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| Joined: | Mon Nov 21st, 2005 |
| Location: | California USA |
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I saw no where in your publications any mention of my unique perspective, not with my name, and not without my name, and it matters not to me if my name is connected to the perspective offered. What matters is the truth gaining power over deception. Not knowing is dangerous and exemplified in our exchange. I have no way of actually knowing if you are, in fact, misguided or guiding yourself as one of the deceivers.
You publish, or link, a form of media (book) by a Grandfather, offering a unique world view, and as I read, I find almost immediately a false reference concerning the Revolutionary War period. This is alarming because the truth is found in the law of the land, known as legem terrae, which is trial by jury, NOT the fraudulent constitution of 1789, put in place by none other than George Washington, Alexander Hamilton, John Adams, and the rest of the (false) Federalist Party.
Four references may suffice to prove, beyond reasonable doubt, that the law of the land is not the National (not federal, thereby proving the fraud to be one) Constitution, rather the law of the land is due process, or Rule of Law, or once known (before the name was "state captured") common law. Common law is what is commonly understood as "innocent until proven guilty," "speedy trial," "trial by jurists in the local area (peers)," "no double jeopardy," "we are all under the law, none are above it," and "do unto others as you would have them do unto you," and "remedy, redemption, restitution is offered, voluntarily, to all," and "those refusing voluntary duty are outside the law, unprotected by the law," and we the people are polite to each other, but we the people are armed in cooperative, voluntary, defense of each innocent victim (powerless in their own defense) constituting posterity.
1. From Lysander Spooner's work titled Trial by Jury.
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In this corrupt and lawless manner, Congress, instead of taking care to preserve the trial by jury, so far as they might, by providing for the appointment of legal juries incomparably the most important of all our judicial tribunals, and the only ones on which the least reliance can be placed for the preservation of liberty have given the selection of them over entirely to the control of an indefinite number of state legislatures, and thus authorized each state legislature to adapt the juries of the United States to the maintenance of any and every system of tyranny that may prevail in such state.
Congress have as much constitutional right to give over all the functions of the United States government into the hand of the state legislatures, to be exercised within each state in such manner as the legislature of such state shall please to exercise them, as they have to thus give up to these legislatures the selection of juries for the courts of the United States.
There has, probably, never been a legal jury, nor a legal trial by jury, in a single court of the United States, since the adoption of the constitution.
These facts show how much reliance can be placed in written constitutions, to control the action of the government, and preserve the liberties of the people.
If the real trial by jury had been preserved in the courts of the United States that is, if we had had legal juries, and the jurors had known their rights it is hardly probable that one tenth of the past legislation of Congress would ever have been enacted, or, at least, that, if enacted, it could have been enforced.
ALSO:
“Per legem terrae.”
One other phrase remains to be explained, viz., “per legem terrae,” “by the law of the land.”
All writers agree that this means the common law. Thus, Sir Matthew Hale says:
“The common law is sometimes called, by way of eminence,lex terrae, as in the statute of Magna Carta, chap. 29, where certainly the common law is principally intended by those words,aut per legem terrae; as appears by the exposition thereof in several subsequent statutes; and particularly in the statute of 28 Edward III.” chap. 3 which is but an exposition and explanation of that statute. Sometimes it is called lex Angliae, as in the statute of Merton, cap. 9,“Nolumus leges Angliae mutari,” &c., (We will that the laws of England be not changed). Sometimes it is called lex et consuetudo regni (the law and custom of the kingdom); as in all commissions of oyer and terminer; and in the statutes of 18 Edward I., cap. --, and de quo warranto, and divers others. But most [*35] commonly it is called the Common Law, or the Common Law of England; as in the statute Articuli super Chartas, cap. 15, in the statute 25 Edward III., cap. 5, (4,) and infinite more records and statutes.” --- 1 Hale’s History of the Common Law , 128.
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2. Thomas Jefferson notes on Virginia Law
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The state is divided into counties. In every county are appointed magistrates, called justices of the peace, usually from eight to thirty or forty in number, in proportion to the size of the county, of the most discreet and honest inhabitants. They are nominated by their fellows, but commissioned by the governor, and act without reward. These magistrates have jurisdiction both criminal and civil. If the question before them be a question of law only, they decide on it themselves: but if it be of fact, or of fact and law combined, it must be referred to a jury. In the latter case, of a combination of law and fact, it is usual for the jurors to decide the fact, and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact. If they be mistaken, a decision against right, which is casual only, is less dangerous to the state, and less afflicting to the loser, than one which makes part of a regular and uniform system. In truth, it is better to toss up cross and pile in a cause, than to refer it to a judge whose mind is warped by any motive whatever, in that particular case. But the common sense of twelve honest men gives still a better chance of just decision, than the hazard of cross and pile. These judges execute their process by the sheriff or coroner of the county, or by constables of their own appointment. If any free person commit an offence against the commonwealth, if it be below the degree of felony, he is bound by a justice to appear before their court, to answer it on indictment or information.
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3. RESPUBLICA v. SHAFFER, 1 U.S. 236 (1788)
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It is a matter well known, and well understood, that by the laws of our country, every question which affects a man's life, reputation, or property, must be tried by twelve of his peers; and that their unanimous verdict is, alone, competent to determine the fact in issue. If then, you undertake to enquire, not only upon what foundation the charge is made, but, likewise, upon what foundation it is denied, you will, in effect, usurp the jurisdiction of the Petty Jury, you will supercede the legal authority of the court, in judging of the competency and admissibility of witnesses, and, having thus undertaken to try the question, that question may be determined by a bare majority, or by a much greater number of your body, than the twelve peers prescribed by the law of the land. This point has, I believe, excited some doubts upon former occasions but those doubts have never arisen in the mind of any lawyer, and they may easily be removed by a proper consideration of the subject. For, the bills, or presentments, found by a grand Jury, amount to nothing more than an official accusation, in order to put the party accused upon his trial: 'till the bill is returned, there is, therefore, no charge from which he can be required to exculpate himself; and we know that many persons, against whom bills were returned, have been afterwards acquitted by a verdict of their country. Here then, is the just line of discrimination: It is the duty of the Grand Jury to enquire into the nature and probable grounds of the charge; but it is the exclusive province of the Petty Jury, to hear and determine, with the assistance, and under the direction of the court, upon points of law, whether the Defendant is, or is not guilty, on the whole evidence, for, as well as against, him. You will therefore, readily perceive, that if you examine the witnesses on both sides, you do not confine your consideration to the probable grounds of charge, but engage completely in the trial of the cause; and your return must, consequently, be tantamount to a verdict of acquital, or condemnation. But this would involve us in another difficulty; for, by the law it is declared that no man shall be twice put in jeopardy for the same offence: and, yet, it is certain that the enquiry, now proposed by the Grand Jury, would necessarily introduce the oppression of a double trial. Nor is it merely upon maxims of law, but, I think, likewise, upon principles of humanity, that this innovation should be opposed.
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4. Martin Luther King Jr. Conspiracy Murder Trial Transcripts
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Arthur Jackson Haynes, Jr
Page 804
“I have considered in my thirty-five-year career a jury is the best lie detector there is.”
End Quote:_________________________
The false reference from the Grandfather with his uniquely competitive perspective:
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You are surrounded today by a high wall of false reality that was very, very gradually and carefully constructed after the American Revolution ended with the Treaty of Paris in 1784 and after the U.S. Constitution became the law of the land in 1789.
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Also:
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And against that colossal wealth and power, you had the tiny, rebellious, breakaway United States of America (population 2.8 million) with no accumulated wealth whatever. It was a miracle that General George Washington was able to scrape enough money together from the thirteen colonies to fend off the British Army. As it was, he may not have won the final battle at Yorktown, Virginia without an emergency loan arranged by one Haym Solomon, who represented a mysterious power you will be introduced to shortly.
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In my research (ongoing) the industrious people on the land was the source of wealth and it was the prize sought after by both criminals and victims in that time period. So on two counts this "perspective" is already off the mark in the opposite direction.
Count 1: The law of the land is a voluntary duty charged to all potential defenders of all innocent victims from all guilty criminals through a voluntary defensive association (federation) formed for that purpose, and founded upon that principle of voluntary mutual defense of all innocent victims from all guilty criminals if facts can be found by some reasonable process such as common law trial by jury which is still written in the record as the Bill of Rights, which was a battle of words won by the so called Anti-Federalists such as Patrick Henry, George Mason, Luther Martin, John Lansing, and Robert Yates.: the law of the land cannot be based upon the fraud known as the Constitutional Convention of 1787, which became known as The Dirty Compromise, whereby the slave traders in the north and south sold out the true "law of the land" and instituted summary justice (also known as Admiralty, Equity, Exchequer, Nisi Prius, Maritime, Summary Justice, Might makes Right, Rule by Criminals, Tyranny, Despotism, and other true, half true, and false names. This is classic bait and switch, as rule of law (the ideal is in view) and instead a false version, a counterfeit version is put in place instead of true rule of law: said Constitution (without the Bill of Rights) of 1789.
Count 2: The true value, the prize, the source of power, the financing, of any human endeavor was not a mysterious power having "money," the true power was, is, and always will be honest people doing productive work, on the land where the resources are, under the sanctuary of effective, voluntary, mutual defense, whereby no one gains at the expense of anyone else by criminal means such as deception, threat of aggressive violence, or aggressive violence.
Joe