The UCC Connection: Free Yourself from Legal Tyranny (3/3)

ubik_heisenberg at freedom.net ubik_heisenberg at freedom.net
Fri Mar 9 17:30:04 PST 2001



     There is  no harm  in using  the ZIP  code, if  you lawfully
identify your  State.   I found out that no State legislature has
met to lawfully change the abbreviation of the State from the old
abbreviation to the new.  Therefore, if you do not use the lawful
abbreviation  for   your  State,   but  use   the   shorter   new
abbreviation, you have to use the ZIP code.

     Look on  page 11  of the ZIP Code Directory and it will tell
you that  the first  digit of your ZIP code is the federal region
in which you reside.  If you use 'AZ' for Arizona, you cannot use
the State  Constitution to  protect  you,  because  you  did  not
identify your  State.   You used  the ZIP  code, which identifies
which federal  region you live in.  And Congress may rule federal
regions directly, but it cannot rule the Citizens of any State.


                       Accommodation Party

     Let's look  at how  the States have become the accommodation
party to  the national debt.  There are many people I have talked
to, including  the Governor,  who are  very concerned about this,
and who know that it could happen very soon.

     If America  is declared  a bankrupt  nation, it  will  be  a
national emergency.  The Federal Emergency Management Agency will
take over,  and anyone  who opposes  the new  government  of  the
creditors can  be sent  to a  detention camp  in Alaska.  We will
have no rights whatsoever.  They have already set up prison camps
with work camps nearby so the people can be used for slave labor.
It could  be the  governors, legislators,  and other  leaders who
would  be   hauled  away   to  Alaska,   while  the   people  now
disenfranchised from  power would likely be chosen to run the new
government.   This could  all happen  very soon,  as the national
debt is  so large  as to  be unpayable.  Even the interest on the
debt is virtually unpayable.

     As I  explained, the  national debt   --   more  than  three
trillion dollars   --   is  not owed  by the  continental  united
States.   It is  the federal  United States that had authority to
borrow bank  credit.   When Congress  worked for  the continental
united States,  it could  only borrow  gold  or  silver,  so  the
national debt  was borrowed  in the  name of  the federal  United
States.   The federal United States has been bankrupt since 1938,
but the  federal United  States  had  to  trap  the  States  into
assuming the debt obligation of the federal debt.

     In  the   Uniform  Commercial   Code,  we   find  the   term
"accommodation  party."6     How   did  the   States  become  the
"accommodation  party"   to  the   federal  debt?    The  federal
government, through  our money  system, made  the States  deal in
Federal Reserve  Notes, which means that everything the States do
is "colorable."    Under  the  "colorable"  jurisdiction  of  the
Uniform Commercial  Code, all of the States are the accommodation
party to the federal debt.

     Now, the  concern is  to find  how we  can get  out of  this
situation.   I told  the Governor that, in the Common Law and the
Law of  Merchants   --  that's the International Law Merchant  --
there is  a term  called no-interest  contract.    A  no-interest
contract is  void and  unenforceable.    What  is  a  no-interest
contract?


                      No-Interest Contract

     If I  were to insure a house that did not belong to me, that
would be  a no-interest contract.  I would just want the house to
burn down.   I  would pay  a small premium, perhaps a few hundred
dollars, and  insure it for 80,000 dollars against fire.  Then, I
would be waiting for it to burn so I could trade my small premium
for $80,000.  Under the Common Law and under international law of
the Law  Merchant, that  is called a no-interest contract, and it
is void and unenforceable in any court.


                    Unconscionable Contracts

     In the  Uniform Commercial  Code, no-interest  contracts are
called unconscionable  contracts.   The section on unconscionable
contracts covers more than forty pages in the Anderson Code.  The
federal  United   States  has   involved  the   States   as   the
accommodation party  to the  federal debt, and I believe we could
prove this  to be an unconscionable contract.  We should get some
litigation into  the courts  before  the  government  declares  a
national emergency,  claiming  that  this  State  has  no  lawful
responsibility for  the national  debt  (of  the  federal  United
States), because  it became  an accommodation  party to this debt
through an  unconscionable contract.   If we have this litigation
before the  courts under  International Law  when the  nation  is
declared bankrupt, the creditors would have to settle this matter
first, and  it would  delay  them.    They  would  want  the  new
government to  appear to  be legitimate,  so they  could not just
move right  in and take over the State, because it would be in an
International Court.  This is very important at this time.


                      Questions and Review

     Note:   These are some of the questions asked after the main
lecture.   Some are  re-statements of material presented earlier,
but  they  contain  very  valuable  information  which  is  worth
repeating.


                      Courtroom Techniques

     Question:  How did you "box in" the Judge?

     This is  easy to  do if  you don't  know too much.  I didn't
know too much, but I boxed them in.  You must play a little dumb.

     If you  are arrested  and you  go into  court, just remember
that in  a criminal action, you have to understand the law, or it
is a  reversible error  for the  court to  try you.  If you don't
understand the law, they can't try you.

     In any  traffic case  or tax case, you are called into court
and the judge reads the law and then asks, "Do you understand the
charges?"
     
Defendant:     No, Your Honor.  I do not.

Judge:    Well,   what's   so   difficult   about   that  charge?
          Either you  drove the  wrong way on a one-way street or
          you didn't.   You  can only  go one way on that street,
          and if  you go the other way, it's a fifty dollar fine.
          What's  so   difficult  about   this  that   you  don't
          understand?

D:        Well, Your  Honor, it's  not the letter of the law, but
          rather the  nature of  the law that I don't understand.
          The Sixth  Amendment of  the Constitution  gives me the
          right to request the court to explain the nature of any
          action against  me, and  upon my request, the court has
          the duty to answer.  I have a question about the nature
          of this action.

J:        Well, what is that  --  what do you want to know?


Always ask  them some  easy questions  first, as this establishes
that they are answering.  You ask:


D:        Well, Your Honor, is this a Civil or a Criminal Action?

J:        It is  criminal.   (If it  were a  civil action,  there
          could be no fine, so it has to be criminal.)

D:        Thank you,  Your Honor,  for telling me that.  Then the
          record will  show that  this action against [your name]
          is a criminal action, is that right?

J:        Yes.

D:        I  would  like  to  ask  another  question  about  this
          criminal action.   There are two criminal jurisdictions
          mentioned in the Constitution:  one is under the Common
          Law, and  the other  deals with  International Maritime
          Contracts, under  an Admiralty Jurisdiction.  Equity is
          civil, and  you said  this is  a Criminal action, so it
          seems it  would have to be under either the Common Law,
          or Maritime  Law.   But what puzzles me, Your Honor, is
          that there  is no  corpus delecti  here that gives this
          court a  jurisdiction over my person and property under
          the Common  Law.   Therefore, it  doesn't appear  to me
          that this court is moving under the Common Law.

J:        No, I can assure you this court is not moving under the
          Common Law.

D:        Well, thank  you, Your  Honor, but  now  you  make  the
          charge against  me even  more difficult  to understand.
          The only  other criminal  jurisdiction would apply only
          if  there   were  an  International  Maritime  Contract
          involved, I  was a  party to  it, it had been breached,
          and  the   court  was   operating   in   an   Admiralty
          Jurisdiction.

          I  don't   believe  I   have  ever   been   under   any
          International Maritime  contract, so  I would deny that
          one exists.   I  would  have  to  demand  that  such  a
          contract, if it does exist, be placed into evidence, so
          that I  may contest  it.  But surely, this court is not
          operating under an Admiralty Jurisdiction.


You just put the words in the judge's mouth.


J:        No. I  can assure  you, we're  not operating  under  an
          Admiralty Jurisdiction.   We're  not out  in the  ocean
          somewhere   --   we're right  here in the middle of the
          State of  [any State].   No,  this is  not an Admiralty
          Jurisdiction.

D:        Thank you,  Your Honor,  but now I am more puzzled than
          ever.   If this  charge is not under the Common Law, or
          under Admiralty   --    and  those  are  the  only  two
          criminal jurisdictions  mentioned in  the  Constitution
          --   what kind  of jurisdiction  could  this  court  be
          operating under?

J:        It's Statutory Jurisdiction.

D:        Oh, thank  you, Your Honor.  I'm glad you told me that.
          But I  have never heard of that jurisdiction.  So, if I
          have to  defend under  that, I  would need  to have the
          Rules of Criminal Procedure for Statutory Jurisdiction.
          Can you tell me where I might find those rules?


There are  no rules for Statutory Jurisdiction, so the judge will
get very angry at this point and say:


J:        If you  want answers  to questions  like that,  you get
          yourself a  licensed attorney.    I'm  not  allowed  to
          practice law from the bench.

D:        Oh, Your  Honor, I  don't think anyone would accuse you
          of practicing  law from  the bench if you just answer a
          few questions  to explain  to me  the  nature  of  this
          action, so that I may defend myself.

J:        I told  you before,  I am  not going to answer any more
          questions.   Do you  understand that?   If  you ask any
          more questions  in regards  to this, I am going to find
          you in  contempt of  court!  Now, if you can't afford a
          licensed attorney, the court will provide you with one.
          But, if you want those questions answered, you must get
          yourself a licensed attorney.

D:        Thank you,  Your Honor,  but let  me just  see if I got
          this straight.

          Has this  court made  a legal determination that it has
          authority to  conduct a criminal action against me, the
          accused, under  a secret  jurisdiction,  the  rules  of
          which  are  known  only  to  this  court  and  licensed
          attorneys, thereby  denying me  the right  to defend my
          own person?


He has  no answer for that.  The judge will probably postpone the
case and  eventually just  let it go.  In this way, you can be as
wise as  a serpent and as harmless as a dove, but you must not go
into court  with a  chip on your shoulder and as a wolf in "black
sheep" country.   Remember Jesus' words, "I send you out as sheep
in wolf  country.   Be as wise as a serpent, and as harmless as a
dove."  Sheep do not attack wolves directly.  Just be an innocent
little lamb  who just  can't understand  the charge, and remember
--   they can't  try you  criminally if  you don't understand the
charge.   That would  be  automatically  a  reversible  error  on
appeal.


                   The Social Security Problem

     If I  were a young man, 18 or 20 years old and just starting
out in  my first  job, I would not want Social Security.  With my
signature on  the application  I would  write, "Without Prejudice
UCC 1-207,"  and I  would reserve my Common Law rights.  But, why
wouldn't I want Social Security today?

     I got  into the  Social Security system in the 1930's, and I
paid into  it dollars  that had  good purchasing power.  Now, I'm
getting a  promised return  in Federal  Reserve Notes  which have
considerably less  value.   For example, in 1940, you could buy a
deluxe Chevrolet  for 800  dollars.  With today's Federal Reserve
Notes, that  won't buy  the rear  fenders  and  trunk  on  a  new
Chevrolet.   If I  were a  young man,  I would  not want  to  put
Federal Reserve  Notes into  Social Security  now, and  get  back
something later  like the German mark after World War I  --  when
it took  a billion  to buy  a loaf  of bread.  They will give you
every Federal  Reserve Note  back that  they promised you, but it
might not buy anything.


                            Assurance

     Under the  Uniform Commercial  Code, you  have the right, in
any agreement,  to demand  a guarantee of performance.  So, don't
go to  them and  say, "I  want  to  rescind  my  Social  Security
number," or "I refuse to take it."  Just take it easy and say, "I
would be  happy to  get a  Social Security  number and enter into
this contract,  but I  have a  little problem.   How  can I  have
assurance before  I enter  into this contract that the purchasing
power of  the Federal  Reserve Notes I get back at the end of the
contract will  be as  good as  the ones  that I  pay  in  at  the
beginning?  They can't guarantee that, and you have a right under
the UCC to assurance of performance under the contract.

     So, tell  them, "Well,  I cannot  enter this contract unless
the government  will guarantee  to pay  me  at  the  end  of  the
contract with  the same  value Federal  Reserve  Notes  that  I'm
paying in.   Both  may be  called Federal  Reserve Notes, but you
know that  these Federal Reserve Notes don't hold their value.  I
want assurance  on this  contract that  the Federal Reserve Notes
that I get in my retirement will buy as much as the ones that I'm
giving to  you now  in my  working years."   They can't make that
guarantee.  If they won't give you that guarantee, just say, "I'd
be glad  to sign  this, but  if you  can't guarantee  performance
under the contract, I'm afraid I cannot enter the contract.

     Now, did  you refuse  or did  they refuse?   You can get the
sections of  the Uniform Commercial Code which grant the right to
have assurance  that  the  contract  you  have  entered  will  be
fulfilled  properly     --    that  the  return  will  equal  the
investment, and  you can  reject the  contract  using  the  Code.
Using their own system of law, you can show that they cannot make
you get  into a  contract of  that nature.   Just  approach  them
innocently like a lamb.

     It is very important to be gentle and humble in all dealings
with the government and the courts  --  never raise your voice or
show anger.   In  the courtroom,  always be  polite and build the
judge up  --  call him "Your Honor."  Give him all the "honor" he
wants.    It  does  no  good  to  be  difficult,  but  rather  be
cooperative and  ask questions  in a  way that leads the judge to
say the things which you need to have in the record.


                       The Court Reporter

     In many  courts, there will be a regular court reporter.  He
gets his  job at  the judge's  pleasure, so  he doesn't  want  to
displease the  judge.   The court  reporter is  sworn to  give an
accurate  transcript   of  every  word  that  is  spoken  in  the
courtroom.   But, if  the judge  makes a  slip of  the tongue, he
turns to  his court  reporter and  says, "I  think you had better
leave that  out of  the transcript;   just say I got a little too
far ahead of you, and you couldn't quite get everything in."  So,
this will be missing from the transcript.

     In one  case, we  brought a  licensed court reporter with us
and the judge got very angry and said, "This court has a licensed
court reporter  right here,  and the record of this court is this
court reporter's  record.  No other court reporter's record means
anything to this court."

     We responded  with, "Of  course, Your Honor, we're certainly
glad to  use your  regular court  reporter.   But, you know, Your
Honor, sometimes things move so fast that a court reporter gets a
little behind,  and doesn't  quite keep up with it all.  Wouldn't
it be  nice if  we had  another licensed  court reporter  in  the
courtroom, just  in case your court reporter got a little behind,
so that  we could  fill in from this other court reporter's data.
I'm sure,  Your Honor,  that you want an accurate transcript.  (I
like to  use the  saying:   give a bad dog a good name, and he'll
live up  to it!)   The  judge went  along with  it, and from that
moment on, he was very careful of what he said.

     These are little tricks to getting around in court.  This is
how to  be as wise as a serpent and as harmless as a dove when we
enter into  a  courtroom.    There  are  others  using  the  same
information presented here who end up in jail, handcuffed and hit
over the head, because they approach the situation with a chip on
their shoulder.   They  try to tell the judge what the law is and
that he  is a  no-good scoundrel  and so  on.   Just be  wise and
harmless.


                        UCC 1-207 Review

     It is  so important  to know  and understand  the meaning of
"Without Prejudice  UCC 1-207" in connection with your signature,
that we  should go over this once more.  It is very likely that a
judge will  ask  you  what  it  means.    So,  please  learn  and
understand this carefully:


     The use  of "Without Prejudice UCC 1-207" in connection with
     my signature  indicates that  I have  reserved my Common Law
     right not to be compelled to perform under any contract that
     I  did   not  enter   into   knowingly,   voluntarily,   and
     intentionally.


     And, furthermore,  I do  not accept the liability associated
     with the  compelled benefit  of any  unrevealed contract  or
     commercial agreement.


Once you  state that,  it is  all the judge needs to hear.  Under
the Common  Law, a  contract  must  be  entered  into  knowingly,
voluntarily and  intentionally by  both parties,  or  it  can  be
declared void  and unenforceable.  You are claiming the right not
to be  compelled to  perform under  any contract that you did not
enter into knowingly, voluntarily, and intentionally.  And you do
not accept the liability associated with the compelled benefit of
any unrevealed contract or agreement.


     The compelled  benefit  is  the  privilege  to  use  Federal
Reserve Notes  to discharge  your debts  with limited  liability,
rather than  to pay  your debts  with silver  coins.    It  is  a
compelled  benefit,   because  there   are  no  silver  coins  in
circulation.   You have to eat and you can only buy food with the
medium of  exchange provided  by the  government.   You  are  not
allowed to  print your  own money,  so you  are compelled  to use
theirs.     This  is  the  compelled  benefit  of  an  unrevealed
commercial agreement.   If  you have not made a valid, timely and
explicit reservation  of your  rights under  UCC 1-207,  and  you
simply exercise  this benefit rendered by government, you will be
obligated, under  an implied  agreement7, to  obey every statute,
ordinance and  regulation passed  by government at all levels  --
federal, State and local.


                          In Conclusion

     The editor  of this  transcript has taken great liberties in
putting it  to paper,  in an  effort  to  make  it  readable  and
somewhat compact.   He  wishes to  offer his  gratitude to Howard
Freeman  for   the  opportunity   to  work  with  information  so
absolutely vital  to our  survival as dignified, unenslaved human
beings.   He must  also ask  Mr. Freeman's  forgiveness  for  any
errors committed in getting this in print.

     The purpose  of this  transcript, as stated in the Foreword,
is to  make this knowledge and wisdom available to as many people
as will  take the time and trouble to read it.  It is meant to be
supplemental  to   Mr.  Freeman's   recorded  lectures,   not   a
substitute.   Indeed, there  is no  substitute  for  hearing  him
present this  material in  his own words.  It is not just the law
and the facts that are important here, but the way they are used.
His numerous reminders of Jesus' commission to be "... like sheep
among wolves  ..." cannot  be overstated,  and is  certainly good
advice to  us in  all dealings  --  not just in court or with the
government.   Hearing him explain this in his own words brings to
life the practical application and usefulness of being "wise" and
"harmless."  In fact, after being introduced to this approach, it
becomes difficult  to imagine  that any  other way  of  defending
oneself from the government would be effective.

     It  goes  without  saying  that  none  of  this  information
presented here  is in  any way,  shape or  form offered  as legal
advice.  For that, as you know, you must "get yourself a licensed
attorney."

     Having said  that, I feel obligated to point out that one of
the most  difficult aspects  of dealing  with a licensed attorney
--  even a good one  --  may be knowing just whose side he is on.
(He is, after all, an officer of the court!)  So, for those of us
who have  concluded that  having an  attorney means that you will
soon be  chained, gagged and led to the gallows, this information
may be  indispensable.    For  the  extraordinary  challenges  of
appearing in  court in  one's own  person  --  in propria persona
--   there are  few reliable sources of information.  Learning to
defend ourselves,  that is,  being responsible instead of turning
over one  more area  of our  lives to "professionals," may be the
only way  to have any chance of digging ourselves out of this pit
of legal  tyranny.   Perhaps the  greatest  problem  we  face  in
education today is the matter of widespread legal illiteracy.

     Naturally, there  will always be a number of people who just
don't care about these issues who either:


     (1)  have a  soft life  which is supported and maintained by
          this secret  system of  law and  the institutions which
          have grown  up around  it ("I  can make a bundle buying
          these IRS-seized homes cheap and reselling them."), or

     (2)  don't believe  that anything can be done about it ("You
          can't fight city hall."), or

     (3)  simply don't  have the  energy  or  inclination  to  do
          anything about  it ("That's  nice, but let's see what's
          on TV.").


For those good "citizens," this whole effort may seem useless, or
even threatening.  But, it is this writer's view that God did not
intend for  us to  spend our  lives in  statutory slavery for the
benefit of  a handful  of secret  world manipulators, even if the
"masters" grant  us some  token pleasures  and diversions.  Human
dignity requires much more than entertainment.  The door is there
and the key exists.  We must find it and we must use it to return
to freedom!

     Let us  discover the  mistakes we  have made.   Let  us find
truth.   Let us  apply it  with meekness  and wisdom,  and let us
gently but  firmly reclaim  the precious freedom which we have so
foolishly given up.


                                               September 22, 1991


                      For More Information

     I encourage anyone who is interested enough to read this far
to obtain  a set  of tapes  of Howard  Freeman and listen to them
carefully.   A donation  of $4.00  per tape would be appropriate.
This information  was taken  from tapes  numbered  90-30,  90-31,
90-32 and 90-33, which may be ordered from:


                  America's Promise Ministries
                        c/o P. O. Box 157
                        Sandpoint, Idaho
                      Postal Zone 83864/TDC

                         (208) 265-5405


     The next  set of  tapes (from  1991) are numbered 1004, 1005
and  1006,   and  contain   vital  material  not  found  in  this
transcript.


Footnotes:

1.   Colorable.   That which  is in  appearance only,  and not in
     reality, what it purports to be, hence counterfeit, feigned,
     having the  appearance of  truth.   Black's Law  Dictionary,
     Fifth Edition.

2.   Actually, it  is better  to use a rubber stamp, because this
     demonstrates that  you had  previously reserved your rights.
     The simple  fact that  it takes  several days  or a  week to
     order and  get a  stamp, shows  that you  had reserved  your
     rights before signing the document.

3.   Anderson,  Uniform   Commercial  Code,  Lawyers  Cooperative
     Publishing Company.

4.   It is  very important  to get it into the record that you do
     not understand  the charges.   With  that in the record, the
     court cannot  move forward to judge the facts.  This will be
     covered later on page 19.

5.   For more about this, see page 18.

6.   UCC 3-415.  "Accommodation Party."  One who signs commercial
     paper in any capacity for the purpose of lending his name to
     another party to the instrument.  Such a party is a surety."
     (Surety:   "One who  undertakes to  pay money  or to do some
     other act in the event that his principal fails therein.")

7.   See UCC  1-201.   General Definitions  (3): "Agreement means
     the bargain  of the  parties  in  fact  as  found  in  their
     language  or   by  implication   from  other   circumstances
     including courses,  dealing or  usage of  trade or course of
     performance."


                             #  #  #
      

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