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Joe Kelley
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Federal Farmer XV
January 18, 1788

"It is an observation of an approved writer, that judicial power is of such a nature, that when we have ascertained and fixed its limits, with all the caution and precision we can, it will yet be formidable, somewhat arbitrary and despotic — that is, after all our cares, we must leave a vast deal to the discretion and interpretation — to the wisdom, integrity, and politics of the judges — These men, such is the state even of the best laws, may do wrong, perhaps, in a thousand cases, sometimes with, and sometimes without design, yet it may be impracticable to convict them of misconduct."


Federal Farmer: An Additional Number of Letters to the Republican
http://teachingamericanhistory.org/library/document/federal-farmer-an-additional-number-of-letters-to-the-republican/
"Add to these considerations, that particular circumstances exist at this time to increase our inattention to limiting properly the judicial powers, we may fairly conclude, we are more in danger of sowing the seeds of arbitrary government in this department than in any other."

"By art. 3. sect. 1. the judicial power of the United States shall be vested in one supreme court, and in such inferior courts, as congress may, from time to time, ordain and establish — the judges of them to hold their offices during good behaviour, and to receive, at stated times, a compensation for their services, which shall not be diminished during their continuance in office; but which, I conceive, may be increased."

"These clauses present to view the constitutional features of the federal judiciary: this has been called a monster by some of the opponents, and some, even of the able advocates, have confessed they do not comprehend it. "

"The inferior federal courts are left by the constitution to be instituted and regulated altogether as the legislature shall judge best; and it is well provided, that the judges shall hold their offices during good behaviour."


"This organization, so far as it would respect questions of law, inferior, superior, and a special supreme court, would resemble that of New-York in a considerable degree, and those of several other states. This, I imagine, we must adopt, or else the Massachusetts plan; that is, a number of inferior courts, and one superior or supreme court, consisting of three, or five, or seven judges, in which one supreme court all the business shall be immediately collected from the inferior ones. The decision of the inferior courts, on either plan, probably will not much be relied on; and on the latter plan, there must be a prodigious accumulation of powers and business in all cases touching law, equity and facts, and all kinds of causes in a few hands, for whose errors of ignorance or design, there will be no possible remedy. As the legislature may adopt either of these, or any other plan, I shall not dwell longer on this subject."

Note in Federal Farmer 15 the lack of power (knowledge) of just how bad behavior (the opposite of good behavior) is remedied when summary justice judges are guilty in fact. Note also the feature of a federal system whereby systems of justice in each Nation State works as experiments in democracy. Note 2 the continued obfuscation of the meanings of words such as republic, democracy, federation, nation, justice, etc.


And here is what I was looking for:


"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."


Federal Farmer 15 (Richard Henry Lee)
http://teachingamericanhistory.org/library/document/federal-farmer-xv/


Next is a description of the routine diversion of creating a Man of Straw, so as to then attack that fictional character, which is easy to accomplish since the fictional character created is weak, and this battle serves to distract from the facts that matter.

Federal Farmer LETTER VI.
DECEMBER 25, 1787.

"Had the advocates left the constitution, as they ought to have done, to be adopted or rejected on account of its own merits or imperfections, I do not believe the gentlemen who framed it would ever have been even alluded to in the contest by the opposers. Instead of this, the ardent advocates begun by quoting names as incontestible authorities for the implicit adoption of the system, without any examination—treated all who opposed it as friends of anarchy; and with an indecent virulence addressed M—n G—y, L—e, and almost every man of weight they could find in the opposition by name. If they had been candid men they would have applauded the moderation of the opposers for not retaliating in this pointed manner, when so fair an opportunity was given them; but the opposers generally saw that it was no time to heat the passions; but, at the same time, they saw there was something more than mere zeal in many of their adversaries; they saw them attempting to mislead the people, and to precipitate their divisions, by the sound of names, and forced to do it, the opposers, in general terms, alledged those names were not of sufficient authority to justify the hasty adoption of the system contended for. The convention, as a body, was undoubtedly respectable; it was, generally, composed of members of the then and preceding Congresses: as a body of respectable men we ought to view it. To select individual names, is an invitation to personal attacks, and the advocates, for their own sake, ought to have known the abilities, politics, and situation of some of their favourite characters better, before they held them up to view in the manner they did, as men entitled to our implicit political belief: they ought to have known, whether all the men they so held up to view could, for their past conduct in public offices, be approved or not by the public records, and the honest part of the community. These ardent advocates seem now to be peevish and angry, because, by their own folly, they have led to an investigation of facts and of political characters, unfavourable to them, which they had not the discernment to foresee. They may well apprehend they have opened a door to some Junius, or to some man, after his manner, with his polite addresses to men by name, to state serious facts, and unfold the truth; but these advocates may rest assured, that cool men in the opposition, best acquainted with the affairs of the country, will not, in the critical passage of a people from one constitution to another, pursue inquiries, which, in other circumstances, will be deserving of the highest praise. I will say nothing further about political characters, but examine the constitution; and as a necessary and previous measure to a particular examination, I shall state a few general positions and principles, which receive a general assent, and briefly notice the leading features of the confederation, and several state conventions [i.e., constitutions], to which, through the whole investigation, we must frequently have recourse, to aid the mind in its determinations."

Now another confusion concerning the meaning of the term national, as if the word was a synonym for federal, yet distinctions were elucidated in other works by this author, and others. National is explained as a connection to individuals, as exemplified by some form of tax upon individuals, while a federal tax is a demand for what amounts to an insurance policy premium, a payment to cover the costs of maintaining a voluntary mutual defense association.

"Our territories are far too extensive for a limited monarchy, in which the representatives must frequently assemble, and the laws operate mildly and systematically. The most elligible system is a federal republic, that is, a system in which national concerns may be transacted in the centre, and local affairs in state or district governments."


What exactly is meant in the following:

"The people by Magna Charta, &c. did not acquire powers, or receive privileges from the king, they only ascertained and fixed those they were entitled to as Englishmen; the title used by the king “we grant,” was mere form. Representation, and the jury trial, are the best features of a free government ever as yet discovered, and the only means by which the body of the people can have their proper influence in the affairs of government."

A confirmation of "equal protection," in other words:

"Individual security consists in having free recourse to the laws—"

Next are words describing the process often called "Mob Rule" or "democracy," and again this is a confounding of words, which causes confusion. Also on the following are words that describe the process known as "experiments in democracy," which can be described also as free market government services. "Popular instability" could mean an abuse of power accountable to any number of people having the power to abuse, but how can that happen more than once if those who are abusing power are held to account for that abuse of power? Only in despotic organizations, also known a involuntary associations, can any number of people gain enough power to abuse more than a few times. The check on abuse of power is supposed to be rule of law, or the capacity of any number of people to process anyone accused of wrongdoing (abuse of power), so that brings back the earlier quote concerning equal protection, or free access to rule of law.

"Pennsylvania has lodged all her legislative powers in a single branch, and Georgia has done the same; the other eleven states have each in their legislatures a second or senatorial branch. In forming this they have combined various principles, and aimed at several checks and balances. It is amazing to see how ingenuity has worked in the several states to fix a barrier against popular instability."

Next are references to something called "freehold," which could possibly mean allodial title. The following also lends more information to the concept of free market government (in a voluntary mutual defense association or federation), also known as "experiments in democracy."

"In New-York the electors must each have a freehold worth 250 dollars, in North-Carolina a freehold of fifty acres of land; in the other states the electors of senators are qualified as electors of representatives are. In Massachusetts a senator must have a freehold in his own right worth 1000 dollars, or any estate worth 2000, in New Jersey any estate worth 2666, in South-Carolina worth 1300 dollars, in North-Carolina 300 acres of land in fee, &c. The numbers of senators in each state are from ten to thirty-one, about 160 in the eleven states, about one to 14000 inhabitants."

Ending letter VI with another mention of trial by jury and the common law:

"Each state has a judicial branch; each common law courts, superior and inferior; some chancery and admiralty courts: The courts in general sit in different places, in order to accommodate the citizens. The trial by jury is had in all the common law courts, and in some of the admiralty courts. The democratic freemen principally form the juries; men destitute of property, of character, or under age, are excluded as in elections. Some of the judges are during good behaviour, and some appointed for a year, and some for years; and all are dependant on the legislatures for their salaries-Particulars respecting this department are too many to be noticed here."


LETTER VII.
DECEMBER 31, 1787

In the words below there is missing the force of deception, which is odd because among the works of this Farmer are words eluding to the deceptions employed by the Nationalists to mislabel themselves as Federalists, and mislabel their opposition as Anti-Federalists. The power of deception includes the power to ignore that power.

"Perhaps it is not possible for a government to be so despotic, as not to operate persuasively on some of its subjects; nor is it, in the nature of things, I conceive, for a government to be so free, or so supported by voluntary consent, as never to want force to compel obedience to the laws. In despotic governments one man, or a few men, independant of the people, generally make the laws, command obedience, and inforce it by the sword: one-fourth part of the people are armed, and obliged to endure the fatigues of soldiers, to oppress the others and keep them subject to the laws. In free governments the people, or their representatives, make the laws; their execution is principally the effect of voluntary consent and aid; the people respect the magistrate, follow their private pursuits, and enjoy the fruits of their labour with very small deductions for the public use."

Next is a reference to confidence, and if deception is the rule, not the exception, then it is a confidence scheme: con job.

"It being impracticable for the people to assemble to make laws, they must elect legislators, and assign men to the different departments of the government. In the representative branch we must expect chiefly to collect the confidence of the people, and in it to find almost entirely the force of persuasion. In forming this branch, therefore, several important considerations must be attended to. It must possess abilities to discern the situation of the people and of public affairs, a disposition to sympathize with the people, and a capacity and inclination to make laws congenial to their circumstances and condition: it must afford security against interested combinations, corruption and influence; it must possess the confidence, and have the voluntary support of the people."

Next are words eluding to the Mob Rule (false democracy) scheme, having to do with the same process noted by the work on the Athenian Constitution, whereby electoral politics tends toward oligarchy. When, as stated earlier by Federal Farmer, the trial by jury (consent of the governed) process is in force, there is both determination to find the truth (a jury that is not criminally stacked toward falsehood), and there is a true representation of the country (nation?), as jurors are randomly selected as is done in science known as a "representative sample." So here, in fact (if facts matter), the proposed Mob Rule (so -called democracy) aspect of the Con Con Con Job is a representation of the oligarchy, not the "nation" (country: people as one), thereby a false "check" on the oligarchic Senate, and oligarchic King.

"Where the people, or their representatives, make the laws, it is probable they will generally be fitted to the national character and circumstances, unless the representation be partial, and the imperfect substitute of the people."

Further words on a the same Mob Rule (the people govern themselves) are again stated by Federal Farmer. Why is it assumed that a government will be corrupt, or involuntary? If trial by jury works, then there is no Mob Rule, no corruption (none that is out of the reach of the grand jurors, and trial jurors), and therefore whoever rules, no matter which portion of the whole people, a king, a senate, a mob, whatever, it is rule by voluntary association: consent. If it is assumed that it will be unconsentual rule, also known as crime, then why is it assumed, especially when it is at the same time assumed that trial by jury (common law) will be in force? The answer is obvious: trial by jury is thrown out, and replaced with summary justice.

"However, the people may be electors, if the representation be so formed as to give one or more of the natural classes of men in the society an undue ascendency over the others, it is imperfect; the former will gradually become masters, and the latter slaves. It is the first of all among the political balances, to preserve in its proper station each of these classes."

Naming "classes" rather than names, Federal Farmer explains who (which groups) are behind the corrupting of government, this is the same message offered in the Athenian Constitution work. If government is consensual (not corrupt), not slavery under the color of law (corrupt), it is maintained that way through trial by the country (nation? or the whole people as one: republic), as representation of the people is actual, not chimerical.

"We talk of balances in the legislature, and among the departments of government; we ought to carry them to the body of the people. Since I advanced the idea of balancing the several orders of men in a community, in forming a genuine representation,s and seen that idea considered as chemerical, I have been sensibly struck with a sentence in the marquis Beccaria’,s treatise: this sentence was quoted by congress in 1774, and is as follows:—”In every society there is an effort continually tending to confer on one part the height of power and happiness, and to reduce the others to the extreme of weakness and misery; the intent of good laws is to oppose this effort, and to diffuse their influence universally and equally.” Add to this Montesquieu’s opinion, that “in a free state every man, who is supposed to be a free agent, ought to be concerned in his own government: therefore, the legislative should reside in the whole body of the people, or their representatives.” It is extremely clear that these writers had in view the several orders of men in society, which we call aristocratical, democratical, merchantile, mechanic, &c. and perceived the efforts they are constantly, from interested and ambitious views, disposed to make to elevate themselves and oppress others. Each order must have a share in the business of legislation actually and efficiently. It is deceiving a people to tell them they are electors, and can chuse their legislators, if they cannot, in the nature of things, chuse men from among themselves, and genuinely like themselves. "

Next is a greater elaboration on the divisions between classes (in a voluntary association there is no corruption), with notations on who, and why, there are abuses, but if the government is voluntary (trial by jury), then abuses are not legal, and therefore abuses are a problem that can be solved by due process, which is the actual law, not statutes, whereby statutes are suggestions.

"I wish you to take another idea along with you; we are not only to balance these natural efforts, but we are also to guard against accidental combinations; combinations founded in the connections of offices and private interests, both evils which are increased in proportion as the number of men, among which the elected must be, are decreased. To set this matter in a proper point of view, we must form some general ideas and descriptions of the different classes of men, as they may be divided by occupations and politically: the first class is the aristocratical. There are three kinds of aristocracy spoken of in this country—the first is a constitutional one, which does not exist in the United States in our common acceptation of the word. Montesquieu, it is true, observes, that where a part of the persons in a society, for want of property, age, or moral character, are excluded any share in the government, the others, who alone are the constitutional electors and elected, form this aristocracy; this according to him, exists in each of the United States, where a considerable number of persons, as all convicted of crimes, under age, or not possessed of certain property, are excluded any share in the government; the second is an aristocratic faction, a junto of unprincipled men, often distinguished for their wealth or abilities, who combine together and make their object their private interests and aggrandizement; the existence of this description is merely accidental, but particularly to be guarded against. The third is the natural aristocracy; this term we use to designate a respectable order of men, the line between whom and the natural democracy is in some degree arbitrary; we may place men on one side of this line, which others may place on the other, and in all disputes between the few and the many, a considerable number are wavering and uncertain themselves on which side they are, or ought to be. In my idea of our natural aristocracy in the United States, I include about four or five thousand men; and among these I reckon those who have been placed in the offices of governors, of members of Congress, and state senators generally, in the principal officers of Congress, of the army and militia, the superior judges, the most eminent professional men, &c. and men of large property—the other persons and orders in the community form the natural democracy; this includes in general the yeomanry, the subordinate officers, civil and military, the fishermen, mechanics and traders, many of the merchants and professional men. It is easy to perceive that men of these two classes, the aristocratical, and democratical, with views equally honest, have sentiments widely different, especially respecting public and private expences, salaries, taxes, &c. Men of the first class associate more extensively, have a high sense of honor, possess abilities, ambition, and general knowledge: men of the second class are not so much used to combining great objects; they possess less ambition, and a larger share of honesty: their dependence is principally on middling and small estates, industrious pursuits, and hard labour, while that of the former is principally on the emoluments of large estates, and of the chief offices of government. Not only the efforts of these two great parties are to be balanced, but other interests and parties also, which do not always oppress each other merely for want of power, and for fear of the consequences; though they, in fact, mutually depend on each other; yet such are their general views, that the merchants alone would never fail to make laws favourable to themselves and oppressive to the farmers, &c. the farmers alone would act on like principles; the former would tax the land, the latter the trade. The manufacturers are often disposed to contend for monopolies, buyers make every exertion to lower prices, and sellers to raise them; men who live by fees and salaries endeavour to raise them, and the part of the people who pay them, endeavour to lower them; the public creditors to augment the taxes, and the people at large to lessen them. Thus, in every period of society, and in all the transactions of men, we see parties verifying the observation made by the Marquis; and those classes which have not their centinels in the government, in proportion to what they have to gain or lose, must infallibly be ruined."

Next is elaboration on the concept of "Mob Rule" as a creation of the enfranchised oligarchy (corrupt rulers) upon the disenfranchised slaves.

"Efforts among parties are not merely confined to property; they contend for rank and distinctions; all their passions in turn are enlisted in political controversies—Men, elevated in society, are often disgusted with the changeableness of the democracy, and the latter are often agitated with the passions of jealousy and envy: the yeomanry possess a large share of property and strength, are nervous and firm in their opinions and habits—the mechanics of towns are ardent and changeable, honest and credulous, they are inconsiderable for numbers, weight and strength, not always sufficiently stable for the supporting free governments; the fishing interest partakes partly of the strength and stability of the landed, and partly of the changeableness of the mechanic interest. As to merchants and traders, they are our agents in almost all money transactions; give activity to government, and possess a considerable share of influence in it. It has been observed by an able writer, that frugal industrious merchants are generally advocates for liberty. It is an observation, I believe, well founded, that the schools produce but few advocates for republican forms of government; gentlemen of the law, divinity, physic, &c. probably form about a fourth part of the people; yet their political influence, perhaps, is equal to that of all the other descriptions of men; if we may judge from the appointments to Congress, the legal characters will often, in a small representation, be the majority; but the more the representatives are encreased, the more of the farmers, merchants, &c. will be found to be brought into the government."

Again Federal Farmer elaborates on the scheme by which the angry mob is created by those against so-called democracy.

"Could we get over all our difficulties respecting a balance of interests and party efforts, to raise some and oppress others, the want of sympathy, information and intercourse between the representatives and the people, an insuperable difficulty will still remain, I mean the constant liability of a small number of representatives to private combinations; the tyranny of the one, or the licentiousness of the multitude, are, in my mind, but small evils, compared with the factions of the few. It is a consideration well worth pursuing, how far this house of representatives will be liable to be formed into private juntos, how far influenced by expectations of appointments and offices, how far liable to be managed by the president and senate, and how far the people will have confidence in them. To obviate difficulties on this head, as well as objections to the representative branch, generally, several observations have been made—these I will now examine, and if they shall appear to be unfounded, the objections must stand unanswered."

Next the Federal Farmer appears to have given license to the replacement of a Federal System of Independent Nations (states) joined voluntarily for mutual defense (which is in itself a benefit) - preplacing voluntary association - with involuntary association, or a Nation State (consolidating the states, which are then no longer experiments in democracy) with absolute power, since trial by jury is placed under the summary justice "Supreme" courts system of exortion. Note in the words following that had he been speaking about one Nation State (one of the states that constitute the federation), then any imperfections in that individual Nation State could be compared to imperfections in the other Nation States, as well as any perfections compared in those experiments in democracy. If one Nation State becomes mobbish, and another Nation State becomes tyrannical, which appears to be the opposite directions that Nation States may go when they become tyrannical, or involuntary, or criminal, and while seeing this in this light, would it also be noted that those states, having become tyrannical in either of those directions, would have had to usurp trial by jury?
Note also the use of the "That..." beginning to each message.

"That the state governments will form a part of, and a balance in the system.

"That Congress will have only a few national objects to attend to, and the state governments many and local ones.
That the new Congress will be more numerous than the present, and that any numerous body is unwieldy and mobbish.

"That the states only are represented in the present Congress, and that the people will require a representation in the new one; that in fifty or an hundred years the representation will be numerous.

"That congress will have no temptation to do wrong; and that no system to enslave the people is practicable.
That as long as the people are free they will preserve free governments; and that when they shall become tired of freedom, arbitrary government must take place."


LETTER VIII.
JANUARY 3, 1788

"Before the Norman conquest the people of England enjoyed much of this liberty. The first of the Norman kings, aided by foreign mercenaries and foreign attendants, obnoxious to the English, immediately laid arbitrary taxes, and established arbitrary courts, and severely oppress[ed] all orders of people: The barons and people, who recollected their former liberties, were induced, by those oppressions, to unite their efforts in their common defence:"

Note the routine of criminal gangs counterfeiting government by counterfeiting tax (real tax is voluntary: consented to by the taxed), counterfeiting courts, whereby the criminal gangs exist only so long as their slaves continue to fund the actions perpetrated by the criminal gangs.

"It was in this united situation the people of England were for several centuries, enabled to combine their exertions, and by compacts, as Magna Charta, a bill of rights, &c. were able to limit, by degrees, the royal prerogatives, and establish their own liberties."

A failure there is exposed in the contradiction of people having to "establish" something that already exists, something that existed before, and after, that something was established. I could be less contradictory, and less of a failure to explain that it was reestablished as a duty required of free people: to hold everyone, inlcuding governments, to account for their crimes: a deterent. That process of holding everyone, even government agents, to account is the work required by people to maintain liberty: due process of law, equal protection under the law, rule of law, trial by the country according to the common law, etc.

In the work of Lysander Spooner, for example, the Saxons brought to England the concept of the people being the government with their trial by the country, that was done after the Roman Empire collapsed (all criminal organizations feed upon itself: consume itself) and could no longer afford to subject English people to Roman Extortion under the color of law. The English were thereby governing themselves as Anglo-Saxons, that was before the Norman Conquest.

"In England, the people have been led uniformly, and systematically by their representatives to secure their rights by compact, and to abolish innovations upon the government: they successively obtained Magna Charta, the powers of taxation, the power to propose laws, the habeas corpus act, bill of rights, &c. they, in short, secured general and equal liberty, security to their persons and property; and, as an everlasting security and bulwark of their liberties, they fixed the democratic branch in the legislature, and jury trial in the execution of the laws, the freedom of the press, &c."

There in those words are falsehoods, or half truths, as the English were, and still are, criminals who fund aggressive wars for profit, as exemplified in the aggressive attack upon America, so as to subsidize the enslavement of Americans, and any other slaves, such as the Irish, and Africans. And as to the English Magna Carta, that was a document that did not establish what already existed, which was trial by the country, or government by the people themselves, the document merely recorded a King's acknowlegment of that fact, and furthermore the same King rejected the document when he sold the English (and Americans) out to the Roman Pope. Look up The papal bull annulling Magna Carta, and the criminal in the case is ironically named Pope Innocent III.

Next are words from Federal Farmer explaining more of the same half truth concerning how the people represent the government. In the following words he explains that the Con of 1789 will under-represent the people, and over-represent the aristocracy. Why is it that the aristocracy has any more say than the laborers, or the Indians, or the African slaves, or the Irish indentured servants? Why isn't Congress divided into all those parts, why is it that the aristocracy are somehow given (actually they take, by criminal means) special priviledges in government? The answer is clearly such that they buy (bribe) their way into power, after they steal their way into power, by fraud, threat of aggressive violence, and aggressive violence.


" The whole community, probably, not more than two-fifths more numerous than we now are, were represented by seven or eight hundred men; the barons stipulated with the common people, and the king with the whole. Had the legal distinction between lords and commons been broken down, and the people of that island been called upon to elect forty-five senators, and one hundred and twenty representatives, about the proportion we propose to establish, their whole legislature evidently would have been of the natural aristocracy, and the body of the people would not have had scarcely a single sincere advocate; their interests would have been neglected, general and equal liberty forgot, and the balance lost; contests and conciliations, as in most other countries, would have been merely among the few, and as it might have been necessary to serve their purposes, the people at large would have been flattered or threatened, and probably not a single stipulation made in their favour."

Next is a general contradiction that confesses something worth known: many seeking power during the power grab (filling a vacuum) after the Revolutionary War claimed that governments ought to be resisted from time to time (having just resisted the British Empire, to say otherwise would be contradictory), and yet the resistance in Massachusetts (so-called Shays's Rebellion) was claimed as the reason to get rid of the Federation, and turn the Federation (where resistance is legal) into a Nation State (where crushing resistance, and making the resistors pay for crushing the resistance, is "legal"). So there is the confession, those who may claim that resistance is necessary (when they do it, see Generalissimo Washington), are those who crush resistance when resistors refuse to pay for their own demise.

"We are not like the people of England, one people compactly settled on a small island, with a great city filled with frugal merchants, serving as a common centre of liberty and union: we are dispersed, and it is impracticable for any but the few to assemble in one place: the few must be watched, checked, and often resisted—tyranny has ever shewn a prediliction to be in close amity with them, or the one man. Drive it from kings and it flies to senators, to dicemvirs, to dictators, to tribunes, to popular leaders, to military chiefs, &c."

And finally in Letter 8:

"De Lome well observes, that in societies, laws which were to be equal to all are soon warped to the private interests of the administrators, and made to defend the usurpations of a few. The English, who had tasted the sweets of equal laws, were aware of this, and though they restored their king, they carefully delegated to parliament the advocates of freedom.

"I have often lately heard it observed, that it will do very well for a people to make a constitution, and ordain, that at stated periods they will chuse, in a certain manner, a first magistrate, a given number of senators and representatives, and let them have all power to do as they please. This doctrine, however it may do for a small republic, as Connecticut, for instance, where the people may chuse so many senators and representatives to assemble in the legislature, in an eminent degree, the interests, the views, feelings, and genuine sentiments of the people themselves, can never be admitted in an extensive country; and when this power is lodged in the hands of a few, not to limit the few, is but one step short of giving absolute power to one man—in a numerous representation the abuse of power is a common injury, and has no temptation—among the few, the abuse of power may often operate to the private emolument of those who abuse it."

LETTER VIII.
JANUARY 4, 1788

"Before I proceed to examine the objections, I beg leave to add a valuable idea respecting representation, to be collected from De Lome, and other able writers, which essentially tends to confirm my positions: They very justly impute the establishment of general and equal liberty in England to a balance of interests and powers among the different orders of men; aided by a series of fortunate events, that never before, and possibly never again will happen."

Those words above explain the situation in America whereby people became the government when their former government (Britain) showed its true colors (criminal colors) when Britain perpetrated war of aggression for profit (enslavement under the color of law) upon Americans. That was before the criminals took over in 1789.

Next are words describing the historical pendulum that swings from freedom to despotism, and note that freedom is for all, not for a few who gain at the expense of the many, which lends to concepts that uncover processes such as trial by the country, where all is in command through their tribunals, and the few are held to account whenever the few work to gain at the expense of the many.

"Before the Norman conquest the people of England enjoyed much of this liberty. The first of the Norman kings, aided by foreign mercenaries and foreign attendants, obnoxious to the English, immediately laid arbitrary taxes, and established arbitrary courts, and severely oppress[ed] all orders of people: The barons and people, who recollected their former liberties, were induced, by those oppressions, to unite their efforts in their common defence: Here it became necessary for the great men, instead of deceiving and depressing the people, to enlighten and court them; the royal power was too strongly fixed to be annihilated, and rational means were, therefore directed to limiting it within proper bounds. In this long and arduous task, in this new species of contests, the barons and people succeeded, because they had been freemen, and knew the value of the object they were contending for; because they were the people of a small island—one people who found it practicable to meet and deliberate in one assembly, and act under one system of resolves, and who were not obliged to meet in different provincial assemblies, as is the case in large countries, as was the case in France, Spain, &c. where their determinations were inconsistent with each other, and where the king could play off one assembly against another."

Next are words are again people representing all people establishing "their own liberties," not special interest groups, elite, aristocracy, crime bosses, offering protection insurance policies that must be purchased or else.

"It was in this united situation the people of England were for several centuries, enabled to combine their exertions, and by compacts, as Magna Charta, a bill of rights, &c. were able to limit, by degrees, the royal prerogatives, and establish their own liberties. The first combination was, probably, the accidental effect of pre-existing circumstances; but there was an admirable balance of interests in it, which has been the parent of English liberty, and excellent regulations enjoyed since that time. The executive power having been uniformly in the king, and he the visible head of the nation, it was chimerical for the greatest lord or most popular leader, consistent with the state of the government, and opinion of the people, to seriously think of becoming the king’,s rival, or to aim at even a share of the executive power; the greatest subject’,s prospect was only in acquiring a respectable influence in the house of commons, house of lords, or in the ministry; circumstances at once made it the interests of the leaders of the people to stand by them. Far otherwise was it with the ephori in Sparta, and tribunes in Rome. The leaders in England have led the people to freedom, in almost all other countries to servitude. The people in England have made use of deliberate exertions, their safest and most efficient weapons. In other countries they have often acted like mobs, and been enslaved by their enemies, or by their own leaders. In England, the people have been led uniformly, and systematically by their representatives to secure their rights by compact, and to abolish innovations upon the government: they successively obtained Magna Charta, the powers of taxation, the power to propose laws, the habeas corpus act, bill of rights, &c. they, in short, secured general and equal liberty, security to their persons and property; and, as an everlasting security and bulwark of their liberties, they fixed the democratic branch in the legislature, and jury trial in the execution of the laws, the freedom of the press, &c."



"The true idea is, so to open and enlarge the representation as to let in a due proportion of the third class with those of the first."

Above is a small portion of the effort to expose the anti-democratic (not Mob Rule democracy, but rule by the whole people, so anti-demoratic means rule by the few, which is absolute rule, which corrupts everyone as a rule) nature of the proposed "Constitution" intended to replace the existing Constitution. Note the reference to more democratic military government compared to a less democratic "Constitution," which is counterfeit as explained with the reference to aristocracy ruling the lower classes: without consent. Consent is facilitated with trial by jury. See the Athenian example of democracy, and see the work by Rothbard titled Generalissimo Washington on the differences between bottom up, democracy, or rule by the people themselves, versus rule by a so-called "elite."

Next are words explaining the mob rule vs expert rule (ignoring trial by the country?), and the workable size of a specific form of government: respublica or public thing.

"The body of the people must have this true representative security placed some where in the nation; and in the United States, or in any extended empire, I am fully persuaded can be placed no where, but in the forms of a federal republic, where we can divide and place it in several state or district legislatures, giving the people in these the means of opposing heavy internal taxes and oppressive measures in the proper stages. A great empire contains the amities and animosities of a world within itself. We are not like the people of England, one people compactly settled on a small island, with a great city filled with frugal merchants, serving as a common centre of liberty and union: we are dispersed, and it is impracticable for any but the few to assemble in one place: the few must be watched, checked, and often resisted—tyranny has ever shewn a prediliction to be in close amity with them, or the one man. Drive it from kings and it flies to senators, to dicemvirs, to dictators, to tribunes, to popular leaders, to military chiefs, &c."

Next is a familiar process:

"De Lome well observes, that in societies, laws which were to be equal to all are soon warped to the private interests of the administrators, and made to defend the usurpations of a few. The English, who had tasted the sweets of equal laws, were aware of this, and though they restored their king, they carefully delegated to parliament the advocates of freedom.

"I have often lately heard it observed, that it will do very well for a people to make a constitution, and ordain, that at stated periods they will chuse, in a certain manner, a first magistrate, a given number of senators and representatives, and let them have all power to do as they please. This doctrine, however it may do for a small republic, as Connecticut, for instance, where the people may chuse so many senators and representatives to assemble in the legislature, in an eminent degree, the interests, the views, feelings, and genuine sentiments of the people themselves, can never be admitted in an extensive country; and when this power is lodged in the hands of a few, not to limit the few, is but one step short of giving absolute power to one man—in a numerous representation the abuse of power is a common injury, and has no temptation—among the few, the abuse of power may often operate to the private emolument of those who abuse it."


Federal Farmer: An Additional Number of Letters to the Republican
http://teachingamericanhistory.org/library/document/federal-farmer-an-additional-number-of-letters-to-the-republican/

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LETTER IX.
JANUARY 4, 1788.

"DEAR SIR, The advocates of the constitution say we must trust to the administration, and elect good men for representatives. I admit, that in forming the social compact, we can fix only general principles, and, of necessity, must trust something to the wisdom and integrity of the administration. But the question is, do we not trust too much, and to men also placed in the vortex of temptation, to lay hold of proffered advantages for themselves and their connections, and to oppress the body of the people."

That is the familiar warning, having to do with opposing principles, people agreeing to defend each other on the one side, and people claiming to be the only ones capable of saving people from themselves on the other side. On the false claim side are those whose methods include deception, threat of aggressive violence, and examples of aggressive violence upon innocent people: done so as to protect them from themselves.

Federal Farmer expands on what amounts to "experiments in democracy" which happens in a true federal agreement, while no such thing is possible in a single Nation State: profitable monopoly.

Then the following is worth repeating, rereading, publishing, and knowing.

"But if I am right, it is asked why so many respectable men advocate the adoption of the proposed system. Several reasons may be given—many of our gentlemen are attached to the principles of monarchy and aristocracy; they have an aversion to democratic republics. The body of the people have acquired large powers and substantial influence by the revolution. In the unsettled state of things, their numerous representatives, in some instances, misused their powers, and have induced many good men suddenly to adopt ideas unfavourable to such republics, and which ideas they will discard on reflection. Without scrutinizing into the particulars of the proposed system, we immediately perceive that its general tendency is to collect the powers of government, now in the body of the people in reality, and to place them in the higher orders and fewer hands; no wonder then that all those of and about these orders are attached to it: they feel there is something in this system advantageous to them. On the other hand, the body of the people evidently feel there is something wrong and disadvantageous to them; both descriptions perceive there is something tending to bestow on the former the height of power and happiness, and to reduce the latter to weakness, insignificance, and misery. The people evidently feel all this though they want expressions to convey their ideas. Further, even the respectable part of the democracy, have never yet been able to distinguish clearly where the fallacy lies; they find there are defects in the confederation; they see a system presented, they think something must be done, and, while their minds are in suspence, the zealous advocates force a reluctant consent. Nothing can be a stronger evidence of the nature of this system, than the general sense of the several orders in the community respecting its tendency; the parts taken generally by them proves my position, that notwithstanding the parade of words and forms, the government must possess the soul of aristocracy."

Here is a curious bit of fence sitting:

"We are not to expect even honest men rigidly to adhere to the line of strict impartiality, where the interest of themselves or friends is particularly concerned; if we do expect it, we shall deceive ourselves, and make a wrong estimate of human nature.

"But it is asked how shall we remedy the evil, so as to complete and perpetuate the temple of equal laws and equal liberty? Perhaps we never can do it. Possibly we never may be able to do it, in this immense country, under any one system of laws however modified; nevertheless, at present, I think the experiment worth a making. I feel an aversion to the disunion of the states, and to separate confederacies; the states have fought and bled in a common cause, and great dangers too may attend these confederacies. I think the system proposed capable of very considerable degrees of perfection, if we pursue first principles. I do not think that De Lome, or any writer I have seen, has sufficiently pursued the proper inquiries and efficient means for making representation and balances in government more perfect; it is our task to do this in America. Our object is equal liberty, and equal laws diffusing their influence among all orders of men; to obtain this we must guard against the biass of interest and passions, against interested combinations, secret or open; we must aim at a balance of efforts and strength."


LETTER X.
JANUARY 7, 1788.


Distinctions of factions caused by a force that creates "natural aristocracy?" The federal government (aristocracy) and the state governments (all the people as one: democracy) do not have a common interest, due to the method of electing representatives?


"I conceive the position to be undeniable, that the federal government will be principally in the hands of the natural aristocracy, and the state governments principally in the hands of the democracy, the representatives of the body of the people. These representatives in Great-Britain hold the purse, and have a negative upon all laws. We must yield to circumstances, and depart something from this plan, and strike out a new medium, so as to give efficacy to the whole system, supply the wants of the union, and leave the several states, or the people assembled in the state legislatures, the means of defence."

The power to tax in the hands of the aristocracy (federal government) will render the people poor, therefore the power to tax the people ought to be guarded by the people: see Lysander Spooner and free market insurance companies in competition to provide the higher quality and lower cost policy to the people as a whole.

"It has been often mentioned, that the objects of congress will be few and national, and require a small representation; that the objects of each state will be many and local, and require a numerous representation. This circumstance has not the weight of a feather in my mind. It is certainly unadvisable to lodge in 65 representatives, and 26 senators, unlimited power to establish systems of taxation, armies, navies, model the militia, and to do every thing that may essentially tend soon to change, totally, the affairs of the community; and to assemble 1500 state representatives, and 160 senators, to make fence laws, and laws to regulate the descent and conveyance of property, the administration of justice between man and man, to appoint militia officers, &c."


Next is a specific explanation of federal association, having to do with the power to tax, and the concept of sovereignty.

"These few considerations bring us to the very strong distinction between the plan that operates on federal principles, and the plan that operates on consolidated principles. A plan may be federal or not as to its organization; each state may retain its vote or not; the sovereignty of the state may be represented, or the people of it. A plan may be federal or not as to its operations—federal when it requires men and monies of the states, and the states as such make the laws for raising the men and monies—Not federal, when it leaves the states governments out of the question, and operates immediately upon the persons and property of the citizens. The first is the case with the confederation, the second with the new plan: in the first the state governments may be [a] check, in the last none at all. This distinction I shall pursue further hereafter, under the head before mentioned, of amendments as to internal taxes. And here I shall pursue a species of checks which writers have not often noticed."

Next is more on experiments in democracy, the fruits of having competition in government services:

"In objection to increasing the representation, it has also been observed, that it is difficult to assemble a hundred men or more without making them tumultuous and a mere mob; reason and experience do not support this observation. The most respectable assemblies we have any knowledge of and the wisest, have been those, each of which consisted of several hundred members; as the senate of Rome, of Carthage, of Venice, the British Parliament, &c. &c. I think I may without hazarding much, affirm, that our more numerous state assemblies and conventions have universally discovered more wisdom, and as much order, as the less numerous ones: There must be also a very great difference between the characters of two or three hundred men assembled from a single state, and the characters of the number or half the number assembled from all the united states."


Absolute (unchecked) power to extort wealth:


"It is not merely the quantity of information I contend for. Two taxing powers may be inconvenient; but the point is, congress, like the senate of Rome, will have taxing powers, and the people no check—when the power is abused, the people may complain and grow angry, so may the state governments; they may remonstrate and counteract, by passing laws to prohibit the collection of congressional taxes; but these will be acts of the people, acts of sovereign power, the dernier resort unknown to the constitution; acts operating in terrorum, acts of resistence, and not the exercise of any constitutional power to stop or check a measure before matured: a check properly is the stopping, by one branch in the same legislature, a measure proposed by the other in it. In fact the constitution provides for the states no check, properly speaking, upon the measures of congress—Congress can immediately enlist soldiers, and apply to the pockets of the people."


Federal or not federal, which is it?


"These few considerations bring us to the very strong distinction between the plan that operates on federal principles, and the plan that operates on consolidated principles. A plan may be federal or not as to its organization; each state may retain its vote or not; the sovereignty of the state may be represented, or the people of it. A plan may be federal or not as to its operations—federal when it requires men and monies of the states, and the states as such make the laws for raising the men and monies—Not federal, when it leaves the states governments out of the question, and operates immediately upon the persons and property of the citizens. The first is the case with the confederation, the second with the new plan: in the first the state governments may be [a] check, in the last none at all. This distinction I shall pursue further hereafter, under the head before mentioned, of amendments as to internal taxes. And here I shall pursue a species of checks which writers have not often noticed."

More rat smell:

"Another observation is, that congress will have no temptations to do wrong—the men that make it must be very uninformed, or suppose they are talking to children. In the first place, the members will be governed by all those motives which govern the conduct of men, and have before them all the allurements of offices and temptations, to establish unequal burdens, before described. In the second place, they and their friends, probably, will find it for their interests to keep up large armies, navies, salaries, &c. and in laying adequate taxes. In the third place, we have no good grounds to presume, from reason or experience, that it will be agreeable to their characters or views, that the body of the people should continue to have power effectually to interfere in the affairs of government. But it is confidently added, that congress will not have it in their power to oppress or enslave the people, that the people will not bear it. It is not supposed that congress will act the tyrant immediately, and in the face of day light. It is not supposed congress will adopt important measures, without plausible pretences, especially those which may tend to alarm or produce opposition. We are to consider the natural progress of things: that men unfriendly to republican equality will go systematically to work, gradually to exclude the body of the people from any share in the government, first of the substance, and then of the forms. The men who will have these views will not be without their agents and supporters. When we reflect, that a few years ago we established democratic republics, and fixed the state governments as the barriers between congress and the pockets of the people; what great progress has been made in less than seven years to break down those barriers, and essentially to change the principles of our governments, even by the armless few: is it chimerical to suppose that in fifteen or twenty years to come, that much more can be performed, especially after the adoption of the constitution, when the few will be so much better armed with power and influence, to continue the struggle? probably, they will be wise enough never to alarm, but gradually prepare the minds of the people for one specious change after another, till the final object shall be obtained. Say the advocates, these are only possibilities—they are probabilities, a wise people ought to guard against; and the address made use of to keep the evils out of sight, and the means to prevent them, confirm my opinion."

More rat smell:

"But to obviate all objections to the proposed plan in the last resort: it is said our people will be free, so long as they possess the habits of freemen, and when they lose them, they must receive some other forms of government. To this I shall only observe, that this is very humiliating language, and can, I trust, never suit a manly people, who have contended nobly for liberty, and declared to the world they will be free."

A statement that appears to once again ignore trial by jury, which is odd because the same writer has mentioned the importance of trial by jury (consent of the governed by the whole people, not a faction), and a confession of having used too many words (prolix):

"I have dwelt much longer than I expected upon the increasing the representation, the democratic interest in the federal system; but I hope the importance of the subject will justify my dwelling upon it. I have pursued it in a manner new, and I have found it necessary to be somewhat prolix, to illustrate the point I had in view. My idea has ever been, when the democratic branch is weak and small, the body of the people have no defence, and every thing to fear; if they expect to find genuine political friends in kings and nobles, in great and powerful men, they deceive themselves. On the other hand, fix a genuine democratic branch in the government, solely to hold the purse, and with the power of impeachment, and to propose and negative laws, cautiously limit the king and nobles, or the executive and the senate, as the case may be, and the people, I conceive, have but little to fear, and their liberties will be always secure."

Finally words concerning the power struggle:

"Congress may put the pay of the members unreasonably high, or so low as that none but the rich and opulent can attend; there are very strong reasons for supposing the latter, probably, will be the case, and a part of the same policy, which uniformly and constantly exerts itself to transfer power from the many to the few."

LETTER XI.
JANUARY 10, 1 788.


Institutionalized corruption: aristocracy.

"The senate, as a legislative branch, is not large, but as an executive branch quite too numerous. It is not to be presumed that we can form a genuine senatorial branch in the United States, a real representation of the aristocracy and balance in the legislature, any more than we can form a genuine representation of the people. Could we separate the aristocratical and democratical interests; compose the senate of the former, and the house of assembly of the latter, they are too unequal in the United States to produce a balance. Form them on pure principles, and leave each to be supported by its real weight and connections, the senate would be feeble, and the house powerful:—I say, on pure principles; because I make a distinction between a senate that derives its weight and influence from a pure source, its numbers and wisdom, its extensive property, its extensive and permanent connections; and a senate composed of a few men, possessing small property, small and unstable connections, that derives its weight and influence from a corrupt or pernicious source; that is, merely from the power given it by the constitution and laws, to dispose of the public offices, and the annexed emoluments, and by those means to interest officers, and the hungry expectants of offices, in support of its measures. I wish the proposed senate may not partake too much of the latter description."

Taking out one quote in the next paragraph to illustrate the power struggle claimed to be the protectors of property (aristocracy) and protectors of liberty (claimed to be the whole people as one), which is a false claim. The aristocracy seizes property by criminal means under the color of law, exemplified in the slave trade and banking fraud, which then empowers that criminal faction to profit from war: warmongers. If we all want to keep our property (at liberty) then how is that in any way a threat to anyone's property? The so-called aristocracy merely wants to protect their profitable monopoly, their crime spree that operates under the color of law.


Also in the paragraph from which the following sentence is found are points that inspire me to elaborate on the optimal size of a representative government whereby the whole people are represented. A federation of nation states, operating as free market government insurance companies, with people paying for or not paying for whichever provider provides the highest value at the lowest cost, is the federal (not national) agreement made by the representatives in the states, while the nation state wipes out that competition, and does so while claiming to be a better representation of all the people as one; yet (explained in the Kentucky and Virginia Resolutions book) there is no longer any liberty to choose a better service provider once all the governments are consolidated into one profitable monopoly fraud and extortion business: everyone is either made to pay or those who choose not to support crime are inspired to run away from that enslavement.

"By means of a democratic branch we may particularly secure personal liberty; and by means of a senatorial branch we may particularly protect property."

Then another warning concerning impending corruption institutionalized by the so-called aristocrats:

"Though I agree the federal senate, in the form proposed, may be useful to many purposes, and that it is not very necessary to alter the organization, modes of appointment, and powers of it in several respects; yet, without alterations in others, I sincerely believe it will, in a very few years, become the source of the greatest evils. Some of these alterations, I conceive, to be absolutely necessary, and some of them at least advisable."

Next is yet another qualification that defines a federation of independent (sovereign) states formed into a voluntary mutual defense association:

"The senators will represent sovereignties, which generally have, and always ought to retain, the power of recalling their agents; the principle of responsibility is strongly felt in men who are liable to be recalled and censured for their misconduct; and, if we may judge from experience, the latter will not abuse the power of recalling their members; to possess it, will, at least be a valuable check."


Next is once again a failure to acknowledge common law processes, rule of law, equal protection of the law, and why is it not acknowledged?

"I repeat it, it is interested combinations and factions we are particularly to guard against in the federal government, and all the rational means that can be put into the hands of the people to prevent them, ought to be provided and furnished for them."

More institutionalized rat smell:

" But in a government consisting of but a few members, elected for long periods, and far removed from the observation of the people, but few changes in the ordinary course of elections take place among the members; they become in some measure a fixed body, and often inattentive to the public good, callous, selfish, and the fountain of corruption."

In the following is a statement that ought to be exemplified with many examples, as now there are no examples since the enforcement of immunity against prosecution:

"It is only a rotation among the members of the federal legislature I shall contend for:
judges and officers at the heads of the judicial and executive departments, are in a very different situation, their offices and duties require the information and studies of many years for performing them in a manner advantageous to the people. These judges and officers must apply their whole time to the detail business of their offices, and depend on them for their support; then they always act under masters or superiors, and may be removed from office for misconduct..."



Federal Farmer: An Additional Number of Letters to the Republican
http://teachingamericanhistory.org/library/document/federal-farmer-an-additional-number-of-letters-to-the-republican/

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Joe Kelley
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LETTER XII.
JANUARY 12, 1788.

Plurality = corruption more so than Majority:

"But as partial, as liable to secret influence, and corruption as the choice by pluralities may be, I think, we cannot avoid it, without essentially increasing the federal representation, and adopting the principles of district elections."

"State executives (governor, lieutenant governor, attorney general, controller, secretary of state, and treasurer) are elected via plurality vote in single-winner contests."
https://ballotpedia.org/Electoral_systems_in_California

Federal Farmer adds:

"I might add many other observations to evince the superiority and solid advantages of proper district elections, and a choice by a majority, and to prove, that many evils attend the contrary practice: these evils we must encounter as the constitution now stands."

Here is a reference to the meaning of the word "alter," as in this case with regulations of elections, but my thinking here is to reinforce the meaning used in the Articles of Confederation, where there was no power given to replace the Articles, and therefore the power taken was arbitrary.

"By the constitution, the state legislatures shall prescribe the times, places, and manner of holding elections, but congress may make or alter such regulations. Power in congress merely to alter those regulations, made by the states, could answer no valuable purposes; the states might make, and congress alter them ad infinitum: and when the state should cease to make, or should annihilate its regulations, congress would have nothing to alter. But the states shall make regulations, and congress may make such regulations as the clause stands: the true construction is, that when congress shall see fit to regulate the times, places, and manner of holding elections, congress may do it, and state regulations, on this head, must cease: for if state regulations could exist, after congress should make a system of regulations, there would, or might, be two incompatible systems of regulations relative to the same subject."

LETTER XIII.
JANUARY 14, 1788.

Federal Farmer sums up the precise cause of modern despotism in America; criminals in government are effectually immune from the laws that they claim to be their source of authority:

"We all agree, that a large standing army has a strong tendency to depress and inslave the people; it is equally true that a large body of selfish, unfeeling, unprincipled civil officers has a like, or a more pernicious tendency to the same point. Military, and especially civil establishments, are the necessary appendages of society; they are deductions from productive labour, and substantial wealth, in proportion to the number of men employed in them; they are oppressive where unnecessarily extended and supported by men unfriendly to the people; they are injurious when too small, and supported by men too timid and dependant. It is of the last importance to decide well upon the necessary number of offices, to fill them with proper characters, and to establish efficiently the means of punctually punishing those officers who may do wrong."

Reference to sovereign states:

"Further, this sexennial senate of 26 members, representing 13 sovereign states, will not, in practice, be found to be a body to advise, but to order and dictate in fact; and the president will be a mere Primus inter pares."

The plan is to create an aristocracy:

"Further, this sexennial senate of 26 members, representing 13 sovereign states, will not, in practice, be found to be a body to advise, but to order and dictate in fact; and the president will be a mere Primus inter pares. The consequence will be, that the senate, with these efficient means of influence, will not only dictate, probably, to the president, but manage the house, as the constitution now stands; and under appearances of a balanced system, in reality, govern alone. There may also, by this undue connection, be particular periods when a very popular president may have a very improper influence upon the senate and upon the legislature. A council of appointment must very probably sit all, or near all, the year—the senate will be too important and too expensive a body for this. By giving the senate, directly or indirectly, an undue influence over the representatives, and the improper means of fettering, embarrassing, or controuling the president or executive, we give the government, in the very out set, a fatal and pernicious tendency to that middle undesirable point—aristocracy."

Multiple points following: requirement of accountability, and parable concerning half truths:

"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. (As to the lengthy writer in New-York you mention, I have attentively examined his pieces; he appears to be a candid good-hearted man, to have a good stile, and some plausible ideas; but when we carefully examine his pieces, to see where the strength of them lies; when the mind endeavours to fix on those material parts, which ought to be the essence of all voluminous productions, we do not find them: the writer appears constantly to move on a smooth surface, the part of his work, like the parts of a cob-house, are all equally strong and all equally weak, and all like those works of the boys, without an object; his pieces appear to have but little relation to the great question, whether the constitution is fitted to the condition and character of this people or not.)"




Federal Farmer: An Additional Number of Letters to the Republican
http://teachingamericanhistory.org/library/document/federal-farmer-an-additional-number-of-letters-to-the-republican/

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