------------

(Hiram) Ulysses S. Grant (1822-1885) 18th President of the 
United States.  I know of no method to secure the repeal of 
bad or obnoxious laws so effective as their stringent 
execution.

-------------------------------------

Justice is the sum of all moral duty.  William Godwin (1756-
1836) English novelist, biographer, philosopher

-------------------------------------

Since government, even in its best state is an evil, the 
object principally to be aimed at is that we should have as 
little of it as the general peace of human society will 
permit.  William Godwin (1756-
1836) English novelist, biographer, philosopher

-------------------------------------

Liberalism is trust of the people tempered by prudence; 
Conservatism is distrust of the people tempered by fear.  
William E. Gladstone (1809-1898) English statesman

-------------------------------------

National injustice is the surest road to national downfall. 
William E. Gladstone (1809-1898) English statesman

-------------------------------------

I say, with Waite of Colorado, that the rivers of America 
will run with blood filled to their banks before we will 
submit to them taking the Bible out of our schools. William 
A. (Billy) Sunday (1862-1935) American evangelist.

-------------------------------------

It is a maxim among lawyers, that whatever hath been done 
before may legally be done again: and therefore they take 
special care to record all the decisions formerly made 
against common justice and the general reason of mankind.  
These, under the name of precedents, they produce as 
authorities, to justify the most iniquitous opinions; and 
the judges never fail of directing accordingly. Jonathan 
Swift (1667-1745) Gulliver's Travels

-------------------------------------

We have enough religion to make us hate, but not enough to 
make us love one another.  Jonathan Swift (1667-1745) 
English satirist

-------------------------------------

It is not from top to bottom that societies die; it is from 
bottom to top.  Henry George (1839-1897) American economist, 
reformer, champion of the single land tax

-------------------------------------

When there is an income tax, the just man will pay more and the unjust less on 
the same amount of income.  PLATO, Republic, bk 1, 343-d

-------------------------------------------------

A jury trial is a fight and not an afternoon tea.  RIDDELL, J., Dale v. Toronto 
R. W. Cjo. (1915) 34 Ont. L. R. 104, 108

-------------------------------------------------

The law itself is on trial, quite as much as the cause which is to be decided.  
HARLAN F. STONE, The Common Law in the United States, 50 Harv. L. Rev. 4 
(1936).

-------------------------------------------------

The United States Supreme Court has wittily been called the "court of ultimate 
conjecture."  JEROME FRANK, Law and the Modern Mind 46n. (1930).

-------------------------------------------------

O judge not a book by its cover
Or else you'll for sure come to grief,
For the lengthiest things you'll discover
Are contained in what's known as a Brief.
  J.P.C., 116 Just.P. 640 (1952)

-------------------------------------------------

He can compress the most words into the smallest ideas of any man I ever met.  
ABRAHAM LINCOLN, Hill, "Lincoln, the Lawyer" 218

-------------------------------------------------

The fundamental theory of liberty upon which all governments 
in this Union repose excludes any general power of the State 
to standardize its children by forcing them to accept 
instruction from public teachers only.  The child is not the 
mere creature of the State.  McREYNOLDS, J., Pierce v. 
Society of Sisters (1925) 268 US 510, 535, 69 L.Ed. 1070, 
1078, 45 SCt 571, 39 ALR 468

-------------------------------------------------

The whole history of English justice and police might be 
brought under this rubric.  "The Decline and Fall of the 
Sheriff."  FREDERIC WM. MAITLAND, Justice and Police, 69 
(1885)

-------------------------------------------------

The law is a bright light which blinds all reasonable men.

She offered her honor
He honored her offer.
And all night long
It was honor and offer.

A page of history is worth a volume of logic.
  Justice Holmes

A republic is not an easy form of government to live under, 
and when the responsibility of citizenship is evaded, 
democracy decays and authoritarianism takes over.
Earl Warren, "A Republic, If You Can Keep It", p 13

The only protection of every citizen from such deprivation 
of rights is a strict adherence to the Bill of Rights by 
everyone for everyone.  This should be self-evident but the 
danger of erosion of rights stems largely from the fact that 
so many citizens of the majority, who have never been 
deprived of any of these rights, find it difficult to 
understand what the deprivation of them means in the lives 
of others." Earl Warren, "A Republic, If You Can Keep It", 
p. 48

------------------------------------------------------------

The Constitution of the U.S.S.R. (Russia), adopted in
1936, and as amended in 1965, contains the following
provisions:

     "Article 125.  In conformity with the interests of the 
working people, and in order to strengthen the Socialist 
system, the citizens of the U.S.S.R. are guaranteed by law; 
(a) freedom of speech; (b) freedom of the press; (c) freedom 
of assembly including the holding of mass meetings; (d) 
freedom of street expressions and demonstrations."

     "Article 124.  In order to ensure to citizens freedom 
of conscience, the church in the U.S.S.R. is separated from 
the state, and the school from the church.  Freedom of 
religious worship and freedom of antireligious propaganda is 
recognized for all citizens."

     "Article 127.  Citizens of the U.S.S.R. are guaranteed 
inviolability of the person.  No person shall be placed 
under arrest except by decision of a court of law or with 
the sanction of a procurator."

     "Article 122.  Women in the U.S.S.R. are accorded all 
rights on an equal footing with men in all spheres of 
economic, government, culture, politics and other social 
activity."

     "Article 123.  Equality of rights of citizens of the 
U.S.S.R., irrespective of their nationality or race in all 
spheres of economic, government, culture, politics and other 
social activity is an indefeasible law."

     How similar these sections are to our Bill of Rights, 
with its guarantees of freedom of speech, of the press, of 
association, of the right to petition the government, the 
right to be free from unreasonable searches and seizures.  
Yes, how similar these constitutional privileges are, but 
how different the quality and the reality of the life of the 
two peoples living under them.

     The reason, of course, is apparent.  In the U.S.S.R. 
the government is supreme and omnipresent in every respect, 
with the rights of individuals subordinated to it.  The 
people have no way to enforce the language of their 
Constitution.  Most of the declared freedoms are 
inaccessible to them.

     In the United States the people are sovereign.  The 
powers of the government are only those delegated to it by 
the people.  The democratic process, by definition, is one 
in which "The supreme power is vested in the people and 
exercised by them or by their elected agents under a free 
electoral system."

Earl Warren, "A Republic, If You Can Keep It", pp. 60-61

------------------------------------------------------------

"Dissent," then, should be an honored word, and all citizens 
should be encouraged to engage in it.  The opposite of 
dissent is conformity, and nothing could be more deadly than 
to have conformity for the sake of conformity.
Earl Warren, "A Republic, If You Can Keep It", pp. 104

------------------------------------------------------------

The law has not the need of special language most laymen 
think it has.  The law has not the need, but lawyers tend to 
act as though it did.  This is in part incompetence--it is 
easier to repeat a baggy formula than find words that really 
fit--and in part exploitation of man's liability to magic.  
For centuries our lawyers, a priestly caste, used a 
mysterious tongue, composed of Latin, French, English, 
incantation and a bit of mumbling.  These continue, more or 
less, to the present day--Latin less, English more, French 
absorbed, incantation down a bit, mumbling steady.  Charles 
Rembar, Attorney; The Law of The Land

==========================================

Quote to be checked:

The first thing we do, let's kill all the lawyers.
   Shakespeare, Henry VI, Part II, Act iv
   This said to be taken out of context; its meaning
   is supposed to be quite different when quoted IN context.

==========================================

Four sheep, a hog and ten bushels of wheat settled an Iowa 
breach of promise suit where $25,000 damages were demanded.  
The lawyers got all but the hog, which died before they 
could drive it away.  Article in the Cheyenne Leader, 
January 14, 1888

==========================================

Children today are tyrants.  They contradict their parents, 
gobble their food, and tyrannize their teachers. -- Socrates

==========================================

Ratification by Pennsylvania

In Pennsylvania a most unusual event is reported to have 
taken place.  The state convention had progressed through 
the arguments and a date was set on which a vote on 
ratification was to be taken.  The majority were in favor of 
ratification but a quorum was needed in order to conduct 
business.  It is said that the Anti-Federal delegates, 
knowing that they would lose if a quorum were present and 
knowing that the presence of two of them would be needed for 
a quorum, agreed to boycott the meeting.  They, therefore, 
met in a local tavern to pass the hours that day.  But some 
of the citizens, becoming aware of their strategy, marched 
upon the tavern, seized two of their number and transported 
them to the convention hall.  There they were detained 
against their will, making a quorum for business, while the 
proponents passed the resolution of ratification by 63-43.  
Some of the opposition votes were not counted because they 
absented themselves, although it is said that the resolution 
would have carried had they been present.  Thus Pensylvania 
became the second state to ratify.

------------------------------------------

If you blot out from your statute book, your Constitution, 
your family life, and all that is taken from the Sacred 
Book, what would there be left to bind society together?  
Benjamin Franklin

------------------------------------------

The makers of our Constitution undertook to secure 
conditions favorable to the pursuit of happiness.  They 
recognized the significance of man's spiritual nature, of 
his feelings and of his intellect.  They knew that only a 
part of the pain, pleasure, and satisfactions of life are to 
be found in material things.  They sought to protect 
Americans in their beliefs, their thoughts, their emotions, 
and their sensations.  They conferred, as against the 
government, the right to be let alone--the most 
comprehensive of rights and the right most valued by 
civilized men.  Louis D. Brandeis.  Olmstead v. the United 
States.

------------------------------------------

Interesting statistics about the American adult population:
     46% do not know that the original purpose of the 
Constitution was to create a Federal Government and define 
its powers
     26% confuse the Constitution with the Declaration of 
Independence and think its purpose was to declare our 
national separation from England
     59% do not know what the Bill of Rights is
     27% believe the Bill of Rights is a preamble to the 
Constitution
     49% incorrectly think the President can suspend the 
Constitution.
     Compiled in 1986 by Hearst Corporation telephone poll 
of 1,004 randomly selected adults across the Country.

------------------------------------------

Education is the best security for maintaining liberties, 
and, "a nation of well-informed men who have been taught to 
know and prize the rights which God has given them cannot be 
enslaved.  It is in the region of ignorance that tyranny 
reigns." Benjamin Franklin, Autobiography

------------------------------------------

MASONIC FOUNDERS
65 delegates chosen
55 served behind closed and guarded doors

13 of 39 of the signers of the Constitution were Masons
John Marshall, Supreme Court Chief Justice
George Washington, Grand Master
Gunning Bedford, Jr. (1747-1812), served in Second 
     Continental Congress. Delegate from Delaware, appointed 
     by Washington as first judge on the United States 
     District Court of Delaware; first Grand Master of 
     Delaware
John Blair (1732-1800) Member of Virginia legislature.  
     Justice of first Supreme Court of the United States. 
     First Grand Master of Virginia, 1778-84
David Brearley (1745-1790), arrested by English on charge of 
     high treason, but was set free.  Chief Justice of New 
     Jersey (1779), United States District Judge (1789).  
     Helped compile the Protestant Episcopal Prayer Book of 
     1785.  First Grand Master of New Jersey.
Jacob Broom (1752-1810) member of Delaware legislature 
     (1784-88), first postmaster of Wilmington (1790-92), 
     schoolteacher, real estate dealer and surveyor.  Two 
     weeks before the battle, he drew a map of the area 
     around Brandywine for the use of General Washington.  
     Served as Secretary, Treasurer, and Junior Warden of 
     his Masonic lodge.
Daniel Carroll (1730-1796), signed Declaration of 
     Independence, owned the farm which now is the present 
     site of Wash. D.C.  Member of Continental Congress 
     (1780-84), signer of the Articles of Confederation.  
     Became a Mason in 1781
Jonathan Dayton (1760-1824) served as paymaster in the 
     Revolution under his father, General Elias Dayton.  
     Congressman (1791-99), Speaker of the House of 
     Representatives, U.S. Senator (1799-1805), arrested for 
     alleged conspiracy with Aaron Burr, but was not tried.  
     Member of Pennsylvania Assembly of 1764, Colonial 
     Congress of 1765, first Continental Congress, signer of 
     the Articles of Confederation.  A Quaker, he opposed 
     the adoption of the Declaration of Independence and 
     refused to sign it.  During the Revolution he served as 
     a private.  In 1777 was commissioned a brigadier 
     general in the Delaware militia.  Founder of Dickinson 
     College, Carlisle, Pennsylvania.  President of Delaware 
     (1781-82), President of Pennsylvania (1782-85).  Wrote 
     a series of letters signed "Fabius" which were greatly 
     responsible for Delaware and Pennsylvania were the 
     first two states to ratify the Constitution.
Benjamin Franklin, (1706-1790) printer, scientist, 
     philosopher, statesman, and author.  While Grand Master 
     of Masons in Pennsylvania in 1734, he printed 
     Anderson's Constitutions, the first Masonic book 
     printed America.  As a member of the Second Continental 
     Congress of 1775, he helped draft the Declaration of 
     Independence and signed it.  While serving as Minister 
     to France (1776-85) he assisted at the Masonic 
     initiation (April 1778) of Voltaire, and officiated at 
     the writer's funeral (November 1778). Oldest man at the 
     Convention (82 years), his mind was that of a 25-year-
     old.  Had the ability to tell a story in a most 
     impressive style, but frequently asked another delegate 
     to read a statement which he had previously prepared.
Nicholas Gilman (1755-1814)

MORE LAWNOTES