Part 7 of AN APPEAL by A.T. Jones
Judges In Their Own Case
Nor yet is this all. I cited the requirement of the Mosaic order, according to which it is professed that you are "organized," that in "all manner of trespass" or of "controversy between men," "the cause of both parties shall come before the judges." In this connection there appears in this case another egregious feature; that is, that the accusing party, which alone was present, was itself the judge; and thus judge in their own case.
See this in plain facts. Who were the "both parties" in this matter? None other than the General Conference Committee and myself. For, when upon the second call, I had told the people where I stand, the General Conference Committee as such, entered the case by an official "Statement" to refute what I had said. In this the General Conference Committee as such made itself one of the parties to the matter. To the demand of the committee for "proofs" and "how" I knew, etc. I replied. If they desired that the controversy should go further, it was then their turn to disprove my proof, etc. Instead of doing this by publishing another statement, of refutation, or explanation, the committee met four thousand miles away and took judicial cognizance of my "public utterances and published statements," and replied to them by this action, process, and procedure, of trying and condemning me without any hearing or any possible opportunity to be heard; but wholly in my absence in every respect.
Therefore it stands demonstrated that the General Conference Committee, as one of the parties in this controversy of their own seeking, did make themselves not only judges in their own case, but also made themselves accusers and prosecutors and judges--all three in one.
How such action, process and procedure as this of judging a man without his having a chance to be heard, and of men making their own case and judging in it, would be looked at in a civil court and under a civil constitution, is well shown in the words and decision of a United States Court not long ago. Here are the words:
"We live under a guaranty that reaches back to the beginnings of our law and is securely planted in every constitution of civilized government--that not one shall be punished until he has been heard; and above this fundamental guaranty can be set no higher prerogatives...
Can an American judge without abuse of judicial discretion condemn any one who has not had his day in court?
"That to our minds is strange doctrine in Anglo-Saxon jurisprudence. Can it rightfully be done here on no other basis than the Judge's personal belief that the party marked by him for punishment deserves punishment? If so, it is because the man happens to be Judge and is above the law."
That says that the guaranty that "no one shall be punished until he has been heard" "is securely planted in every constitution of civilized government." That is the truth. Now, you have a "constitution," and by this, professedly General Conference and denominational government. Is that guaranty "securely planted" in the constitution of your General Conference and denominational government?
Judges In Their Own Case
Nor yet is this all. I cited the requirement of the Mosaic order, according to which it is professed that you are "organized," that in "all manner of trespass" or of "controversy between men," "the cause of both parties shall come before the judges." In this connection there appears in this case another egregious feature; that is, that the accusing party, which alone was present, was itself the judge; and thus judge in their own case.
See this in plain facts. Who were the "both parties" in this matter? None other than the General Conference Committee and myself. For, when upon the second call, I had told the people where I stand, the General Conference Committee as such, entered the case by an official "Statement" to refute what I had said. In this the General Conference Committee as such made itself one of the parties to the matter. To the demand of the committee for "proofs" and "how" I knew, etc. I replied. If they desired that the controversy should go further, it was then their turn to disprove my proof, etc. Instead of doing this by publishing another statement, of refutation, or explanation, the committee met four thousand miles away and took judicial cognizance of my "public utterances and published statements," and replied to them by this action, process, and procedure, of trying and condemning me without any hearing or any possible opportunity to be heard; but wholly in my absence in every respect.
Therefore it stands demonstrated that the General Conference Committee, as one of the parties in this controversy of their own seeking, did make themselves not only judges in their own case, but also made themselves accusers and prosecutors and judges--all three in one.
How such action, process and procedure as this of judging a man without his having a chance to be heard, and of men making their own case and judging in it, would be looked at in a civil court and under a civil constitution, is well shown in the words and decision of a United States Court not long ago. Here are the words:
"We live under a guaranty that reaches back to the beginnings of our law and is securely planted in every constitution of civilized government--that not one shall be punished until he has been heard; and above this fundamental guaranty can be set no higher prerogatives...
Can an American judge without abuse of judicial discretion condemn any one who has not had his day in court?
"That to our minds is strange doctrine in Anglo-Saxon jurisprudence. Can it rightfully be done here on no other basis than the Judge's personal belief that the party marked by him for punishment deserves punishment? If so, it is because the man happens to be Judge and is above the law."
That says that the guaranty that "no one shall be punished until he has been heard" "is securely planted in every constitution of civilized government." That is the truth. Now, you have a "constitution," and by this, professedly General Conference and denominational government. Is that guaranty "securely planted" in the constitution of your General Conference and denominational government?
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