The UCC Connection - Howard Freeman

8/11/2019 The UCC Connection - Howard Freeman

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The UCC Connection:

Free Yourself from Legal Tyranny

September 22, 1991

Foreor!

This is a slightly con!ense!, casually paraphrase!

transcript of tapes of a seminar gi"en in 199# by $oar! Freeman%

&t as prepare! to ma'e a"ailable the 'nole!ge an! e(perience of

)r% Freeman in his search for an accessible an! un!erstan!able

e(planation of the confusing state of the go"ernment an! the

courts% &t shoul! be helpful to those ho may ha"e !ifficulty

learning from such lectures, or those ho ant to !e"elop a

!eeper un!erstan!ing of this information ithout ha"ing to listen

to three or four hours of recor!e! material%

The frustration many *mericans feel about our +u!icialsystem can be o"erhelming an! often frightening an!, as most

fear, is base! on lac' of un!erstan!ing or 'nole!ge% Those of

us ho ha"e chosen a path out of bon!age an! into liberty are

face!, e"entually, ith the seemingly tyrannical poer of some

go"ernmental agency an! the mystifying an! aesome poer of the

courts% e ha"e been taught that e must -get a goo! layer,-

but that is becoming increasingly !ifficult, if not impossible%

&f e are !efen!ing oursel"es from the go"ernment, e fin! that

the layers .uic'ly ta'e our money an! then tell us, as the ship

is sin'ing, -& can/t help you ith that 00 &/m an officer of

the court%-

Ultimately, the only ay for us to ha"e e"en a -snoball/s

chance- is to un!erstan! the ULS 3F T$ 4*) an! to come to an

un!erstan!ing of the true nature of the La% The layers ha"e

establishe! an! secure! a "irtual monopoly o"er this area of

human 'nole!ge by implying that the sub+ect is +ust too

!ifficult for the a"erage person to un!erstan!, an! by creating a

separate "ocabulary out of nglish or!s of otherise common

usage% hile it may, at times, seem hopelessly complicate!, it

is not that !ifficult to grasp% *re layers really as smart as

they oul! ha"e us belie"e5 6esi!es, anyone ho has been through

a legal battle against the go"ernment ith the ai! of a layer

has come to reali7e that layers learn about proce!ure, not about

la% )r% Freeman a!mits that he is not a layer an!, as such, he

has a ay of e(plaining la to us that puts it ell ithin our

reach% Consi!er also that the framers of the Constitution rotein language simple enough that the people coul! un!erstan!,

specifically so that it oul! not ha"e to be interprete!%

So, again e fin!, as in many other areas of life, that -T$

6UC8 ST3S $- &t is e ho must ta'e the responsibility for

fin!ing an! putting to goo! use the TUT$% &t is e ho must

claim an! !efen! our 4o!0gi"en rights an! our free!om from those

ho oul! ta'e them from us% &t is e ho must protect

oursel"es, our families an! our posterity from the ine"itable


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intrusion into our li"es by those ho li"e parasitically off the

labor, s'ill an! talents of others%

To these en!s, )r% Freeman offers a simple, hopeful

e(planation of our plight, an! a peaceful metho! of !ealing ith

it% lease ta'e note that this lecture represents one chapter in

the boo' of his un!erstan!ing, hich he is alays refining,

e(pan!ing an! impro"ing% &t is, as all bits of is!om are, a

point of !eparture from hich to begin our on +ourney into

un!erstan!ing, that e all might be able to pass on to others

greater 'nole!ge an! hope, an! to 4o!, the gift of li"es li"e!

in peace, free!om an! praise%

UCC Connection

-& sen! you out as sheep in the mi!st of ol"es,

be as ise as a serpent an! harmless as a !o"e%-

&ntro!uction

hen & beat the &S, & use! Supreme Court !ecisions% &f &

ha! trie! to use these in court, & oul! ha"e been con"icte!%

& as in"ol"e! ith a atriot group an! & stu!ie! supreme

Court cases% & conclu!e! that the Supreme Court ha! !eclare!

that & as not a person re.uire! to file an income ta( 00 that

the ta( as an e(cise ta( on pri"ileges grante! by go"ernment%

So, & .uit filing an! paying income ta(es, an! it as not long

before they came !on on me ith a hea"y han!% They issue! a

notice of !eficiency, hich ha! such a fantastic sum on it that

the biggest temptation as to go in ith their letter an! say,

-here in the orl! !i! you e"er get that figure5- They claime!

& oe! them some ;eficiency

Fortunately, & ha! been gi"en +ust a little bit of

information: =? *4U T$ F*CTS &= * T*@ C*S% &f you/re not

re.uire! to file, hat !o you care hether they say you oe si(ty

!ollars or on/t argue the amount 00 that is a

fact issue% &n most instances, hen you get a =otice of

>eficiency, it is usually for some fantastic amount% The &Sants you to run in an! argue about the amount% The minute you

say, -& !on/t oe that much,- you ha"e agree! that you oe them

something, an! you ha"e gi"en them +uris!iction% Aust !on/t be

shoc'e! at the amount on a =otice of >eficiency, e"en if it is

ten million !ollars &f the la says that you are not re.uire!

to file or pay ta(, the amount !oesn/t matter%

6y arguing the amount, they ill +ust say that you must go

to ta( court an! !eci!e hat the amount is to be% 6y the time


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you get to ta( court, the la issues are all !eci!e!% You are

only there to !eci!e ho much you oe% They ill not listen to

arguments of la%

So, & ent to see the agent an! tol! him that & asn/t

re.uire! to file% $e sai!, -You are re.uire! to file, )r%

Freeman%- 6ut & ha! all these supreme Court cases, an! & starte!

rea!ing them to him% $e sai!, -& !on/t 'no anything about la,

)r% Freeman, but the Co!e says that you are re.uire! to file, an!

you/re going to pay that amount or you/re going to go to ta(

court%- & thought that someone there ought to 'no something

about la, so & as'e! to tal' to his superior% & ent to him an!

got out my Supreme Court cases, an! he oul!n/t listen to them%

-& !on/t 'no anything about la, )r% Freeman %%%%- Finally, &

got to the roblems esolution 3fficer, an! he sai! the same

thing% $e sai! that the only person abo"e him as the >istrict

>irector% So, & ent to see him% 6y the time & got to his

office, they ha! phone! ahea!, an! his secretary sai! he as out%

6ut, & hear! someone in his office, an! & 'ne he as in there%

& ent !on the ele"ator, aroun! the corner to the Fe!eral6uil!ing an! into Senator Simpson/s office% There as a girl

sitting there at a !es', an! she as'e! if she coul! help me% &

tol! her my problem% & sai! that & really thought the >istrict

>irector as up there% & as'e! her to call the &S an! tell them

that it as Senator Simpson/s office calling, an! to as' if the

>istrict >irector as in% & sai!, -&f you get him on the phone,

tell him that you are from the Senator/s office an! you ha"e a

person hom you are sen!ing o"er to spea' to him 00 if he is,

can he ait +ust fi"e minutes% $is secretary met me hen & came

in an! sai!, -)r% Freeman, you/re so luc'y 00 the >irector +ust

arri"e!%-

The >irector as "ery nice an! offere! me coffee an! coo'ies

an! e sat an! tal'e!% So, he as'e! me hat & ante! to tal' to

him about% B&f you e"er ha"e someone say to you, -&/m from the

go"ernment an! &/m here to !o you a fa"or,- atch out 6ut, e

can turn that aroun! an! approach them the same ay% So, &

sai!, -& thought you ought to 'no that there are agents or'ing

for you ho are riting letters o"er your name that you oul!n/t

agree ith% >o you rea! all the mail that goes out of this

office o"er your signature5- The >irector sai!, -3h, & coul!n/t

rea! e"erything 00 it goes out of here by the bagful%- That

as hat & thought% & sai!, -There are some of your agents

riting letters hich contra!ict the !ecisions of the supreme

Court of the Unite! States% *n! they/re not !oing it o"er their

nameD they/re !oing it o"er your name%-

$e as "ery intereste! to hear about it, an! as'e! if & ha!

any e(amples% & +ust happene! to ha"e some ith me, so & got

them out an! presente! them to him% $e thought it as "ery

interesting an! as'e! if & coul! lea"e this information ith him,

hich & !i!% $e sai! he oul! loo' it o"er an! contact me in

three !ays% Three !ays later, he calle! me up an! sai!, -&/m

sure, )r% Freeman, that you ill be gla! to 'no that your =otice

of >eficiency has been ith!ran% e/"e !etermine! that you/re

not a person re.uire! to file% Your file is close! an! you ill


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hear no more from us%- & ha"en/t hear! another or! from them

since% That as in 19E#, an! & ha"en/t file! since 19istrict Court%-

ublic La "s ublic olicy

$e sai!, -=ame any !ecision of the Supreme Court after 19E

an! &/ll honor it, but all the !ecisions you rea! ere prior to

19E, an! & !on/t honor those !ecisions%- & as'e! hat happene!

in 19E% $e sai!, -rior to 19E, the Supreme Court as !ealing

ith ublic LaD since 19E, the Supreme Court has !ealt ith

ublic olicy% The charge that )r% S% as being trie! for is a

ublic olicy Statute, not ublic La, an! those Supreme Court


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cases !o not apply to ublic olicy%- & as'e! him hat happene!

in 19E% $e sai! that he ha! alrea!y tol! me too much 00 he

asn/t going to tell me any more%

19E an! the rie ailroa!

ell, & began to in"estigate% & foun! that 19E as the

year of the rie ailroa! "% Tomp'ins case of the Supreme Court%

&t as also the year the courts claim they blen!e! La ith

.uity% & rea! the rie ailroa! case% * man ha! sue! the rie

railroa! for !amages hen he as struc' by a boar! stic'ing out

of a bo(car as he al'e! along besi!e the trac's% The !istrict

court ha! !eci!e! on the basis of Commercial B=egotiable

&nstruments La that this man as not un!er any contract ith

the rie ailroa!, an! therefore he ha! no stan!ing to sue the

company% Un!er the Common La, he as !amage! an! he oul! ha"e

ha! the right to sue%

This o"erturne! a stan!ing !ecision of o"er one hun!re!

years% Sift "% Tyson in 1EG# as a similar case an! the!ecision of the supreme Court as that in any case of this type,

the court oul! +u!ge the case on the Common La of the State

here the inci!ent occurre! 00 in this case, ennsyl"ania%

6ut, in the rie ailroa! case, the supreme Court rule! that all

fe!eral cases ill be +u!ge! un!er the =egotiable &nstruments

La% There oul! be no more !ecisions base! on the Common La at

the fe!eral le"el% So, here e fin! the blen!ing of La ith

.uity%

This as a pu77le to me% *s & put these ne pieces

together, & !etermine! that all our courts since 19E ere

)erchant La courts an! not Common La courts% There ere still

some pieces of the pu77le missing%

* Frien! of the Court

Fortunately, & ma!e a frien! of a +u!ge% =o, you on/t

ma'e frien!s ith a +u!ge if you go into court li'e a -olf in

blac' sheep country%- You must approach him as though you are

the sheep an! he is the olf% &f you go into court as a olf,

you ma'e !eman!s an! tell the +u!ge hat the la is 00 ho he

ha! better uphol! the la or else% emember the "erse: & sen!

you out as sheep in olf countryD be as ise as a serpent an! as

harmless as a !o"e% e ha"e to go into court an! be ise an!

harmless, an! not ma'e !eman!s% e must play a little !umb an!

as' a lot of .uestions% ell, & as'e! a lot of .uestions an!bo(e! the +u!ges into a corner here they ha! to gi"e me a

"ictory or a!mit hat they !i!n/t ant to a!mit% & on the case,

an! on the ay out & ha! to stop by the cler'/s office to get

some papers% 3ne of the +u!ges stoppe! an! sai!, -You/re an

interesting man, )r% Freeman% &f you/re e"er in ton, stop by,

an! if &/m not sitting on a case, e ill "isit%-

*merica is 6an'rupt


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Later, hen & ent to "isit the +u!ge, & tol! him of my

problem ith the supreme Court cases !ealing ith ublic olicy

rather than ublic La% $e sai!, -&n 19E, all the higher

+u!ges, the top attorneys an! the U%S% attorneys ere calle! into

a secret meeting an! this is hat e ere tol!:

*merica is a ban'rupt nation 00 it is one! completely by

its cre!itors% The cre!itors on the Congress, they on the

(ecuti"e, they on the Au!iciary an! they on all the State

go"ernments%

Ta'e silent +u!icial notice of this fact, but ne"er re"eal

it openly% Your court is operating in an *!miralty

Auris!iction 00 call it anything you ant, but !o not call

it *!miralty%

*!miralty Courts

The reason they cannot call it *!miralty Auris!iction is

that your !efense oul! be .uite !ifferent in *!miralty

Auris!iction from your !efense un!er the Common La% &n

*!miralty, there is no court hich has +uris!iction unless there

is a "ali! international contract in !ispute% &f you 'no it is

*!miralty Auris!iction, an! they ha"e a!mitte! on the recor! that

you are in an *!miralty Court, you can !eman! that the

international maritime contract, to hich you are suppose!ly a

party, an! hich you suppose!ly ha"e breache!, be place! into

e"i!ence%

=o court has *!miraltyH)aritime Auris!iction unless there is

a "ali! international maritime contract that has been

breache!%

So, you say, +ust innocently li'e a lamb, -ell, & ne"er 'ne

that & got in"ol"e! ith an international maritime contract, so &

!eny that such a contract e(ists% &f this court is ta'ing

+uris!iction in *!miralty, then place the contract in e"i!ence,

so that & may challenge the "ali!ity of the contract% hat they

oul! ha"e to !o is place the national !ebt into e"i!ence% They

oul! ha"e to a!mit that the international ban'ers on the hole

nation, an! that e are their sla"es%

=o (pe!ient

6ut, the ban'ers sai! it is not e(pe!ient at this time to

a!mit that they on e"erything an! coul! foreclose on e"ery

nation of the orl!% The reason they !on/t ant to tell e"eryone

that they on e"erything is that there are still too many

pri"ately one! guns% There are uncooperati"e armies an! other

military forces% So, until they can gra!ually consoli!ate all


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armies into a 3L> *)Y an! all courts into a single 3L>

C3UT, it is not e(pe!ient to a!mit the +uris!iction the courts

are operating un!er% hen e un!erstan! these things, e reali7e

that there are certain secrets they !on/t ant to a!mit, an! e

can use this to our benefit%

Auris!iction

The Constitution of the unite! States mentions three areas

of +uris!iction in hich the courts may operate:

Common La:

Common La is base! on 4o!/s La% *ny time someone is

charge! un!er the Common La, there must be a !amage! party%

You are free un!er the Common La to !o anything you please,

as long as you !o not infringe on the life, liberty, or

property of someone else% You ha"e a right to ma'e a fool

of yourself, pro"i!e! you !o not infringe on the life, liberty, or property of someone else% The Common La !oes

not allo for any go"ernment action hich pre"ents a man

from ma'ing a fool of himself% For instance, hen you cross

o"er State lines in most States, you ill see a sign hich

says, -6UC8L Y3U S*T 6LTS 00 &T/S T$ L*%- This

cannot be Common La, because ho oul! you in+ure if you

!i! not buc'le up5 =obo!y% This oul! be compelle!

performance% 6ut, Common la cannot compel performance%

*ny "iolation of Common La is a C&)&=*L *CT, an! is

punishable%

.uity La:

.uity La is la hich compels performance% &t compels you

to perform the e(act letter of any contract that you are

un!er% So, if you ha"e compelle! performance, there must be

a contract somehere, an! you are being compelle! to perform

un!er the obligation of the contract% =o, this can only be

a ci"il action 00 not criminal% &n .uity Auris!iction,

you cannot be trie! criminally, but you can be compelle! to

perform to the letter of a contract% &f you then refuse to

perform as !irecte! by the court, you can be charge! ith

contempt of court, hich is a criminal action% *re your

seat belt las .uity las5 =o, they are not, because you

cannot be penali7e! or punishe! for not 'eeping to the

letter of a contract%

*!miraltyH)aritime La:

This is a ci"il +uris!iction of Compelle! erformance hich

also has Criminal enalties for not a!hering to the letter

of the contract, but this only applies to &nternational

Contracts% =o, e can see hat +uris!iction the seat belt

las Ban! all traffic las, buil!ing co!es, or!inances, ta(


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co!es, etc% are un!er% hene"er there is a penalty for

failure to perform Bsuch as illful failure to file, that

is *!miraltyH)aritime La an! there must be a "ali!

international contract in force%

$oe"er, the courts !on/t ant to a!mit that they are operating

un!er *!miraltyH)aritime Auris!iction, so they too' the

international la or La )erchant an! a!opte! it into our co!es%

That is hat the supreme Court !eci!e! in the rie ailroa! case

00 that the !ecisions ill be base! on commercial la or

business la an! that it ill ha"e criminal penalties associate!

ith it% Since they ere instructe! not to call it *!miralty

Auris!iction, they call it Statutory Auris!iction%

Courts of Contract

You may as' ho e got into this situation here e can be

charge! ith failure to ear seat belts an! be fine! for it%

&sn/t the +u!ge sorn to uphol! the Constitution5 Yes, he is%6ut, you must un!erstan! that the Constitution, in *rticle 1,

Section 1#, gi"es us the unlimite! right to contract, as long as

e !o not infringe on the life, liberty, or property of someone

else% Contracts are enforceable, an! the Constitution gi"es to

+uris!ictions here contracts can be enforce! 00 .uity an!

*!miralty% 6ut, e fin! them being enforce! in Statutory

Auris!iction% This is the embarrassing part for the courts, but

e can use this to bo( the +u!ges into a corner in their on

courts% e ill co"er this more later%

Contracts )ust 6e ?oluntary

Un!er the Common La, e"ery contract must be entere! into

'noingly, "oluntarily, an! intentionally by both parties, or it

is "oi! an! unenforceable% These are characteristics of a Common

La contract% There is another characteristic 00 it must be

base! on substance% For e(ample, contracts use! to rea!, -For

one !ollar an! other "aluable consi!erations, & ill paint your

house, etc%- That as a "ali! contract 00 the !ollar as a

genuine sil"er !ollar% =o, suppose you rote a contract that

sai!, -For one Fe!eral eser"e =ote an! other consi!erations, &

ill paint your house %%%%- *n! suppose, for e(ample, & painte!

your house the rong color% Coul! you go into a Common La court

an! get +ustice5 =o, you coul! not% You see, a Fe!eral eser"e

=ote is a -colorable-1 !ollar, as it has no substance, an! in a

Common La +uris!iction, that contract oul! be unenforceable%

Colorable )oney 00 Colorable Courts

The or! -colorable- means something that appears to be

genuine, but is not% )aybe it loo's li'e a !ollar, an! maybe it

spen!s li'e a !ollar, but if it is not re!eemable for laful

money Bsil"er or gol! it is -colorable%- &f a Fe!eral eser"e

=ote is use! in a contract, then the contract becomes a


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-colorable- contract% *n! -colorable- contracts must be enforce!

un!er a -colorable- +uris!iction% So, by creating Fe!eral

eser"e =otes, the go"ernment ha! to create a +uris!iction to

co"er the 'in!s of contracts hich use them% e no ha"e hat is

calle! Statutory Auris!iction, hich is not a genuine *!miralty

+uris!iction% &t is -colorable- *!miralty Auris!iction the

+u!ges are enforcing because e are using -colorable money%-

Colorable *!miralty is no 'non as Statutory Auris!iction%

Let/s see ho e got un!er this Statutory Auris!iction%

Uniform Commercial Co!e

The go"ernment set up a -colorable- la system to fit the

-colorable- currency% &t use! to be calle! the La )erchant or

the La of e!eemable &nstruments, because it !ealt ith paper

hich as re!eemable in something of substance% 6ut, once

Fe!eral eser"e =otes ha! become unre!eemable, there ha! to be a

system of la hich as completely -colorable- from start to

finish% This system of la as co!ifie! as the Uniform

Commercial Co!e, an! has been a!opte! in e"ery State% This is-colorable- la, an! it is use! in all the courts%

& e(plaine! one of the 'eys earlier, hich is that the

country is ban'rupt an! e ha"e no rights% &f the master says

-Aump- then the sla"e ha! better +ump, because the master has

the right to cut his hea! off% *s sla"es, e ha"e no rights%

6ut, the cre!itorsHmasters ha! to co"er that up, so they create!

a system of la calle! the Uniform Commercial Co!e% This

-colorable- +uris!iction un!er the Uniform Commercial Co!e is the

ne(t 'ey to un!erstan!ing hat has happene!%

Contract or *greement

3ne !ifference beteen Common La an! the Uniform Commercial

Co!e is that in Common La, contracts must be entere! into: B1

'noingly B2 "oluntarily an! B intentionally%

Un!er the UCC, this is not so% First of all, contracts are

unnecessary% Un!er this ne la, -agreements- can be bin!ing,

an! if you only e(ercise the benefits of an -agreement,- it is

presume! or implie! that you inten! to meet the obligations

associate! ith those benefits% &f you accept a benefit offere!

by go"ernment, then you are obligate! to follo, to the letter,

each an! e"ery statute in"ol"e! ith that benefit% The metho!

has been to get e"erybo!y e(ercising a benefit, an! they !on/te"en ha"e to tell the people hat the benefit is% Some people

thin' it is the !ri"er/s license, the marriage license or the

birth certificate, etc% & belie"e it is none of these%

Compelle! 6enefit

& belie"e the benefit being use! is that e ha"e been gi"en

the pri"ilege of !ischarging !ebt ith limite! liability, instea!


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of paying !ebt% hen e pay a !ebt, e gi"e substance for

substance% &f & buy a .uart of mil' ith a sil"er !ollar, that

!ollar bought the mil', an! the mil' bought the !ollar 00

substance for substance% 6ut, if & use a Fe!eral eser"e =ote to

buy the mil', & ha"e not pai! for it% There is no substance in

the Fe!eral eser"e =ote% &t is orthless paper gi"en in

e(change for something of substanti"e "alue% Congress offers us

this benefit:

>ebt money, create! by the fe!eral Unite! States, can be

spent all o"er the continental unite! StatesD it ill be

legal ten!er for all !ebts, public an! pri"ate, an! the

limite! liability is that you cannot be sue! for not paying

your !ebts%

So, no they ha"e sai!, -e/re going to help you out, an! you can

+ust !ischarge your !ebts instea! of paying your !ebts%- hen e

use this -colorable- money to !ischarge our !ebts, e cannot use

a Common La court% e can only use a -colorable- court% e arecompletely un!er the +uris!iction of the Uniform Commercial Co!e

00 e are using non0re!eemable negotiable instruments an! e are

!ischarging !ebt rather than paying !ebt%

eme!y an! ecourse

"ery system of ci"ili7e! la must ha"e to characteristics:

eme!y an! ecourse% eme!y is a ay to get out from un!er that

la% The ecourse is if you ha"e been !amage! un!er the la, you

can reco"er your loss% The Common La, the La of )erchants, an!

e"en the Uniform Commercial Co!e all ha"e reme!y an! recourse,

but for a long time e coul! not fin! it% &f you go to a la

library an! as' to see the Uniform Commercial Co!e, they ill

sho you a shelf of boo's completely fille! ith the Uniform

Commercial Co!e% hen you pic' up one "olume an! start to rea!

it, it ill seem to ha"e been intentionally ritten to be

confusing% &t too' us a long time to !isco"er here the eme!y

an! ecourse are foun! in the UCC% They are foun! right in the

first "olume, at 102#I an! 101#%

eme!y

The ma'ing of a "ali! eser"ation of ights preser"es

hate"er rights the person then possesses, an! pre"ents the

loss of such rights by application of concepts of ai"er or estoppel% BUCC 102#I%I

&t is important to remember hen e go into a court, that e

are in a commercial, international +uris!iction% &f e go into

court an! say, -& >)*=> )Y C3=ST&TUT&3=*L &4$TS,- the +u!ge

ill most li'ely say, -You mention the Constitution again, an!

&/ll fin! you in contempt of court- Then, e !on/t un!erstan!

ho he can !o that% $asn/t he sorn to uphol! the Constitution5


11/30

The rule here is: you cannot be charge! un!er one +uris!iction,

an! !efen! un!er another% For e(ample, if the French go"ernment

came to you an! as'e! here you file! your French income ta( in a

certain year, !o you go to the French go"ernment an! say, -&

!eman! my Constitutional ights5- =o% The proper anser is:

T$ L* >3S=/T *LY T3 ) 00 &/) =3T * F=C$)*=% You must

ma'e your reser"ation of rights un!er the +uris!iction in hich

you are charge! 00 not un!er some other +uris!iction% So, in a

UCC court, you must claim your reser"ation of rights un!er the

UCC 102#I%

UCC 102#I goes on to say:

hen a ai"able right or claim is in"ol"e!, the failure to

ma'e a reser"ation thereof, causes a loss of the right, an!

bars its assertion at a later !ate% BUCC 102#I%9

You ha"e to ma'e your claim 'non early% Further, it says:

The Sufficiency of the eser"ation 00 *ny e(pression

in!icating an intention to reser"e rights, is sufficient,

such as -ithout pre+u!ice-% BUCC 102#I%G

hene"er you sign any legal paper that !eals ith Fe!eral eser"e

=otes 00 in any ay, shape or manner 00 un!er your signature

rite: ithout re+u!ice UCC 102#I%2 This reser"es your rights%

You can sho, at 102#I%G, that you ha"e sufficiently reser"e!

your rights%

&t is "ery important to un!erstan! +ust hat this means%

For e(ample, one man ho use! this in regar! to a traffic tic'et

as as'e! by the +u!ge +ust hat he meant by riting -ithout

pre+u!ice UCC 102#I- on his statement to the court% $e ha! not

trie! to un!erstan! the concepts in"ol"e!% $e only ante! to use

it to get out of the tic'et% $e !i! not 'no hat it meant%

hen the +u!ge as'e! him hat he meant by signing in that ay, he

tol! the +u!ge that he as not pre+u!ice! against anyone %%%%

The +u!ge 'ne that the man ha! no i!ea hat it meant, an! he

lost the case% You must 'no hat it means%

ithout re+u!ice UCC 102#I

hen you use -ithout re+u!ice UCC 102#I- in connectionith your signature, you are saying:

& reser"e my right not to be compelle! to perform un!er any

contract or commercial agreement that & !i! not enter

'noingly, "oluntarily, an! intentionally% *n!,

furthermore, & !o not accept the liability of the compelle!

benefit of any unre"eale! contract or commercial agreement%


12/30

hat is the compelle! performance of an unre"eale!

commercial agreement5 hen you use Fe!eral eser"e =otes instea!

of sil"er !ollars, is it "oluntary5 =o% There is no laful

money, so you ha"e to use Fe!eral eser"e =otes 00 you ha"e to

accept the benefit% The go"ernment has gi"en you the benefit to

!ischarge your !ebts ith limite! liability, an! you !on/t ha"e

to pay your !ebts% $o nice they are 6ut, if you !i! not

reser"e your rights un!er 102#I%I, you are compelle! to accept

the benefit, an! therefore obligate! to obey e"ery statute,

or!inance an! regulation of the go"ernment, at all le"els of

go"ernment 00 fe!eral, State an! local%

&f you un!erstan! this, you ill be able to e(plain it to

the +u!ge hen he as's% *n! he ill as', so be prepare! to

e(plain it to the court% You ill also nee! to un!erstan! UCC

101# 00 the argument an! recourse%

&f you ant to un!erstan! this fully, go to a la library

an! photocopy these to sections from the UCC% &t is important

to get the *n!erson e!ition% Some of the la libraries illonly ha"e the est ublishing "ersion, an! it is "ery !ifficult

to un!erstan!% &n *n!erson, it is bro'en !on ith !ecimals into

ten parts an!, most importantly, it is ritten in plain nglish%

ecourse

The ecourse appears in the Uniform Commercial Co!e at

101#%


13/30

ahea! ith the case, then you ill ant to rea! to him the last

sentence of 101#%


14/30

B*t this point, e nee! to remember the go"ernment/s tric': -&/m

from the go"ernment% &/m here to help you%- =o, e ant to use

this approach ith them%

2% The ne(t step is to go to the cler' of the traffic court an!

to say:

-& belie"e it oul! be helpful if & tal' to you, because &

ant to sa"e the go"ernment some money Bthis ill get his

attention% & am un!oubte!ly going to appeal this case% *s

you 'no, in an appeal, & ha"e to ha"e a transcript, but the

traffic court !oesn/t ha"e a court reporter% &t oul! be a

aste of ta(payer/s money to run me through this court an!

then to ha"e to gi"e me a trial !e no"o in a court of

recor!% & !o nee! a transcript for appealing, an! to sa"e

the go"ernment some money, maybe you coul! sche!ule me to

appear in a court of recor!%-

You can sho the !ate on the tic'et an! the cler' ill usually

agree that there is plenty of time to sche!ule your trial for a

court of recor!% =o, your first appearance is in a court of

recor! an! not in a traffic court, here there is no recor!%

hen you get into court, there ill be a court reporter

there ho recor!s e"ery or! the +u!ge spea's, so the +u!ge is

much more careful in a court of recor!% You ill be in a much

better situation there than in a traffic court% &f there is no

recor!, the +u!ge can say hate"er he ants 00 he can call you

all sorts of names an! tell you that you ha"e no rights, an! so

on 00 an! !eny it all later%

% hen you get into court, the +u!ge ill rea! the charges:

!ri"ing through a yello light, or hate"er, an! this is a

"iolation of or!inance @YJ% $e ill as', ->o you un!erstan!

the charge against you5-G

G% -ell, Your $onor, there is a .uestion & oul! li'e to as'

before & can ma'e a plea of innocent or guilty% & thin' it

coul! be ansere! if & coul! put the officer on the stan!

for a moment an! as' him a fe short .uestions%-

Au!ge: -& !on/t see hy not% Let/s sear the officer in

an! ha"e him ta'e the stan!%-

K% -&s this the instrument that you ga"e me5- Bhan!ing him the

traffic citation

3fficer: -Yes, this is a copy of it% The +u!ge has the

other portion of it%-

-here !i! you get my a!!ress that you rote on that


15/30

citation%-

3fficer: -ell, & got it from your !ri"er/s license%-

B$an!ing the officer your !ri"er/s license -&s this the

!ocument you copie! my name an! a!!ress from5-

3fficer: -Yes, this is here & got it%-

-hile you/"e got that in your han!, oul! you rea! the

signature that/s on that license5- BThe officer rea!s the

signature -hile you/re there, oul! you rea! into the

recor! hat it says un!er the signature5-

3fficer: -&t says, /ithout re+u!ice UCC 102#I/%-

Au!ge: -Let me see that license B$e loo's at it an! turns

to the officer% -You !i!n/t notice this printing un!er the

signature on this license, hen you copie! his name an!

a!!ress onto the tic'et5-

3fficer: -3h, no% & as +ust getting the a!!ress 00 &

!i!n/t loo' !on there%-

Au!ge: -You/re not "ery obser"ant as an officer%

Therefore, & am afrai! & cannot accept your testimony in

regar!s to the facts of this case% This case is !ismisse!%-


16/30

sections of the Uniform Commercial Co!e hich ha"e been

calle! to its attention5

&f he says -yes,- tell him that you put the court on notice that

you ill appeal that legal !etermination, an! that if you are

!amage! by his actions, you ill sue him in a common la action

00 un!er the +uris!iction of the UCC% This ill or' +ust as

ell ith the &nternal e"enue Ser"ice% &n fact, e can use the

UCC ith the &S before e get to court%

Using the Co!e ith the &S

&f the &S sen!s you a =otice of >eficiency, this is calle!

a -presentment- in the Uniform Commercial Co!e% * -presentment-

in the UCC is "ery similar to the Common La% First, e must

un!erstan! +ust ho this or's in the Common La%

Suppose & get a man/s name from a phone boo' 00 someone &

ha"e ne"er met% *n! & sen! him a bill or in"oice on niceletterhea! hich says, -For ser"ices ren!ere!: ;1#,###%##%- &

sen! this by Certifie! )ail to him at the a!!ress ta'en from the

phone boo'% The man has to sign for it before he can open it, so

& get a receipt that he recei"e! it% hen he opens it, he fin!s

an in"oice for ;1#,### an! the folloing statement: -&f you ha"e

any .uestions concerning this bill or the ser"ices ren!ere!, you

ha"e thirty !ays to ma'e your .uestions or ob+ections 'non%-

3f course, he has ne"er hear! of me, so he +ust thros the

bill aay an! assumes that &/m confuse! or cra7y% *t the en! of

thirty !ays, & go to court an! get a !efault +u!gment against

him% $e recei"e! a bill for ;1#,###, as gi"en thirty !ays to

respon!% $e faile! to ob+ect to it or as' any .uestions about

it% =o, he has !efaulte! on the bill an! & can lafully collect

the ;1#,###%

That/s Common La% The UCC or's on the same principle%

The minute you get a =otice of >eficiency from the &S, you

return it imme!iately ith a letter that says:

The presentment abo"e is !ishonore!% Your nameM has

reser"e! all of hisHher rights un!er the Uniform Commercial

Co!e at UCC 102#I%

This shoul! be all that is necessary, as there is nothing morethat they can !o% &n fact, & recently helpe! someone in *ri7ona

ho recei"e! a =otice of >eficiency% The man sent a letter such

as this, !ishonoring the -presentment%- The &S rote bac' that

they coul! not ma'e a !etermination at that office, but ere

turning it o"er to the Collections >epartment% * letter as

attache! from the Collections >epartment hich sai! they ere

sorry for the incon"enience they ha! cause! him an! that the

=otice of >eficiency ha! been ith!ran% So, you can see that,

if it is han!le! properly, these things are easily resol"e!%


17/30

&mpen!ing 6an'ruptcy

3n my ay here, & ha! a chance to "isit ith the 4o"ernor of

yoming% $e is "ery concerne! that if he runs for office this

=o"ember, that there on/t be a State of yoming at the en! of

four years% $e belie"es that the &nternational 6an'ers might

foreclose on the nation an! officially a!mit that they on the

hole orl!% They coul! roun! up e"erybo!y in the State Capitol

buil!ing, put them in an internment camp an! hol! them

in!efinitely% They may gi"e them a trial, or they may not% They

ill !o hate"er they ant% *s & e(plaine! earlier, it has not

been e(pe!ient to foreclose on the nation until they coul! get

e"erything rea!y% This is here the Fe!eral mergency )anagement

*gency comes in% &t has been put in place ithout anyone really

noticing it%

F)*

F ) *, or the Fe!eral mergency )anagement *gency has been

!esigne! for hen *merica is officially !eclare! ban'rupt, hich

oul! be a national emergency% &n a national emergency, all

Constitutional ights an! all la that pre"iously e(iste!, oul!

be suspen!e!% F)* has create! large concentration camps here

they oul! put anyone ho might cause trouble for the or!erly

plan an! process of the ne regime to ta'e o"er the nation%

"en a go"ernor coul! be thron into one of these internment

camps, an! 'ept there in!efinitely% This is all in place no,

an! they are +ust aiting to !eclare a national emergency% Then,

e"en State go"ernments coul! be !issol"e!% *nybo!y ho might

oppose the ne regime coul! be imprisone! until a ne set of las

coul! be ritten an! a ne go"ernment set up% The 4o"ernor 'nos

all this, an! he is "ery concerne!% $e !oesn/t ant to be in

office hen all this happens%

& "isite! ith him an! tol! him that there are certain

actions e shoul! ta'e right no% & thin' e shoul! consi!er the

fact that, accor!ing to the Uniform Commercial Co!e, yoming is

an accommo!ation partyK to the national !ebt% To un!erstan!

this, e must reali7e that there are to separate entities 'non

as the Unite! States%

The othschil! &nfluence

hen *merica as foun!e!, the othschil!s ere "ery unhappy

because it as foun!e! on the Common La% The Common La is

base! on substance, an! this substance is mentione! in the

Constitution as gol! or sil"er% *merica is a Constitutional

epublic 00 that is, a union of the States un!er the

Constitution% hen Congress as or'ing for the epublic, the

only thing it coul! borro as gol! or sil"er, an! the othschil!

ban's !i! not loan gol! or sil"er% =aturally, they !i! not li'e

this ne go"ernment%


18/30

The othschil!s ha! a !eal ith the 8ing of nglan!% $e

oul! borro paper an! agree to repay in gol!% 6ut, these unite!

States, ith their Constitution, ere an obstacle to them, an! it

as much to the othschil!/s a!"antage to get the colonies bac'

un!er the 8ing% So, the othschil!s finance! the ar of 1E12 to

bring *merica bac' un!er nglan!% 3f course, that !i!n/t or',

so they ha! to fin! another ay%

The Fla in the Constitution:

To =ations in 3ne

&t as aroun! the time of the *merican Ci"il ar that they

!isco"ere! a fla in the Constitution% The fla as *rticle 1,

Section E, Clause 1I%

emember that there are to nations calle! -Unite! States%-

hat is a nation5 See if you oul! agree to this !efinition:

hene"er you ha"e a go"erning bo!y, ha"ing a prescribe!

territory containing a bo!y of people%

&s that a nation5 Yes% e ha"e a go"erning bo!y in the epublic

00 the three0branch go"ernment% They are the legislati"e, the

e(ecuti"e, an! the +u!icial branches, ith a constitution% There

is a prescribe! territory containing a bo!y of people% This is a

Constitutional epublic%

6ut, *rticle 1, Section E, Clause 1I ga"e Congress, hich is

the legislati"e branch of the three0branch go"ernment, e(clusi"e

rule o"er a gi"en territory 'non as the >istrict of Columbia,

containing a bo!y of people% $ere e ha"e a nation ithin a

nation% This is a Legislati"e >emocracy ithin a Constitutional

epublic%

hen Congress as a part of the Constitutional epublic, it

ha! the obligation of pro"i!ing a me!ium of e(change for us% &ts

!uty as to coin gol! or sil"er% *nyone ho ha! a piece of gol!

or sil"er coul! bring it in an! ha"e it freely minte! into coin%

This as the me!ium of e(change for the epublic%

6ut, in the Legislati"e >emocracy Bo"er ashington, >%C%,

Congress is not limite! by the Constitution% Congress has

e(clusi"e rule o"er the >istrict of Columbia% The legislators

can ma'e the la by a ma+ority "ote 00 that ma'es it a!emocracyD they ha"e the authority to ha"e a!ministrati"e agents

to enforce their on laD an! they ha"e courts in the

legislati"e branch of go"ernment, to try their on la% $ere, e

ha"e the legislature ma'ing the la, enforcing the la an! trying

the la, all ithin the one branch of go"ernment% This is a one0

branch go"ernment ithin a three0branch go"ernment%

Un!er the three0branch go"ernment, the Congress passes la

hich has to be in harmony ith the Constitution, the e(ecuti"e


19/30

enforces the la passe! by the Congress, an! the +u!iciary tries

the la, pursuant to the Constitution%

T$ T$06*=C$ C3=ST&TUT&3=*L U6L&C an! the 3=06*=C$

L4&SL*T&? >)3C*CY are both calle! T$ U=&T> ST*TS% 3ne is

the fe!eral Unite! States, an! the other is the continental

unite! States%

*re You a Unite! States Citi7en5

&f you say that you are a Unite! States citi7en, hich

Unite! States are you referring to5 *nyone ho li"es in the

>istrict of Columbia is a Unite! States citi7en% The remaining

population in the fifty States is the national citi7enry of the

nation% e are !omicile! in "arious so"ereign States, protecte!

by the constitutions of those States from any !irect rule of

Congress o"er us% &n the !emocracy, anyone ho li"es in those

states 'non as ashington, >%C%, 4uam, uerto ico, or any of

the other fe!erally hel! territories is a citi7en of the Unite!

States B>%C%%

e must be careful ith our choice of or!s 00 e are not

citi7ens of the Unite! States% e are not sub+ect to Congress%

Congress has e(clusi"e rule o"er a gi"en territory, an! e are

not part of that territory%

hen !i! Congress get the authority to rite the &nternal

e"enue Co!e5 &t is foun! in *rticle 1, Section E, Clause 1I of

the Constitution% To pass that la, they only nee!e! a ma+ority

"ote% There is no other ay that they coul! pass las !irectly

affecting in!i"i!uals% Title 2


20/30

you% &t is not the epublic of the continental unite! States

coming after youD it is a foreign nation 00 the legislati"e

!emocracy of a foreign nation coming after you%

&f you get a =otice of >eficiency from the &S, it is a

presentment from the fe!eral Unite! States, so then you can use

the UCC to !ishonor it, an! you can also mention that you are

among the national citi7enry of the continental unite! States,

an! you are a nonresi!ent alien to the fe!eral Unite! States%

You ne"er li"e! in a fe!eral territory an! ne"er ha! an income

from the fe!eral Unite! States%

Furthermore, you cannot be re.uire! to file or pay ta(es

un!er the compelle! benefit of using the Fe!eral eser"e =otes,

because you ha"e reser"e! your rights un!er the Common La

through the Uniform Commercial Co!e at 102#I%

3riginal &ntent of the Foun!ers

The Foun!ing Fathers oul! ne"er ha"e create! a go"ernmentthat as going to boss them aroun! There ere 1 so"ereign

States% They ere nations, an! they +oine! together for

protection from foreign enemies% They pro"i!e! a means by hich

the union of the so"ereign States coul! fen! off foreign enemies%

6ut, they ne"er ga"e the Congress of the fe!eral Unite! States

!irect rule o"er any Citi7en of any State% They ere not going

to be or!ere! aroun! by that go"ernment they set up%

Fe!eral egions

The supreme Court has !eclare! that Congress can rule hat

Congress creates% Congress !i! not create the States, but

Congress !i! create fe!eral regions% So, Congress can rule the

fe!eral regions, but Congress cannot rule the States% $o ha"e

e been tric'e! into fe!eral regions5

The J& Co!e Tric'

emember ho the go"ernment alays come to us an! says, -&/m

from the go"ernment an! &/m here to help you%- The go"ernment

ent out into the "arious States an! sai!, -e !on/t ant you to

go to all that trouble of riting three or four letters to

abbre"iate the name of the State 00 such as /*ri7%/ for

*ri7ona% Aust rite /*J/ instea! of /*ri7%/ 3r, you can +ust

rite /Y/ for yoming, instea! of /yo%/- So, all of the Statesof the union ha"e got a ne to0letter abbre"iation% "en a

State such as ho!e &slan! has a ne abbre"iation% &t is -&-

instea! of -%&%- They ha"e +ust left off the perio!s% hen you

use a to0letter State abbre"iation, you are compelle! to use a

J& co!e, because there are so many States, for e(ample, hich

start ith )% ) is )aine% )& is )ichigan% $o many people !ot

e"ery -i- or ma'e an -i- that loo's li'e an -e-5 ith )*, )3,

)=, )S, etc%, an! some sloppy riting, you coul! not tell one

from another% So, e ha"e to use the J& co!e in or!er to tell


21/30

them apart% 6ut, if you rote -)ich%- or -)inn%- or -)iss%-,

there oul! be no real problem telling hich State it as%

There is no harm in using the J& co!e, if you lafully

i!entify your State% & foun! out that no State legislature has

met to lafully change the abbre"iation of the State from the ol!

abbre"iation to the ne% Therefore, if you !o not use the laful

abbre"iation for your State, but use the shorter ne

abbre"iation, you ha"e to use the J& co!e%

Loo' on page 11 of the J& Co!e >irectory an! it ill tell

you that the first !igit of your J& co!e is the fe!eral region

in hich you resi!e% &f you use /*J/ for *ri7ona, you cannot use

the State Constitution to protect you, because you !i! not

i!entify your State% You use! the J& co!e, hich i!entifies

hich fe!eral region you li"e in% *n! Congress may rule fe!eral

regions !irectly, but it cannot rule the Citi7ens of any State%

*ccommo!ation arty

Let/s loo' at ho the States ha"e become the accommo!ation

party to the national !ebt% There are many people & ha"e tal'e!

to, inclu!ing the 4o"ernor, ho are "ery concerne! about this,

an! ho 'no that it coul! happen "ery soon%

&f *merica is !eclare! a ban'rupt nation, it ill be a

national emergency% The Fe!eral mergency )anagement *gency ill

ta'e o"er, an! anyone ho opposes the ne go"ernment of the

cre!itors can be sent to a !etention camp in *las'a% e ill

ha"e no rights hatsoe"er% They ha"e alrea!y set up prison camps

ith or' camps nearby so the people can be use! for sla"e labor%

&t coul! be the go"ernors, legislators, an! other lea!ers ho

oul! be haule! aay to *las'a, hile the people no

!isenfranchise! from poer oul! li'ely be chosen to run the ne

go"ernment% This coul! all happen "ery soon, as the national

!ebt is so large as to be unpayable% "en the interest on the

!ebt is "irtually unpayable%

*s & e(plaine!, the national !ebt 00 more than three

trillion !ollars 00 is not oe! by the continental unite!

States% &t is the fe!eral Unite! States that ha! authority to

borro ban' cre!it% hen Congress or'e! for the continental

unite! States, it coul! only borro gol! or sil"er, so the

national !ebt as borroe! in the name of the fe!eral Unite!

States% The fe!eral Unite! States has been ban'rupt since 19E,

but the fe!eral Unite! States ha! to trap the States into

assuming the !ebt obligation of the fe!eral !ebt%

&n the Uniform Commercial Co!e, e fin! the term

-accommo!ation party%-< $o !i! the States become the

-accommo!ation party- to the fe!eral !ebt5 The fe!eral

go"ernment, through our money system, ma!e the States !eal in

Fe!eral eser"e =otes, hich means that e"erything the States !o

is -colorable%- Un!er the -colorable- +uris!iction of the

Uniform Commercial Co!e, all of the States are the accommo!ation

party to the fe!eral !ebt%


22/30

=o, the concern is to fin! ho e can get out of this

situation% & tol! the 4o"ernor that, in the Common La an! the

La of )erchants 00 that/s the &nternational La )erchant 00

there is a term calle! no0interest contract% * no0interest

contract is "oi! an! unenforceable% hat is a no0interest

contract5

=o0&nterest Contract

&f & ere to insure a house that !i! not belong to me, that

oul! be a no0interest contract% & oul! +ust ant the house to

burn !on% & oul! pay a small premium, perhaps a fe hun!re!

!ollars, an! insure it for E#,### !ollars against fire% Then, &

oul! be aiting for it to burn so & coul! tra!e my small premium

for ;E#,###% Un!er the Common La an! un!er international la of

the La )erchant, that is calle! a no0interest contract, an! it

is "oi! an! unenforceable in any court%

Unconscionable Contracts

&n the Uniform Commercial Co!e, no0interest contracts are

calle! unconscionable contracts% The section on unconscionable

contracts co"ers more than forty pages in the *n!erson Co!e% The

fe!eral Unite! States has in"ol"e! the States as the

accommo!ation party to the fe!eral !ebt, an! & belie"e e coul!

pro"e this to be an unconscionable contract% e shoul! get some

litigation into the courts before the go"ernment !eclares a

national emergency, claiming that this State has no laful

responsibility for the national !ebt Bof the fe!eral Unite!

States, because it became an accommo!ation party to this !ebt

through an unconscionable contract% &f e ha"e this litigation

before the courts un!er &nternational La hen the nation is

!eclare! ban'rupt, the cre!itors oul! ha"e to settle this matter

first, an! it oul! !elay them% They oul! ant the ne

go"ernment to appear to be legitimate, so they coul! not +ust

mo"e right in an! ta'e o"er the State, because it oul! be in an

&nternational Court% This is "ery important at this time%

Nuestions an! e"ie

=ote: These are some of the .uestions as'e! after the main

lecture% Some are re0statements of material presente! earlier,

but they contain "ery "aluable information hich is orth

repeating%

Courtroom Techni.ues

Nuestion: $o !i! you -bo( in- the Au!ge5

This is easy to !o if you !on/t 'no too much% & !i!n/t

'no too much, but & bo(e! them in% You must play a little !umb%


23/30

&f you are arreste! an! you go into court, +ust remember

that in a criminal action, you ha"e to un!erstan! the la, or it

is a re"ersible error for the court to try you% &f you !on/t

un!erstan! the la, they can/t try you%

&n any traffic case or ta( case, you are calle! into court

an! the +u!ge rea!s the la an! then as's, ->o you un!erstan! the

charges5-

>efen!ant: =o, Your $onor% & !o not%

Au!ge: ell, hat/s so !ifficult about that charge5

ither you !ro"e the rong ay on a one0ay street or

you !i!n/t% You can only go one ay on that street,

an! if you go the other ay, it/s a fifty !ollar fine%

hat/s so !ifficult about this that you !on/t

un!erstan!5

>: ell, Your $onor, it/s not the letter of the la, but

rather the nature of the la that & !on/t un!erstan!%

The Si(th *men!ment of the Constitution gi"es me the right to re.uest the court to e(plain the nature of any

action against me, an! upon my re.uest, the court has

the !uty to anser% & ha"e a .uestion about the nature

of this action%

A: ell, hat is that 00 hat !o you ant to 'no5

*lays as' them some easy .uestions first, as this establishes

that they are ansering% You as':

>: ell, Your $onor, is this a Ci"il or a Criminal *ction5

A: &t is criminal% B&f it ere a ci"il action, there

coul! be no fine, so it has to be criminal%

>: Than' you, Your $onor, for telling me that% Then the

recor! ill sho that this action against your nameM

is a criminal action, is that right5

A: Yes%

>: & oul! li'e to as' another .uestion about this

criminal action% There are to criminal +uris!ictions

mentione! in the Constitution: one is un!er the Common

La, an! the other !eals ith &nternational )aritime Contracts, un!er an *!miralty Auris!iction% .uity is

ci"il, an! you sai! this is a Criminal action, so it

seems it oul! ha"e to be un!er either the Common La,

or )aritime La% 6ut hat pu77les me, Your $onor, is

that there is no corpus !electi here that gi"es this

court a +uris!iction o"er my person an! property un!er

the Common La% Therefore, it !oesn/t appear to me

that this court is mo"ing un!er the Common La%


24/30

A: =o, & can assure you this court is not mo"ing un!er the

Common La%

>: ell, than' you, Your $onor, but no you ma'e the

charge against me e"en more !ifficult to un!erstan!%

The only other criminal +uris!iction oul! apply only

if there ere an &nternational )aritime Contract

in"ol"e!, & as a party to it, it ha! been breache!,

an! the court as operating in an *!miralty

Auris!iction%

& !on/t belie"e & ha"e e"er been un!er any

&nternational )aritime contract, so & oul! !eny that

one e(ists% & oul! ha"e to !eman! that such a

contract, if it !oes e(ist, be place! into e"i!ence, so

that & may contest it% 6ut surely, this court is not

operating un!er an *!miralty Auris!iction%

You +ust put the or!s in the +u!ge/s mouth%

A: =o% & can assure you, e/re not operating un!er an

*!miralty Auris!iction% e/re not out in the ocean

somehere 00 e/re right here in the mi!!le of the

State of any StateM% =o, this is not an *!miralty

Auris!iction%

>: Than' you, Your $onor, but no & am more pu77le! than

e"er% &f this charge is not un!er the Common La, or

un!er *!miralty 00 an! those are the only to

criminal +uris!ictions mentione! in the Constitution

00 hat 'in! of +uris!iction coul! this court be

operating un!er5

A: &t/s Statutory Auris!iction%

>: 3h, than' you, Your $onor% &/m gla! you tol! me that%

6ut & ha"e ne"er hear! of that +uris!iction% So, if &

ha"e to !efen! un!er that, & oul! nee! to ha"e the

ules of Criminal roce!ure for Statutory Auris!iction%

Can you tell me here & might fin! those rules5

There are no rules for Statutory Auris!iction, so the +u!ge ill

get "ery angry at this point an! say:

A: &f you ant ansers to .uestions li'e that, you get

yourself a license! attorney% &/m not alloe! to

practice la from the bench%

>: 3h, Your $onor, & !on/t thin' anyone oul! accuse you

of practicing la from the bench if you +ust anser a

fe .uestions to e(plain to me the nature of this

action, so that & may !efen! myself%


25/30

A: & tol! you before, & am not going to anser any more

.uestions% >o you un!erstan! that5 &f you as' any

more .uestions in regar!s to this, & am going to fin!

you in contempt of court =o, if you can/t affor! a

license! attorney, the court ill pro"i!e you ith one%

6ut, if you ant those .uestions ansere!, you must get

yourself a license! attorney%

>: Than' you, Your $onor, but let me +ust see if & got

this straight%

$as this court ma!e a legal !etermination that it has

authority to con!uct a criminal action against me, the

accuse!, un!er a secret +uris!iction, the rules of

hich are 'non only to this court an! license!

attorneys, thereby !enying me the right to !efen! my

on person5

$e has no anser for that% The +u!ge ill probably postpone the

case an! e"entually +ust let it go% &n this ay, you can be asise as a serpent an! as harmless as a !o"e, but you must not go

into court ith a chip on your shoul!er an! as a olf in -blac'

sheep- country% emember Aesus/ or!s, -& sen! you out as sheep

in olf country% 6e as ise as a serpent, an! as harmless as a

!o"e%- Sheep !o not attac' ol"es !irectly% Aust be an innocent

little lamb ho +ust can/t un!erstan! the charge, an! remember

00 they can/t try you criminally if you !on/t un!erstan! the

charge% That oul! be automatically a re"ersible error on

appeal%

The Social Security roblem

&f & ere a young man, 1E or 2# years ol! an! +ust starting

out in my first +ob, & oul! not ant Social Security% ith my

signature on the application & oul! rite, -ithout re+u!ice

UCC 102#I,- an! & oul! reser"e my Common La rights% 6ut, hy

oul!n/t & ant Social Security to!ay5

& got into the Social Security system in the 19#/s, an! &

pai! into it !ollars that ha! goo! purchasing poer% =o, &/m

getting a promise! return in Fe!eral eser"e =otes hich ha"e

consi!erably less "alue% For e(ample, in 19G#, you coul! buy a

!elu(e Che"rolet for E## !ollars% ith to!ay/s Fe!eral eser"e

=otes, that on/t buy the rear fen!ers an! trun' on a ne

Che"rolet% &f & ere a young man, & oul! not ant to put

Fe!eral eser"e =otes into Social Security no, an! get bac'something later li'e the 4erman mar' after orl! ar & 00 hen

it too' a billion to buy a loaf of brea!% They ill gi"e you

e"ery Fe!eral eser"e =ote bac' that they promise! you, but it

might not buy anything%

*ssurance

Un!er the Uniform Commercial Co!e, you ha"e the right, in


26/30

any agreement, to !eman! a guarantee of performance% So, !on/t

go to them an! say, -& ant to rescin! my Social Security

number,- or -& refuse to ta'e it%- Aust ta'e it easy an! say, -&

oul! be happy to get a Social Security number an! enter into

this contract, but & ha"e a little problem% $o can & ha"e

assurance before & enter into this contract that the purchasing

poer of the Fe!eral eser"e =otes & get bac' at the en! of the

contract ill be as goo! as the ones that & pay in at the

beginning5 They can/t guarantee that, an! you ha"e a right un!er

the UCC to assurance of performance un!er the contract%

So, tell them, -ell, & cannot enter this contract unless

the go"ernment ill guarantee to pay me at the en! of the

contract ith the same "alue Fe!eral eser"e =otes that &/m

paying in% 6oth may be calle! Fe!eral eser"e =otes, but you

'no that these Fe!eral eser"e =otes !on/t hol! their "alue% &

ant assurance on this contract that the Fe!eral eser"e =otes

that & get in my retirement ill buy as much as the ones that &/m

gi"ing to you no in my or'ing years%- They can/t ma'e that

guarantee% &f they on/t gi"e you that guarantee, +ust say, -&/!

be gla! to sign this, but if you can/t guarantee performanceun!er the contract, &/m afrai! & cannot enter the contract%

=o, !i! you refuse or !i! they refuse5 You can get the

sections of the Uniform Commercial Co!e hich grant the right to

ha"e assurance that the contract you ha"e entere! ill be

fulfille! properly 00 that the return ill e.ual the

in"estment, an! you can re+ect the contract using the Co!e%

Using their on system of la, you can sho that they cannot ma'e

you get into a contract of that nature% Aust approach them

innocently li'e a lamb%

&t is "ery important to be gentle an! humble in all !ealings

ith the go"ernment an! the courts 00 ne"er raise your "oice or

sho anger% &n the courtroom, alays be polite an! buil! the

+u!ge up 00 call him -Your $onor%- 4i"e him all the -honor- he

ants% &t !oes no goo! to be !ifficult, but rather be

cooperati"e an! as' .uestions in a ay that lea!s the +u!ge to

say the things hich you nee! to ha"e in the recor!%

The Court eporter

&n many courts, there ill be a regular court reporter% $e

gets his +ob at the +u!ge/s pleasure, so he !oesn/t ant to

!isplease the +u!ge% The court reporter is sorn to gi"e an

accurate transcript of e"ery or! that is spo'en in the

courtroom% 6ut, if the +u!ge ma'es a slip of the tongue, heturns to his court reporter an! says, -& thin' you ha! better

lea"e that out of the transcriptD +ust say & got a little too

far ahea! of you, an! you coul!n/t .uite get e"erything in%- So,

this ill be missing from the transcript%

&n one case, e brought a license! court reporter ith us

an! the +u!ge got "ery angry an! sai!, -This court has a license!

court reporter right here, an! the recor! of this court is this

court reporter/s recor!% =o other court reporter/s recor! means


27/30

anything to this court%-

e respon!e! ith, -3f course, Your $onor, e/re certainly

gla! to use your regular court reporter% 6ut, you 'no, Your

$onor, sometimes things mo"e so fast that a court reporter gets a

little behin!, an! !oesn/t .uite 'eep up ith it all% oul!n/t

it be nice if e ha! another license! court reporter in the

courtroom, +ust in case your court reporter got a little behin!,

so that e coul! fill in from this other court reporter/s !ata%

&/m sure, Your $onor, that you ant an accurate transcript% B&

li'e to use the saying: gi"e a ba! !og a goo! name, an! he/ll

li"e up to it The +u!ge ent along ith it, an! from that

moment on, he as "ery careful of hat he sai!%

These are little tric's to getting aroun! in court% This is

ho to be as ise as a serpent an! as harmless as a !o"e hen e

enter into a courtroom% There are others using the same

information presente! here ho en! up in +ail, han!cuffe! an! hit

o"er the hea!, because they approach the situation ith a chip on

their shoul!er% They try to tell the +u!ge hat the la is an!

that he is a no0goo! scoun!rel an! so on% Aust be ise an!harmless%

UCC 102#I e"ie

&t is so important to 'no an! un!erstan! the meaning of

-ithout re+u!ice UCC 102#I- in connection ith your signature,

that e shoul! go o"er this once more% &t is "ery li'ely that a

+u!ge ill as' you hat it means% So, please learn an!

un!erstan! this carefully:

The use of -ithout re+u!ice UCC 102#I- in connection ith

my signature in!icates that & ha"e reser"e! my Common La

right not to be compelle! to perform un!er any contract that

& !i! not enter into 'noingly, "oluntarily, an!

intentionally%

*n!, furthermore, & !o not accept the liability associate!

ith the compelle! benefit of any unre"eale! contract or

commercial agreement%

3nce you state that, it is all the +u!ge nee!s to hear% Un!er

the Common La, a contract must be entere! into 'noingly,

"oluntarily an! intentionally by both parties, or it can be!eclare! "oi! an! unenforceable% You are claiming the right not

to be compelle! to perform un!er any contract that you !i! not

enter into 'noingly, "oluntarily, an! intentionally% *n! you !o

not accept the liability associate! ith the compelle! benefit of

any unre"eale! contract or agreement%

The compelle! benefit is the pri"ilege to use Fe!eral

eser"e =otes to !ischarge your !ebts ith limite! liability,


28/30

rather than to pay your !ebts ith sil"er coins% &t is a

compelle! benefit, because there are no sil"er coins in

circulation% You ha"e to eat an! you can only buy foo! ith the

me!ium of e(change pro"i!e! by the go"ernment% You are not

alloe! to print your on money, so you are compelle! to use

theirs% This is the compelle! benefit of an unre"eale!

commercial agreement% &f you ha"e not ma!e a "ali!, timely an!

e(plicit reser"ation of your rights un!er UCC 102#I, an! you

simply e(ercise this benefit ren!ere! by go"ernment, you ill be

obligate!, un!er an implie! agreementI, to obey e"ery statute,

or!inance an! regulation passe! by go"ernment at all le"els 00

fe!eral, State an! local%

&n Conclusion

The e!itor of this transcript has ta'en great liberties in

putting it to paper, in an effort to ma'e it rea!able an!

somehat compact% $e ishes to offer his gratitu!e to $oar!

Freeman for the opportunity to or' ith information so

absolutely "ital to our sur"i"al as !ignifie!, unensla"e! humanbeings% $e must also as' )r% Freeman/s forgi"eness for any

errors committe! in getting this in print%

The purpose of this transcript, as state! in the Foreor!,

is to ma'e this 'nole!ge an! is!om a"ailable to as many people

as ill ta'e the time an! trouble to rea! it% &t is meant to be

supplemental to )r% Freeman/s recor!e! lectures, not a

substitute% &n!ee!, there is no substitute for hearing him

present this material in his on or!s% &t is not +ust the la

an! the facts that are important here, but the ay they are use!%

$is numerous remin!ers of Aesus/ commission to be -%%% li'e sheep

among ol"es %%%- cannot be o"erstate!, an! is certainly goo!

a!"ice to us in all !ealings 00 not +ust in court or ith the

go"ernment% $earing him e(plain this in his on or!s brings to

life the practical application an! usefulness of being -ise- an!

-harmless%- &n fact, after being intro!uce! to this approach, it

becomes !ifficult to imagine that any other ay of !efen!ing

oneself from the go"ernment oul! be effecti"e%

&t goes ithout saying that none of this information

presente! here is in any ay, shape or form offere! as legal

a!"ice% For that, as you 'no, you must -get yourself a license!

attorney%-

$a"ing sai! that, & feel obligate! to point out that one of

the most !ifficult aspects of !ealing ith a license! attorney

00 e"en a goo! one 00 may be 'noing +ust hose si!e he is on%B$e is, after all, an officer of the court So, for those of us

ho ha"e conclu!e! that ha"ing an attorney means that you ill

soon be chaine!, gagge! an! le! to the gallos, this information

may be in!ispensable% For the e(traor!inary challenges of

appearing in court in one/s on person 00 in propria persona

00 there are fe reliable sources of information% Learning to

!efen! oursel"es, that is, being responsible instea! of turning

o"er one more area of our li"es to -professionals,- may be the

only ay to ha"e any chance of !igging oursel"es out of this pit


29/30

of legal tyranny% erhaps the greatest problem e face in

e!ucation to!ay is the matter of i!esprea! legal illiteracy%

=aturally, there ill alays be a number of people ho +ust

!on/t care about these issues ho either:

B1 ha"e a soft life hich is supporte! an! maintaine! by

this secret system of la an! the institutions hich

ha"e gron up aroun! it B-& can ma'e a bun!le buying

these &S0sei7e! homes cheap an! reselling them%-, or

B2 !on/t belie"e that anything can be !one about it B-You

can/t fight city hall%-, or

B simply !on/t ha"e the energy or inclination to !o

anything about it B-That/s nice, but let/s see hat/s

on T?%-%

For those goo! -citi7ens,- this hole effort may seem useless, ore"en threatening% 6ut, it is this riter/s "ie that 4o! !i! not

inten! for us to spen! our li"es in statutory sla"ery for the

benefit of a han!ful of secret orl! manipulators, e"en if the

-masters- grant us some to'en pleasures an! !i"ersions% $uman

!ignity re.uires much more than entertainment% The !oor is there

an! the 'ey e(ists% e must fin! it an! e must use it to return

to free!om

Let us !isco"er the mista'es e ha"e ma!e% Let us fin!

truth% Let us apply it ith mee'ness an! is!om, an! let us

gently but firmly reclaim the precious free!om hich e ha"e so

foolishly gi"en up%

September 22, 1991

For )ore &nformation

& encourage anyone ho is intereste! enough to rea! this far

to obtain a set of tapes of $oar! Freeman an! listen to them

carefully% * !onation of ;G%## per tape oul! be appropriate%

This information as ta'en from tapes numbere! 9#0#, 9#01,

9#02 an! 9#0, hich may be or!ere! from:

*merica/s romise )inistries cHo % 3% 6o( 1KI

San!point, &!aho

ostal Jone EEC

B2#E 2


30/30

transcript%

Footnotes:

1% Colorable% That hich is in appearance only, an! not in

reality, hat it purports to be, hence counterfeit, feigne!,

ha"ing the appearance of truth% 6lac'/s La >ictionary,

Fifth !ition%

2% *ctually, it is better to use a rubber stamp, because this

!emonstrates that you ha! pre"iously reser"e! your rights%

The simple fact that it ta'es se"eral !ays or a ee' to

or!er an! get a stamp, shos that you ha! reser"e! your

rights before signing the !ocument%

% *n!erson, Uniform Commercial Co!e, Layers Cooperati"e

ublishing Company%

G% &t is "ery important to get it into the recor! that you !o

not un!erstan! the charges% ith that in the recor!, the court cannot mo"e forar! to +u!ge the facts% This ill be

co"ere! later on page 19%

K% For more about this, see page 1E%

The UCC Connection - Howard Freeman

Documents

Transcript of The UCC Connection - Howard Freeman