Jamail, Joe

English

Texas ScholarWorks

Joe Jamail Delivers 2011 Commencement Address - Not Even Pasthttps://notevenpast.org/joe-jamail-delivers-2011-commencement-address/[5/26/2020 9:11:47 AM]"The past is never dead. It's not even past." William FaulknerNOT EVEN PAST     THE PUBLIC HISTORIANMore from The Public HistorianBOOKSMore BooksDIGITAL HISTORYJoe Jamail Delivers 2011Commencement AddressOn May 20, 2011, the UT Department of History was pleased to welcome one of our most illustriousgraduates to deliver this year’s Commencement Address. Renowned trial lawyer and generous UTsupporter, Joe Jamail (JD 1953, BA History, 1950), treated graduates and their families to his thoughtson the ways that studying History at UT made him the lawyer he became. We are publishing the entirespeech for all our readers here because it exemplifies our belief in the value of studying History, as wellas our belief that “the past is never dead.”“You are very fortunate to have been able to study History. So was I. History does more than tell us aboutthe past. It shows us the way to have a wider view of the world.  We cannot possibly understand thepresent without a knowledge of the past.The record of pre-historic times.The record of pre-civilization.The record of civilization.The record of human and pre-human ancestors and their exploits and progress.History presents the major records from around the world in a manner that preserves their appeal as fineliterature.History reflects human nature, with its needs and desires, hopes and fears.History satisfies the need to have roots.History is not a narrow view of all things but it is the one educational tool that reveals the different ways inwhich human beings respond to the issues that unite them.The study of world history leads us to gain insight into ourselves and to evaluate the nature of our ownlives and the events that occur. Like the heroes of every culture, all people today confront choices thatforce them to reconcile their personal wishes with their responsibility to others. Like these heroic figures,all people today must confront tasks in the course of their daily lives that appear to be insurmountable.They, too, must be courageous and determined if they are to achieve their goals. The study of the heroteaches that great character is as important as great deeds. Like 0TweetMaking History: Houston’s “Spirit of theConfederacy”May 06, 2020America for Americans: A History ofXenophobia in the United States byErika Lee (2019)April 20, 2020Más de 72: Digital Archive ReviewBOOKS FILMS & MEDIA THE PUBLIC HISTORIAN BLOG TEXAS ABOUTSTUDENTSOUR/STORIES15 MINUTE HISTORY Not Even Past 652 New Edit Post Howdy, Gilbert BorregoJoe Jamail Delivers 2011 Commencement Address - Not Even Pasthttps://notevenpast.org/joe-jamail-delivers-2011-commencement-address/[5/26/2020 9:11:47 AM]More from Digital HistoryFILMS & MEDIAMore from Films & MediaTEXASMore from TexasHistory continues to inspire many creative and intellectual pursuits. It enriches the appreciation ofliterature, art, and music and can lead to greater interest in all things.History has been a very large role in my life. It not only has brought me great pleasure, it taught me andenabled me to be a very good lawyer.Because of my fascination with history as a student and up to today, I was able to use it to betterunderstand and explain to courts and juries the reasons for my presentation.How is this so? It is because life is a continuing process. Not an isolated incident. What we are is acontinuing process of all that went before us. The legal system of the Western world rests on a large body of philosophical, social and literary history. Itis important for students to learn that history so they can be people of understanding, breadth andlearning. It is important for them to recognize that our system of law and justice grew out of our own past;and that we are trustees and not owners of that past, including our laws and institutions. Perhaps the bestthing we might do to improve the society would be to launch a crusade to improve the liberal artseducation. They should be encouraged to take courses in science, history, literature, philosophy andpsychiatry as part of their training.The legal profession has always been criticized, condemned and cursed but let me give you another view.Other professions erect buildings that fall down, bridges that wash out, planes and ships that rust intoobsolescence. Even the steel of sacred symbols like our Statue of Liberty wore out in one hundred years.We don’t build with steel or stone, but with sturdier stuff. We build monuments with ideas and principlesbased on History.Homer never built of rock or steel, nor did Socrates, nor did Jesus, nor Moses. They built with moreenduring stuff – ideas and inspirations – beauty and truth.We know this because it is part of our History.Knowing the history of law, its beginnings and growth and the history of great lawyers and how theyrelated to problems gave me an advantage over those who were not well versed in history.Let me tell you about a very important part of our lives, we learned from a lesson of fact recorded inHistory. This is what history tells us. It proves once again that history is entwined in every important eventthat profoundly affects our lives.It is August 14, 1670.History tells us the story of William Penn and the jury system that protects us. This would never be knownif it had not been recorded, preserved forever to teach us. Penn had been charged with treason forMarch 16, 2020Ayka (Dir: Sergei Dvortsevoy, 2018)October 02, 2019A (Queer) Rebel Wife In TexasMarch 11, 2020Joe Jamail Delivers 2011 Commencement Address - Not Even Pasthttps://notevenpast.org/joe-jamail-delivers-2011-commencement-address/[5/26/2020 9:11:47 AM]preaching peace. He was a Quaker. The war-like king didn’t like it – they tried him.It is critical because it truly defined the rights of people and it was the landmark moment for freedom.Not only for the jury system but for our own freedom of speech, religion, and the rest of our freedomsIn the Penn case the leader of that great, courageous group of jurors was not a lawyer, but a student ofhistory. He knew and understood the “Magna Carta”. That historical document that ensured Jury trials inEngland and later in America. They challenged the judge and established the Jury system. A lawyernamed Andrew Hamilton years later was called on to defend a small pamphlet  published by PeterZenger. Andrew Hamilton had been a young boy in the English courtroom during the Penn case. Heremembered. Before we were the United States, still under Britain, using that history, he convinced thejury to find Zenger not guilty of treason by publishing a paper criticizing the Crown. Lawyer Hamiltonconvinced the jury that they had a more moral and higher responsibility than the command of the king’sappointed judge. The jury agreed and found Peter Zenger innocent and history recorded then tells us thatestablished free press in US.History was the most important ingredient in establishing our freedoms. England’s freedom.That is why we now have embedded in our law – Freedom of Speech, Freedom of the Press, Freedom ofReligion.In many cases I have tried, I have used the history of William Penn to illustrate the independence of thejury and to remind them of courage.I believe it is the most significant legal case of the last thousand years.  It wasn’t the Scopes Monkey trial. It wasn’t Brown v Board of Education, although the Warren court’s opinion changed the face of Americansociety forever.  It wasn’t Pennzoil v. Texaco, that I tried – the largest jury verdict at the time in the historyof the law.  It was upheld and changed the way corporate American conducts its affairs in the mergersand acquisitions field.  The answer, I believe, was a case involving the arrest of a young man more than330 years ago.It was August 14, 1670, a Sunday.  A congregation comes to their church in London, intent on peacefulworship.  Their church is barred by heavy iron bars and chains.  Soldiers guard the entrance.  Thesoldiers are determined to deny the worshipers access to their church.  The claim was these people weredangerous to King Charles II and decided to close it down.  His father Charles I was executed byCromwell.  Charles II now reigns with power far greater than that for which his father had been put todeath.This congregation  were Quakers who believed in love, friendship and universal brotherhood.  Moreimportantly, they were pacifists  who believe that war is wrong.  Such teachings represent a threat to thedespot expanding his empire or authority, by use of force.The young leader of the Quakers made his way through the crowd and confronted the captain.“Friend,” he says, “we beg of you as men of peace to stand aside and allow us to open the house of ourLord that we may properly honor and worship.”Joe Jamail Delivers 2011 Commencement Address - Not Even Pasthttps://notevenpast.org/joe-jamail-delivers-2011-commencement-address/[5/26/2020 9:11:47 AM]“We gather in peace and we are determined to honor our Lord upon His day, and will not return homeuntil we have done so.”The young man is familiar to all of us.  He was William Penn.Since the church is barred, Penn declares that they will have their service in front of the meeting house.Penn is charged with preaching treason.  The criminal trial under law requires a jury of lay citizens. Impaneling a jury then is a simple matter.  Constables arrest people at random off the streets.Edward Bushell is one of the twelve men brought to the courtroom in the Old Bailey to sit judgment ofPenn. He was the leader in the jury room. The man I spoke of earlier. He was not a lawyer. He was ahistory enthusiast. He had read and had with him a copy of that great historical document, The MagnaCarta.Penn tries to offer a defense.  What the Quakers were doing is not illegal.  For the prosecution, AldermanBrowne interrupts, “You are not here for worshiping God butfor breaking the law.”After the third witness testifies that he saw Penn preaching but could not hear what he was saying, thecourt instructs the jury to retire to the jury room and deliberate its verdict.  The men elect Thomas Veer asforeman.  After a short deliberation, Bushell argues innocence, relying on a copy of the Magna Carta hehas in his pocket.  They have deliberated a little over an hour and thirty minutes when the bailiff knocks onthe door.  He tells the twelve that the court is growing impatient with their delay and “order you to comebelow at once.”  Bushell replies that since the jury has no verdict, they cannot come.  Eight of the jurorsleave the jury room and take their seats in the box.  Four others, including Bushell and Veer, remain. Within a short time the bailiffs are pounding on the door again, demanding that the four follow them downto the Court.The Judges say,  “If the jury does not show respect for this Court, you shall all be fined and denied yourdinners.  You will have your noses slit and tongues cut out.”They wait for the bailiff.  At 9:30 they are back in court.  The Mayor again demands the verdict and askswho will speak for the jury.  He is told, “Our foreman, Thomas Veer.”  Veer rises. The courtroom is quietand still.  He hands the paper to the clerk who recites that the jurors have found Penn guilty of speaking toan assembly on August 14, 1670.  No treason.“Will you be led by such a silly fellow as Bushell?”, screams Judge Starling.  Judge Howell tells them thatthe court will not accept the verdict.  They will be locked up, without meat, drink, fire and tobacco.  “Wewill have a verdict by the help of God, or you will starve for it.”Bushell rises to address the Court.  He reminds them that the jurors are to abide by their oaths and findaccording to evidence.  There is no power in the Magna Carta to dictate the jury’s verdict.  The LordMayor replies,”This Court has any power it chooses.”  Bushell again tries to argue the rights of the MagnaCarta.Joe Jamail Delivers 2011 Commencement Address - Not Even Pasthttps://notevenpast.org/joe-jamail-delivers-2011-commencement-address/[5/26/2020 9:11:47 AM]The Judge says, “These rights will starve you.”The jury is back.  The court inquires whether the jurors agreed.  They all respond in a defiant tone thatthey are.  The court asks who will announce the verdict.  The twelve men shout, “Our foreman, ThomasVeer.”  The court calls for the verdict.  “Is William Penn not guilty or guilty?”  Veer musters what littlestrength he has.  He speaks but two words, “Not guilty.”“You say William Penn is not guilty in manner and form as he stands indicted and so say you all?”The jurors reply, “We do!”  The court polls the jury.  Each juror answers to his name and takesresponsibility for the verdict.  Bushell stands up.  “My Lords, as the jury has now delivered its verdict and itis recorded, we asked to be released with all deliberate speed as we are all in great want.”  The courtrefused to excuse them.  Instead, for their actions you are each fined forty marks and imprisonment untilpaid.”  Bushell argues with the court that they jury has performed its duty in good conscience and hasundergone a heavy ordeal.  He reminds them that the laws of England require that they be released atonce.“Pay your fines and you shall be discharged.  Until you do, you will be taken to Newgate Prison withWilliam Penn, there to remain until your fines are paid.”Foreman Veers’ daughter can hold back no longer.   She descends to the pit, berating the judges.  Sheopens her purse and takes out some coins.  Others in the audience come up to help her with the fine. She flings the coins on the clerk’s desk.  Veer speaks feebly.  “No daughter, don’t pay it.  Let me die inprison than yield to them.”  Veer, with his daughter holding him announces again, “not guilty.”  Then, hefalls to the floor of the courtroom and dies.The jurors and William Penn are taken to prison. Days later a lawyer who heard of it appears. One of thesix carrying Veers from the courtroom is a fourteen year old boy, Andrew Hamilton.  He will carry thememory of the trial all his life.  He comes to America and sixty-five years later, as an aged Philadelphialawyer, he remembered a jury years ago in London.Richard Newdigate, in his role as lawyer, appeals and wins.  No, the people win.  The higher Courtdenounces the decision of the court.  It is an astounding victory.  In holding that no juror can beimprisoned for his verdict, Sir John Vaughn sets out words that echo today against those who wouldabolish juries or limit their independence.“Every man sees that the jury is but a troublesome delay, a great charge and of no use in determiningright and wrong and therefore trials by them may be better abolished than  continued but this would be thegreater mischief to the people.”Without history, I would never have been able to do this. One does not become a good lawyer by going toLaw School. Law School teaches us the way to practice law, – but not how.Becoming a good trial lawyer or a successful person requires one to make use of all experiences –studies in philosophy and the rest. But what better place is there than knowing history – where all of themeaningful events that ever happened are recorded for us to use.Joe Jamail Delivers 2011 Commencement Address - Not Even Pasthttps://notevenpast.org/joe-jamail-delivers-2011-commencement-address/[5/26/2020 9:11:47 AM]19th century 20th Century African American History american history Asia Asia & Middle East book review Brazil British Empire China Civil War Cold War Colonialism communism cultural history digital history Early Modern Europe Europe film gender history History of Science immigration India Islam Latin America Latin American History Mexico Not Even Past Public History race religion Russia slavery Texas Texas History Texas History Day Transnational NOT EVEN PAST is produced byThe Department of HistoryTHE UNIVERSITY OF TEXAS AT AUSTIN We are supported by the College of Liberal ArtsAnd our READERSDONATECONTACTSign up to receive bi-weekly email updatesIt’s so important.Thank you for honoring me by allowing me to come and talk with you. I wish you good health and muchpleasure and success.Today should be one of the happiest, proudest days of your life.Your sense of pride is earned and deserved because of your achievement.You have been confronted with obstacles and opportunities.You have succeeded in overcoming the obstacles and have made good use of the opportunities.Not only are you proud but you have made everyone who helped you proud – your parents, your family,your counselors, your professors, and I as a history student am proud of you. There are an estimated 7billion people alive on our planet.You are part of a group that is a minuscule number of these people who have a college degree.We are privileged – but along with this privilege comes a responsibility, a duty.As an educated human we owe it to all people to be the best we can and to individually strive to leave theearth and its people better than it was when we arrived.That is how progress in civilization is measured.Original photograph:  UT Law Alumni & FriendsPosted May 28, 2011More 2000s, Blog, Education, United StatesJoe Jamail Delivers 2011 Commencement Address - Not Even Pasthttps://notevenpast.org/joe-jamail-delivers-2011-commencement-address/[5/26/2020 9:11:47 AM]Twentieth Century History United States US History USSR Womens History world history World War IIAll content © 2010-present NOT EVEN PAST and the authors,unless otherwise notedBOOKS FILMS & MEDIA THE PUBLIC HISTORIAN BLOG TEXAS

Joe Jamail Delivers 2011 Commencement Address

https://repositories.lib.utexas.edu/bitstream/2152/81368/2/Joe%20Jamail%20Delivers%202011%20Commencement%20Address%20-%20Not%20Even%20Past.pdf

Joe Jamail Delivers 2011 Commencement Address

Abstract

Similar works

Full text

Available Versions

Texas ScholarWorks