We Hold These Truths…
"Know the Truth and the Truth shall make you Free"
The Two United States and the Law
Our forefathers, weary of the oppressive measures
that King
George III’s government forced upon them, in
common declared
their independence from England in 1776. They were
not expected
to be successful in that resistance. The moneyed
people had
backed England for two major reasons. First, our
forefathers
wanted a rigid, written Constitution “set in
concrete.” They
were familiar with the so-called Constitution of
England which
consisted largely of customs, precedents,
traditions, and
understandings, often vague and always flexible. They
wanted the
principle of English common law, that an act done by
any official
person or law-making body beyond his or its legal
competence was
simply void. Second, the thirteen little colonies
desired to
base their union on substance (gold and silver) --
real money. They well knew how the despotic governments of
Europe were
mortgaged to the hilt -- lock, stock, and barrel, the
land, the
people, everything -- to certain wealthy men who
controlled the
banks, the currency, and all credit, who lent credit
but did not loan gold and silver!
The United States of America was made up of a union
of what is
now fifty sovereign States, a three-branch
(legislative,
executive, and judicial) Republic known as The United
States of
America, or as termed in this article, the
Continental United
States. Its citizenry live in one of the fifty
States, and its laws are based on the Constitution, which is based on
Common Law.
Less than one hundred years after we became a nation,
a loophole
was discovered in the Constitution by cunning lawyers
in league
with the international bankers. They realized that
a separate
nation existed, by the same name, that Congress had
created in
Article I, Section 8, Clause 17. This “UNITED STATES” is a
Legislative Democracy within the Constitutional Republic, and is known as
the Federal UNITED STATES. It has exclusive,
unlimited
rule over its citizenry, the residents of the District of
Columbia, the territories and enclaves (Guam,
Midway Islands,
Wake Island, Puerto Rico, etc.), and anyone who is a
citizen by way of the 14th Amendment (naturalized
citizens). One “United States,” the Republic of fifty
States, has
the “stars and stripes” as its flag, but without any
fringe on
it. The Federal UNITED STATES’ flag is the stars
and stripes
with a yellow fringe, seen in all the courts. The
abbreviations
of the States of the Continental United States
are, with or
without the zip codes, Ala., Alas., Ariz., Ark., Cal.,
etc. The
abbreviations of the States under the jurisdiction of
the Federal
UNITED STATES, the Legislative Democracy, are AL, AK,
AZ, AR, CA, etc. (without any periods).
Under the Constitution, based on Common Law, the
Republic of the
Continental United States provides for legal cases
(1) at Law, (2) in Equity, and (3) in Admiralty:
(1) Law is the collective organization of the
individual right
to lawful defense. It is the will of the
majority, the
organization of the natural right of lawful defense. It is
the substitution of a common force for individual
forces, to
do only what the individual forces have a natural and
lawful
right to do: to protect persons, liberties, and
properties;
to maintain the right of each, and to cause justice to
reign
over us all. Since an individual cannot lawfully use
force
against the person, liberty, or property of
another individual, then the common force -- for the same
reason
cannot lawfully be used to destroy the person, liberty,
or property of individuals or groups. Law allows you
to do
anything you want to, as long as you don’t infringe
upon the
life, liberty or property of anyone else. Law
does not
compel performance. Today’s so-called laws
(ordinances,
statutes, acts, regulations, orders, precepts,
etc.) are
often erroneously perceived as law, but just
because
something is called a “law” does not necessarily make
it a
law. [There is a difference between “legal” and
“lawful.”
Anything the government does is legal, but it may
not be ·
lawful.]
(2) Equity is the jurisdiction of compelled
performance (for any
contract you are a party to) and is based on what is
fair in
a particular situation. The term “equity”
denotes the
spirit and habit of fairness, justness, and right
dealing
which would regulate the intercourse of men with
men. You
have no rights other than what is specified in
your contract. Equity has no criminal aspects to it. (3) Admiralty is compelled performance plus
a criminal penalty, a civil contract with a criminal penalty.
By 1938 the gradual merger procedurally between law
and equity
actions (i.e., the same court has jurisdiction
over legal,
equitable, and admiralty matters) was recognized. The
nation was
bankrupt and was owned by its creditors (the
international
bankers) who now owned everything -- the
Congress, the
Executive, the courts, all the States and their
legislatures and
executives, all the land, and all the people. Everything was
mortgaged in the national debt. We had gone
from being
sovereigns over government to subjects under
government, through
the use of negotiable instruments to discharge our
debts with
limited liability, instead of paying our debts at
common law with gold or silver coin. The remainder of this article explains how this
happened, where
we are today, and what remedy we have to protect
ourselves from this system.
Our Present Commercial System of “Law”
and the REMEDY Provided for Our Protection
The present commercial system of “law” has replaced
the old and
familiar Common Law upon which our nation was
founded. The
following is the legal thread which brought us from
sovereigns
over government to subjects under government, through
the use of
negotiable instruments (Federal Reserve Notes) to
discharge our
debts with limited liability instead of paying our
debts at common law with gold or silver coin. The change in our system of law from public law
to private
commercial law was recognized by the Supreme Court of
the UNITED STATES in the Erie Railroad vs. Thompkins case of
1938, after
which case, in the same year, the procedures of
Law were
officially blended with the procedures of Equity. Prior to 1938,
all U.S. Supreme Court decisions were based upon
public law --
or that system of law that was controlled by
Constitutional
limitation. Since 1938, all U.S. Supreme Court
decisions are based upon what is termed public policy. Public policy concerns commercial transactions made
under the
Negotiable Instrument’s Law, which is a
branch of the
international Law Merchant. This has been codified
into what is
now known as the Uniform Commercial Code, which system
of law was
made uniform throughout the fifty States through the
cunning of
the Congress of the UNITED STATES (which “UNITED STATES” has its
origin in Article I, Section 8, Clause 17 of the
Constitution, as
distinguished from the “united states of America,” which is the
Union of the fifty States). In offering grants of negotiable paper (Federal
Reserve Notes)
which the Congress gave to the fifty States of the
Union for
education, highways, health, and other purposes,
Congress bound
all the States of the Union into a commercial
agreement with the
Federal UNITED STATES (as distinguished from the
Continental
United States). The fifty States accepted the
“benefits” offered
by the Federal UNITED STATES as the consideration of a
commercial
agreement between the Federal UNITED STATES and
each of the
corporate States. The corporate States were then
obligated to
obey the Congress of the Federal UNITED STATES and also
to assume
their portion of the equitable debts of the Federal
UNITED STATES
to the international banking houses, for the credit
loaned. The
credit which each State received, in the form of
federal grants, was predicated upon equitable paper. This system of negotiable paper binds all corporate
entities of government together in a vast system of commercial agreements
and is what has altered our court system from one under the Common Law
to a Legislative Article I Court, or Tribunal, system of commercial
law. Those persons brought before this court are held to the letter of
every statute of government on the federal, state, county, or municipal
levels unless they have exercised the REMEDY provided for them within
that system of Commercial Law
whereby, when forced to use a so-called “benefit”
offered, or
available, to them, from government, they may
reserve their
former right, under the Common Law guarantee of same,
not to be
bound by any contract, or commercial agreement, that
they did not enter knowingly, voluntarily, and intentionally. This is exactly how the corporate entities of state,
county, and
municipal governments got entangled with the
Legislative
Democracy, created by Article I, Section 8, Clause
17 of the
Constitution, and called here The Federal UNITED STATES, to
distinguish it from the Continental United States,
whose origin was in the Union of the Sovereign States. The same national Congress rules the Continental
United States
pursuant to Constitutional limits upon its
authority, while it
enjoys exclusive rule, with no Constitutional
limitations, as it legislates for the Federal UNITED STATES. With the above information, we may ask: “How did
we, the free
Preamble citizenry of the Sovereign States, lose our
guaranteed
unalienable rights and be forced into acceptance of the
equitable
debt obligations of the Federal UNITED STATES, and also become subject to
that entity of government, and divorced from our Sovereign States in the
Republic, which we call here the Continental United States?” We do not
reside, work, or have income from any territory subject to the direct
jurisdiction of the Federal UNITED STATES. These are questions
that have
troubled sincere, patriotic Americans for many
years. Our lack
of knowledge concerning the cunning of the legal
profession is
the cause of that divorce, but a knowledge of
the truth
concerning the legal thread, which caught us in its
net, will
restore our former status as a free Preamble
citizen of the Republic. The answer follows: The Union of Sovereign States, under the
Constitution,
termed in this article the Continental United States.
The other is a Legislative Democracy which has its origin in Article I,
Section 8, Clause 17 of the Constitution, here termed the Federal UNITED
STATES. Very few people, when they see some
“law” passed
by Congress, ask themselves, “Which nation was
Congress working
for when it passed this or that so-called law?”
Or, few ask,
“Does this particular law apply to the Continental
citizenry of
the Republic, or does this particular law apply only to
residents
of the District of Columbia and other named
enclaves, or territories, of the Democracy called the Federal
UNITED STATES?” Since these questions are seldom asked by the
uninformed
citizenry of the Republic, it was an open
invitation for
“cunning” political leadership to seek more power and
authority
over the entire citizenry of the Republic through the
medium of
“legalese.” Congress deliberately failed in its duty
to provide
a medium of exchange for the citizenry of the
Republic, in
harmony with its Constitutional mandate. Instead, it
created an
abundance of commercial credit money for the
Legislative Democracy, where it was not bound by Constitutional
limitations. Then, after having created an emergency
situation, and a tremendous depression in the Republic, Congress
used its emergency authority to remove the remaining substance (gold and
silver) from the medium of exchange belonging to the
Republic,
and made the negotiable instrument paper of the
Legislative
Democracy (Federal UNITED STATES) a legal tender for
Continental United States citizenry to use in the discharge of
debts. At the same time, Congress granted the entire
citizenry of the
two nations the “benefit” of limited liability in the
discharge
of all debts by telling the citizenry that the gold
and silver
coins of the Republic were out of date and
cumbersome. The citizens were told that gold and silver (substance)
was no loner needed to pay their debts, that they were now “privileged” to
discharge debt with this more “convenient” currency, issued by the Federal
UNITED STATES. Consequently, everyone was
forced to
“go modern,” and to turn in their gold as a
patriotic gesture. The entire news media complex went along with the
scam and
declared it to be a forward step for our democracy,
no longer referring to America as a Republic. From that time on, it was a falling light for the
Republic of
1776, and a rising light for Franklin Roosevelt’s
New Deal
Democracy, which overcame the depression, which was
caused by a
created shortage of real money. There was created an
abundance
of debt paper money, so-called, in the form of
interest-bearing
negotiable instrument paper called Federal Reserve
Notes, and other forms of paperwork credit instruments. Since all contracts since Roosevelt’s time have the
colorable
consideration of Federal Reserve Notes, instead of
a genuine
consideration of silver and gold coin, all
contracts are
colorable contracts, and not genuine contracts. [According to
Black’s Law Dictionary (1990), colorable means “That
which is in
appearance only, and not in reality, what it
purports to be, hence counterfeit, feigned, having the appearance of
truth.”]
Consequently, a new colorable jurisdiction, called a
statutory
jurisdiction, had to be created to enforce the
contracts. Soon
the term colorable contract was changed to the term
commercial
agreement to fit circumstances of the new statutory
jurisdiction,
which is legislative, rather than judicial, in
nature. This
jurisdiction enforces commercial agreements upon
implied consent,
rather than full knowledge, as it is with the
enforcement of contracts under the Common Law.
All of our courts today sit as legislative Tribunals,
and the so-called “statutes” of legislative bodies being enforced in these
Legislative Tribunals are not “statutes”
passed by the legislative branch of our three-branch Republic,
but as “commercial obligations” to the Federal UNITED STATES for anyone
in the Federal UNITED STATES or in the Continental
United States
who has used the equitable currency of the Federal
UNITED STATES
and who has accepted the “benefit,” or
“privilege,” of
discharging his debts with the limited liability
“benefit”
offered to him by the Federal UNITED STATES ... EXCEPT
those who
availed themselves of the remedy within this commercial
system of
law, which remedy is today found in Book 1 of
the Uniform Commercial Code at Section 207. When used in conjunction with one’s signature, a
stamp stating
“Without Prejudice U.C.C. 1-207” is sufficient to
indicate to the
magistrate of any of our present Legislative
Tribunals (called
“courts”) that the signer of the document has reserved
his Common
Law right. He is not to be bound to the statute, or
commercial
obligation, of any commercial agreement that he did
not enter
knowingly, voluntarily, and intentionally, as would
be the case in any Common Law contract. Furthermore, pursuant to U.C.C. 1-103, the
statute, being
enforced as a commercial obligation of a commercial
agreement,
must now be construed in harmony with the old
Common Law of
America, where the tribunal/court must rule that the
statute does
not apply to the individual who is wise enough
and informed
enough to exercise the remedy provided in this new
system of law. He retains his former status in the Republic and fully
enjoys his
unalienable rights, guaranteed to him by the
Constitution of the
Republic, while those about him “curse the
darkness” of
Commercial Law government, lacking the truth
needed to free
themselves from a slave status under the Federal
UNITED STATES, even while inhabiting territory foreign to its territorial
venue.
U.C.C. 1-207:4 Sufficiency of reservation. Any expression indicating any intention to preserve
rights is
sufficient, such as “without prejudice,” “under
protest,” “under
reservation,” or “with reservation of all our
rights.”
The Code states an “explicit” reservation must
be made. “Explicit” undoubtedly is used in place of “express”
to indicate
that the reservation must not only be “express” but it
must also
be “clear” that such a reservation was intended. The term “explicit” as used in U.C.C. 1-207 means
“that which is
so clearly stated or distinctively set forth that
there is no
doubt as to its meaning.” ...
U.C.C. 1-207:7 Effect of reservation of rights. The making of a valid reservation of rights
preserves whatever
rights the person then possesses and prevents the
loss of such
right by application of concepts of
waiver or estoppel ....
U.C.C. 1-207:9 Failure to make reservation. When a waivable right or claim is involved, the failure
to make a
reservation thereof causes a loss of the right and
bars its
assertion at a later date ....
U.C.C. 1-103:6 Common law. The Code is “Complementary” to the common law which
remains in
force except where displaced by the Code .... A statute should be construed in harmony with the
common law
unless there is a clear legislative intent to abrogate
the common
law. ... “The Code cannot be read to preclude a
common law
action.”
Your Honor, my use of “Without Prejudice UCC 1-207”
above my
signature on this document indicates that I have
exercised the
“Remedy” provided for me in the Uniform Commercial Code
in Book 1
at Section 207, whereby I may reserve my Common Law
right not to
be compelled to perform under any contract, or
agreement, that I
have not entered into knowingly, voluntarily, and
intentionally. And, that reservation serves notice upon all
administrative
agencies of government -- national, state and local
-- that I
do not, and will not, accept the liability
associated with the
“compelled”
benefit of any unrevealed commercial agreement.
by Howard Freeman
P. O. Box 364
Lusk, Wyo. 82225ADDENDUM
EXAMPLE
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