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"If the trial by jury were reëstablished, the Common Law principle of taxation would be reëstablished with it; for it is not to be supposed that juries would enforce a tax upon an individual which he had never agreed to pay. Taxation without consent is as plainly robbery, when enforced against one man, as when enforced against millions; and it is not to be imagined that juries could be blind to so self-evident a principle. Taking a man’s money without his consent, is also as much robbery, when it is done by millions of men, acting in concert, and calling themselves a government, as when it is done by a single individual, acting on his own responsibility, and calling himself a highwayman. Neither the numbers engaged in the act, nor the different characters they assume as a cover for the act, alter the nature of the act itself.
"If the government can take a man’s money without his consent, there is no limit to the additional tyranny it may practise upon him; for, with his money, it can hire soldiers to stand over him, keep him in subjection, plunder him at discretion, and kill him if he resists. And governments always will do this, as they everywhere and always have done it, except where the Common Law principle has been established. It is therefore a first principle, a very sine qua non of political freedom, that a man can be taxed only by his personal consent. And the establishment of this principle, with trial by jury, insures freedom of course; because:
"1. No man would pay his money unless he had first contracted for such a government as he was willing to support; and,
"2. Unless the government then kept itself within the terms of its contract, juries would not enforce the payment of the tax. Besides, the agreement to be taxed would probably be entered into but for a year at a time. If, in that year, the government proved itself either inefficient or tyrannical, to any serious degree, the contract would not be renewed.
"The dissatisfied parties, if sufficiently numerous for a new organization, would form themselves into a separate association for mutual protection. If not sufficiently numerous for that purpose, those who were conscientious would forego all governmental protection, rather than contribute to the support of a government which they deemed unjust.
"All legitimate government is a mutual insurance company, voluntarily agreed upon by the parties to it, for the protection of their rights against wrong-doers. In its voluntary character it is precisely similar to an association for mutual protection against fire or shipwreck. Before a man will join an association for these latter purposes, and pay the premium for being insured, he will, if he be a man of sense, look at the articles of the association; see what the company promises to do; what it is likely to do; and what are the rates of insurance. If he be satisfied on all these points, he will become a member, pay his premium for a year, and then hold the company to its contract. If the conduct of the company prove unsatisfactory, he will let his policy expire at the end of the year for which he has paid; will decline to pay any further premiums, and either seek insurance elsewhere, or take his own risk without any insurance. And as men act in the insurance of their ships and dwellings, they would act in the insurance of their properties, liberties and lives, in the political association, or government.
"The political insurance company, or government, have no more right, in nature or reason, to assume a man’s consent to be protected by them, and to be taxed for that protection, when he has given no actual consent, than a fire or marine insurance company have to assume a man’s consent to be protected by them, and to pay the premium, when his actual consent has never been given. To take a man’s property without his consent is robbery; and to assume his consent, where no actual consent is given, makes the taking none the less robbery. If it did, the highwayman has the same right to assume a man’s consent to part with his purse, that any other man, or body of men, can have. And his assumption would afford as much moral justification for his robbery as does a like assumption, on the part of the government, for taking a man’s property without his consent. The government’s pretence of protecting him, as an equivalent for the taxation, affords no justification. It is for himself to decide whether he desires such protection as the government offers him. If he do not desire it, or do not bargain for it, the government has no more right than any other insurance company to impose it upon him, or make him pay for it.
"Trial by the country, and no taxation without consent, were the two pillars of English liberty, (when England had any liberty,) and the first principles of the Common Law. They mutually sustain each other; and neither can stand without the other. Without both, no people have any guaranty for their freedom; with both, no people can be otherwise than free."
Lysander Spooner, Essay on The Trial by Jury
http://oll.libertyfund.org/titles/spooner-an-essay-on-the-trial-by-jury-1852
A Disquisition on Government
John C. Calhoun
"The necessary consequence of taking the sense of the community by the concurrent majority is, as has been explained, to give to each interest or portion of the community a negative on the others. It is this mutual negative among its various conflicting interests, which invests each with the power of protecting itself—and places the rights and safety of each, where only they can be securely placed, under its own guardianship. Without this there can be no systematic, peaceful, or effective resistance to the natural tendency of each to come into conflict with the others: and without this there can be no constitution."
https://oll.libertyfund.org/titles/calhoun-union-and-liberty-the-political-philosophy-of-john-c-calhoun
http://www.barefootsworld.net/trial12.html#p222
"In June of 1775, George Washington was appointed Major General and elected by Congress to be commander in chief of the American revolutionary forces. Although he took up his tasks energetically, Washington accomplished nothing militarily for the remainder of the year and more, nor did he try. His only campaign in 1775 was internal rather than external; it was directed against the American army as he found it, and was designed to extirpate the spirit of liberty pervading this unusually individualistic and democratic army of militiamen. In short, Washington set out to transform a people's army, uniquely suited for a libertarian revolution, into another orthodox and despotically ruled statist force after the familiar European model.
"His primary aim was to crush the individualistic and democratic spirit of the American forces. For one thing, the officers of the militia were elected by their own men, and the discipline of repeated elections kept the officers from forming an aristocratic ruling caste typical of European armies of the period. The officers often drew little more pay than their men, and there were no hierarchical distinctions of rank imposed between officers and men. As a consequence, officers could not enforce their wills coercively on the soldiery. This New England equality horrified Washington's conservative and highly aristocratic soul.
"To introduce a hierarchy of ruling caste, Washington insisted on distinctive decorations of dress in accordance with minute gradations of rank. As one observer phrased it: "New lords, new laws. … The strictest government is taking place, and great distinction is made between officers and soldier. Everyone is made to know his place and keep it." Despite the great expense involved, he also tried to stamp out individuality in the army by forcing uniforms upon them; but the scarcity of cloth made this plan unfeasible.
"At least as important as distinctions in decoration was the introduction of extensive inequality in pay. Led by Washington and the other aristocratic southern delegates, and over the objections of Massachusetts, the Congress insisted on fixing a pay scale for generals and other officers considerably higher than that of the rank and file.
"In addition to imposing a web of hierarchy on the Continental Army, Washington crushed liberty within by replacing individual responsibility by iron despotism and coercion. Severe and brutal punishments were imposed upon those soldiers whose sense of altruism failed to override their instinct for self-preservation. Furloughs were curtailed and girlfriends of soldiers were expelled from camp; above all, lengthy floggings were introduced for all practices that Washington considered esthetically or morally offensive. He even had the temerity to urge Congress to raise the maximum number of strikes of the lash from 39 to the enormous number of 500; fortunately, Congress refused.
"In a few short months, Washington had succeeded in extirpating a zealous, happy, individualistic people's army, and transforming it into yet another statist army, filled with bored, resentful, and even mutinous soldiery. The only thing he could not do was force the troops to continue in camp after their terms of enlistment were up at the end of the year, and by now the soldiers were longing for home. In addition to all other factors, Americans were not geared — nor should they have been — for a lengthy conflict of position and attrition; they were not professional soldiers, and they were needed at their homes and jobs and on their farms. Had they been a frankly guerrilla army, there would have been no conflict between these roles."
https://mises.org/library/generalissimo-washington-how-he-crushed-spirit-liberty
4 Areas of study or worthy of time and effort by existing people so as to pass on the findings in these 4 areas to posterity: so posterity does not make the same mistakes.
1. If Voluntary Assocaition for Mutual Defense, with trial by jury, had been preserved after the Revolutionary War, what would be different in American now, because the African Slave trade would have remained unlawful, and therefore criminal slave traders would have been held to an accurate accounting, and that criminal activity would no longer pay well, so it would have ended in 1787.
2. If Voluntary Association for Mutual Defense, with trial by jury, had been preserved after the Revolutionary War, what would be different in American now, because the common law principle of allodial land title would have remained lawful, and therefore criminal stealing of lands occupied by the Indian (Nations), would have been prosecuted as crimes, and those crimes would not pay, and that criminal activity would have ended. This defense against stealing of land applies to everyone who homesteads too, no matter which individual takes allodial possession of land.
3. If Voluntary Association for Mutual Defense, with trial by jury, had been preserved after the Revolutionary War, what would be different in American now, without any color of law false justification of War of Aggression for Profit, which includes such criminal acts as the Indian Wars, the Mexican War, the Civil War, and every single War of Aggression for Profit since 1789? Without FAKE government "justifying" the crimes that the Nazi's were hung for, those crimes would not pay, and they would end, and America would be without all those Wars of Aggression charged as crimes to American posterity, just as Germans living today have their War of Aggression for profit hanging over their heads. Look into who financed World War II, to fully understand the significance of this specific necessity of study, to know better, so as not to repeat, over, and over, again, and again, the same stupid, and servile, mistakes.
4. If Voluntary Association for Mutual Defense, with trial by jury, had been preserved after the Revolutionary War, what would be different in American now, as a direct result of productive investments by economic pioneers (entrepreneurs), in competitive products and services that raise the standard of living and reduce the cost of living, for all, if instead of consuming posterity with Wars of Aggression for the Profit of a few (at the expense of all), all that productive wealth was invested wisely instead of consumed stupidly, and servilely? Look into the crime of central banking fraud in order to understand how those Wars of Aggression for Profit are financed criminally: under the color of law.
Those are just 4 areas of study that ought to awaken posterity to reality, but there are other falsehoods created by deceivers that ought to be known by the victims, rather than the victims remaining perpetually ignorant.
The Unconstitutionality of Criminal Jury Selection Brittany L. Deitch
"Currently, the prosecution and defense share equal control over jury selection. Looking to the literal text of the Sixth Amendment, the landmark case on the right to a jury trial, and the Federal Rules of Criminal Procedure for guidance, this Article explains that jury selection procedures undermine the defendant-protection rationale for the Sixth Amendment right to a jury trial. Because the Sixth Amendment grants this right personally to the defendant and the Supreme Court has construed this right as intending to protect the defendant from governmental overreach, the prosecution should not be entitled to select the very jury that is supposed to serve as a check against its power. After concluding that symmetrical power in jury selection undermines the constitutional purpose of the jury trial, this Article proposes two possible remedies."
https://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=1859&context=wmborj