"The Two United States and the
Law"
by
Howard Freeman
P. O. Box 364
Lusk, Wyo. 82225
http://www.iei.net/~doghouse/withoutp.htm
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).
Both United States have the same Congress that rules in both nations. 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," 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:
Our national Congress works for two nations foreign to each other, and by
legal cunning both are called The United States. One is 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.
ADDENDUM
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."
EXAMPLE
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.
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