Thursday, March 6, 2008

Hale v. Henkel, 201 U.S. 43 at 47 (1906)

"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no such duty [to submit his books and papers for an examination] to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."

6 comments:

Anonymous said...

This text is noticeably missing from this case at Justia and FindLaw - not just 20 US 47. Both website are missing the text from 201 US 47 through 201 US 57. Does anyone have the rest of the missing text?

Brett Champion said...

First, the poster has reversed the page numbers of this citation. This quote can be found at 201 U.S. 74, not 201 U.S. 47.

Second, the reason that pages 47 to 57 are missing from Justia and FindLaw is most likely that those pages are not actually written by the Court. For some reason, Justice Brown read the petitioner's and respondent's briefs into the record. As such, whatever appears on those pages is the opinion of the parties, not the Court.

Sitka Happs said...

Thanks for explaining!

CODEX ELIJAH said...

It's time to separate the maritime commerce felony Monopoly court systems and allow our COMMON LAW court systems to be all governing under the republic records . Not to profit, meaning LAWYERS , legislation BODIES, governor's will be volunteering Jobs, meaning true justice will be honoured, not for profit . Just like volunteering firefighters. The justice system will make small fees yearly by our elected process , but all politicians, legislation BODIES and lawyer's must keep a 2nd full time common job not the same as there elected position.

CODEX ELIJAH said...

It's time to separate the maritime commerce felony Monopoly court systems and allow our COMMON LAW court systems to be all governing under the republic records . Not to profit, meaning LAWYERS , legislation BODIES, governor's will be volunteering Jobs, meaning true justice will be honoured, not for profit . Just like volunteering firefighters. The justice system will make small fees yearly by our elected process , but all politicians, legislation BODIES and lawyer's must keep a 2nd full time common job not the same as there elected position.

CODEX ELIJAH said...

It's time to separate the maritime commerce felony Monopoly court systems and allow our COMMON LAW court systems to be all governing under the republic records . Not to profit, meaning LAWYERS , legislation BODIES, governor's will be volunteering Jobs, meaning true justice will be honoured, not for profit . Just like volunteering firefighters. The justice system will make small fees yearly by our elected process , but all politicians, legislation BODIES and lawyer's must keep a 2nd full time common job not the same as there elected position.