Legal Fiction V
by Joe Kelley
3-24-2022

Richard Henry Lee 
Federal Farmer XV
January 18, 1788
"As the trial by jury is provided for in criminal causes, I shall confine my observations to civil causes — and in these, I hold it is the established right of the jury by the common law, and the fundamental laws of this country, to give a general verdict in all cases when they chuse to do it, to decide both as to law and fact, whenever blended together in the issue put to them. Their right to determine as to facts will not be disputed, and their right to give a general verdict has never been disputed, except by a few judges and lawyers, governed by despotic principles. Coke, Hale, Holt, Blackstone, De Lo[l]me, and almost every other legal or political writer, who has written on the subject, has uniformly asserted this essential and important right of the jury. Juries in Great-Britain and America have universally practised accordingly. Even Mansfield, with all his wishes about him, dare not directly avow the contrary. What fully confirms this point is, that there is no instance to be found, where a jury was ever punished for finding a general verdict, when a special one might, with propriety, have been found. The jury trial, especially politically considered, is by far the most important feature in the judicial department in a free country, and the right in question is far the most valuable part, and the last that ought to be yielded, of this trial. Juries are constantly and frequently drawn from the body of the people, and freemen of the country; and by holding the jury’s right to return a general verdict in all cases sacred, we secure to the people at large, their just and rightful controul in the judicial department. If the conduct of judges shall be severe and arbitrary, and tend to subvert the laws, and change the forms of government, the jury may check them, by deciding against their opinions and determinations, in similar cases. It is true, the freemen of a country are not always minutely skilled in the laws, but they have common sense in its purity, which seldom or never errs in making and applying laws to the condition of the people, or in determining judicial causes, when stated to them by the parties. The body of the people, principally, bear the burdens of the community; they of right ought to have a controul in its important concerns, both in making and executing the laws, otherwise they may, in a short time, be ruined. Nor is it merely this controul alone we are to attend to; the jury trial brings with it an open and public discussion of all causes, and excludes secret and arbitrary proceedings. This, and the democratic branch in the legislature, as was formerly observed, are the means by which the people are let into the knowledge of public affairs — are enabled to stand as the guardians of each others rights, and to restrain, by regular and legal measures, those who otherwise might infringe upon them. I am not unsupported in my opinion of the value of the trial by jury; not only British and American writers, but De Lo[l]me, and the most approved foreign writers, hold it to be the most valuable part of the British constitution, and indisputably the best mode of trial ever invented."

"It was merely by the intrigues of the popish clergy, and of the Norman lawyers, that this mode of trial was not used in maritime, ecclesiastical, and military courts, and the civil law proceedings were introduced; and, I believe, it is more from custom and prejudice, than for any substantial reasons, that we do not in all the states establish the jury in our maritime as well as other courts.

"In the civil law process the trial by jury is unknown; the consequence is, that a few judges and dependant officers, possess all the power in the judicial department. Instead of the open fair proceedings of the common law, where witnesses are examined in open court, and may be cross examined by the parties concerned — where council is allowed, &c. we see in the civil law process judges alone, who always, long previous to the trial, are known and often corrupted by ministerial influence, or by parties. Judges once influenced, soon become inclined to yield to temptations, and to decree for him who will pay the most for their partiality. It is, therefore, we find in the Roman, and almost all governments, where judges alone possess the judicial powers and try all cases, that bribery has prevailed. This, as well as the forms of the courts, naturally lead to secret and arbitrary proceedings — to taking evidence secretly– exparte, &c. to perplexing the cause — and to hasty decisions: — but, as to jurors, it is quite impracticable to bribe or influence them by any corrupt means; not only because they are untaught in such affairs, and possess the honest characters of the common freemen of a country; but because it is not, generally, known till the hour the cause comes on for trial, what persons are to form the jury."

"But it is said, that no words could be found by which the states could agree to establish the jury-trial in civil causes. I can hardly believe men to be serious, who make observations to this effect. The states have all derived judicial proceedings principally from one source, the British system; from the same common source the American lawyers have almost universally drawn their legal information. All the states have agreed to establish the trial by jury, in civil as well as in criminal causes. The several states, in congress, found no difficulty in establishing it in the Western Territory, in the ordinance passed in July 1787. We find, that the several states in congress, in establishing government in that territory, agreed, that the inhabitants of it, should always be entitled to the benefit of the trial by jury. Thus, in a few words, the jury trial is established in its full extent; and the convention with as much ease, have established the jury trial in criminal cases. In making a constitution, we are substantially to fix principles. — If in one state, damages on default are assessed by a jury, and in another by the judges — if in one state jurors are drawn out of a box, and in another not — if there be other trifling variations, they can be of no importance in the great question. Further, when we examine the particular practices of the states, in little matters in judicial proceedings, I believe we shall find they differ near as much in criminal processes as in civil ones. Another thing worthy of notice in this place — the convention have used the word equity, and agreed to establish a chancery jurisdiction; about the meaning and extent of which, we all know, the several states disagree much more than about jury trials — in adopting the latter, they have very generally pursued the British plan; but as to the former, we see the states have varied, as their fears and opinions dictated."

"By the common law, in Great Britain and America, there is no appeal from the verdict of the jury, as to facts, to any judges whatever — the jurisdiction of the jury is complete and final in this; and only errors in law are carried up to the house of lords, the special supreme court in Great Britain; or to the special supreme courts in Connecticut, New-York, New-Jersey, &c. Thus the juries are left masters as to facts: but, by the proposed constitution, directly the opposite principles is established. An appeal will lay in all appellate causes from the verdict of the jury, even as to mere facts, to the judges of the supreme court. Thus, in effect, we establish the civil law in this point; for if the jurisdiction of the jury be not final, as to facts, it is of little or no importance."

The people check the government with their juries and if not the government will be corrupt.

Is that a fact?

LETTER XIII.
JANUARY 14, 1788.
"It is not merely the number of impeachments, that are to be expected to make public officers honest and attentive in their business. A general opinion must pervade the community, that the house, the body to impeach them for misconduct, is disinterested, and ever watchful for the public good; and that the judges who shall try impeachments, will not feel a shadow of biass. Under such circumstances, men will not dare transgress, who, not deterred by such accusers and judges, would repeatedly misbehave. We have already suffered many and extensive evils, owing to the defects of the confederation, in not providing against the misconduct of public officers. When we expect the law to be punctually executed, not one man in ten thousand will disobey it: it is the probable chance of escaping punishment that induces men to transgress. It is one important mean to make the government just and honest, rigidly and constantly to hold, before the eyes of those who execute it, punishment, and dismission from office, for misconduct. These are principles no candid man, who has just ideas of the essential features of a free government, will controvert. They are, to be sure, at this period, called visionary, speculative and anti-governmental—but in the true stile of courtiers, selfish politicians, and flatterers of despotism—discerning republican men of both parties see their value. They are said to be of no value, by empty boasting advocates for the constitution, who, by their weakness and conduct, in fact, injure its cause much more than most of its opponents. From their high sounding promises, men are led to expect a defence of it, and to have their doubts removed. When a number of long pieces appear, they, instead of the defence, &c. they expected, see nothing but a parade of names—volumes written without ever coming to the point—cases quoted between which and ours there is not the least similitude—and partial extracts made from histories and governments, merely to serve a purpose. Some of them, like the true admirers of royal and senatorial robes, would fain prove, that nations who have thought like freemen and philosophers about government, and endeavoured to be free, have often been the most miserable: if a single riot, in the course of five hundred years happened in a free country, if a salary, or the interest of a public or private debt was not paid at the moment, they seem to lay more stress upon these truffles (for truffles they are in a free and happy country) than upon the oppressions of despotic government for ages together.”

How can one condense the messages that serve everyone in defense of everyone without leaving too much room for confusion and therefore the opportunity for evil people to exploit that confusion?

Come on man, Joe, really, why not just obey and be done with it?

“The jury trial, especially politically considered, is by far the most important feature in the judicial department in a free country, and the right in question is far the most valuable part, and the last that ought to be yielded, of this trial.”

“Under such circumstances, men will not dare transgress, who, not deterred by such accusers and judges, would repeatedly misbehave.”

None of those in power fraudulently will dare call their crimes Treasonous Fraud, to do so would open the gates to their days in County Criminal Courts of Law where they face the people and the facts that matter in each case as the people drain the swamp.

Treasonous Frauds will claim that they are misbehaving when they replace federated republics with Nation-State Legal Fictions, replace independent prosecutors with BAR Licensed Attorneys, replace independent defendants with BAR Licensed Attorneys, replace independent grand juries with BAR Licensed Nation-State Legal Fiction Prosecutors, replace independent trial juries with BAR licensed Appellate Court Nation-State District Judges.

Treasonous Frauds to this date, as I type, have not removed the evidence of their crimes.

U.S. Constitution : Article I
Section 3 - Senators, how and by whom chosen. How classified. State Executive, when to make temporary appointments, in case, etc. Qualifications of a Senator. President of the Senate, his right to vote. President pro tem., and other officers of the Senate, how chosen. Power to try impeachments. When President is tried, Chief Justice to preside. Sentence.
“7. Judgement in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit under the United States: but the party convicted shall nevertheless be liable and subject to indictment, trial, judgement and punishment, according to law.”

Never-the-less, or not-with-standing District Appellate Court Treasonous Frauds, criminals are liable and subject to indictment, trial, judgment and punishment, according to law."

Witch law or common law? 

V - Provisons concerning prosecution
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury,...”

Any federated republic, meaning any individual of sound mind, body, and spirit, able to pass the laugh test of lawful authority (do you intend to enforce blind obedience upon your fellow federated republics?), is on an equal footing at law, and thereby licensed to prosecute any suspect suspected of Treasonous Fraud or any lesser crime. The discovery of evidence that each federated republic, each individual member of the whole people, able to pass voir dire (laugh test of competency at law) proceedings, finds, each individual discovering evidence of Treasonous Fraud is duty-bound to protect and serve oneself as well as every other federated republic with the move from discovery to validation. Validation of evidence moves past the threshold of probable cause by County grand jury members who command all criminal jurisdiction including the powers of mandamus, quo warranto, and posse comitatus to defend each federated republic from Treasonous Frauds.

Moving past probable cause county grand juries produce presentments to be executed by whomever the grand jury commands in any office of government capable of moving the presentment to the defendant with the scheduled date of the Criminal Trial by Jury in a County Criminal Court of Law to drain the swamp one Treasonous Fraud at a time.

Since there are well over 3,000 Counties in all of the federated republics in America, that is 3,000 Treasonous Fraud cases expediently, effectively, and efficiently moved to well over 3,000 Criminal Court dates before the next victim falls.

If not, it is not lawful, not legal, not moral, and if not then what the fuck are you paying these Treasonous Frauds to do if not their claimed jobs?

Caveat Emptor