"The Two United States and the Law"
by
Howard Freeman
P. O. Box 364
Lusk, Wyo. 82225
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 v. 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.
Name CONTINENTAL UNITED STATES OF AMERICA FEDERAL UNITED STATES
Type of government Constitutional Republic Legislative democracy
Territory (venue) A union of 50 independent sovereign States, The District of Columbia and all the territories and enclaves
not including the District of Columbia, (American Samoa, Guam, Midway Islands, Puerto Rico, Wake
territories or enclaves Island, etc.)
Capital The union of the United States is the only Since June 1800, a "City of Washington" sits in the federal
country in the world with no national capital District of Columbia, which is exempt from all State influence
within its venue. Each sovereign State has and jurisdiction. The city is ruled by a federal Commission
its own capital. appointed by the President. It has no local legislature; the
only legislative authority is Congress. It is the meeting place
of Congress and is the seat of federal administration.
Created by "We the People," free Preamble sovereign Article I, Section 8, Clause 17 of the U.S. Constitution
citizens
Citizenry Each State has rule over its own citizenry, The citizens of the District of Columbia, all the territories,
made up of free Preamble persons: "We the enclaves and possessions, and all naturalized citizens (14th
People ... and our Posterity." Amendment, Section 1)
Executive branch President President
Legislative branch A Congress of the Republic consisting of A Congress of the Legislative Democracy -- the same persons
representatives from the citizenry
Congress' jurisdiction The States only, not the citizenry of the The citizenry of DC, the territories, enclaves, and possessions,
States except under some form of Commercial naturalized citizens, and those who put themselves under the rule
Agreement of federal regions
Judicial jurisdiction Law, equity (Article III courts) and Colorable admiralty (called statutory), Article I legislative
admiralty courts
Authorized currency Real money, based on substance: gold and Promises-to-pay money,based on bank credit: Federal Reserve Notes
silver (Article I, Section 10, Clause 1) non-redeemable in gold or silver (equitable paper involving
Commercial Agreements under negotiable instrument law --
later codified as Uniform Commercial Code (UCC)
Limitations Many in the U.S. Constitution None, except what are called Unconscionable Agreements under UCC
Flag Stars and stripes without yellow fringe Stars and stripes with yellow fringe
State abbreviations Ala., Alas., Ariz., Ark., Cal., Colo., etc. AL, AK, AZ, AR, CA, CO, CT, DE, FL, MT, SC, TX, etc.
(with or without zip codes) (with or without zip codes)
# # #
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Howard Freeman