The U. C. C. Connection
by Howard Freeman

(Originally published by the Oklahoma Freedom Council)

This is a slightly condensed">

Documentation regarding my particular case

If you are confronted with explaining what the "UCC 1-207" does here is
your answer.

 http://www.worldnewsstand.net/freedom/ucc-connection.htm

 

The U. C. C. Connection
by Howard Freeman

(Originally published by the Oklahoma Freedom Council)

This is a slightly condensed">

The U. C. C. Connection
by Howard Freeman

(Originally published by the Oklahoma Freedom Council)

This is a slightly condensed">

Documentation regarding my particular case

If you are confronted with explaining what the "UCC 1-207" does here is
your answer.

 http://www.worldnewsstand.net/freedom/ucc-connection.htm

 

The U. C. C. Connection
by Howard Freeman

(Originally published by the Oklahoma Freedom Council)

This is a slightly condensed, casually paraphrased transcript of tapes of a seminar given in 1990 by Howard Freeman. We prepared it in order to make available the knowledge and experience of Mr. Freeman in his search for an accessible and understandable explanation of the confusing state of the government and the courts. It should be helpful to those who may have difficulty learning from lectures. Also it should help those who want to develop a deeper understanding of the information, without having to listen to three or four hours of recorded material.

The frustration many feel about our judicial system can be overwhelming and frightening and cause fear based on a lack of understanding and knowledge. Those of us who have chosen a path out of bondage and into liberty face, eventually, the seemingly tyrannical power of a governmental agency and the mystifying awesome power of the courts. We learned that we must "get a good lawyer", that is becoming harder to find, if impossible. When defending ourselves from government, we find that the lawyers quickly take our money and then tell us, as the ship is sinking, "I can't help you with that - I'm an officer of the court."

Ultimately, the only way for us to have a "snowball's chance" is to understand the rules of the "game" and to come to an understanding of the true nature of the Law. The lawyers have established and secured a virtual monopoly over this sphere of knowledge by implying that the subject is just too difficult for the average person to understand, and by creating a separate vocabulary out of English words of otherwise common usage. While it may, at times, seem hopelessly complicated, it is not that difficult to. grasp. Are lawyers really as smart as they would have us believe? Besides, anyone who has been through a legal battle against the government with the aid of a lawyer has come to realize that lawyers know procedure, not law.

Then answered one of the lawyers, and said unto him, master, thus saying thou reproachest us also. And he said, woe unto you also, ye lawyers! For ye made men with burdens grievous to be born, and ye yourselves touch not the burdens with one of your fingers... Woe unto you, lawyers! For ye have taken away the key of knowledge; ye entered not in yourselves, and them that were entering in ye hindered.

(Luke 11:45-52)

Mr. Freeman admits that he is not a lawyer and as such, he has a way of explaining law to us that puts it well within our reach. Consider also that the framers of the Constitution wrote in language simple enough for the people to understand, specifically so that it would not have to be interpreted.

So again we find, as in many other ways, the "buck stops here!" It is we who must take the responsibility for finding and putting to good use the TRUTH. It is we who must claim and defend our... [Creator]-given rights and freedom from those who would take them from us. It is we who must protect ourselves, our families and our posterity from intrusion by those who live parasitically from the labor, skill and talents of others.

To these ends, Mr. Freeman offers a simple. hopeful explanation of our plight and a peaceful method of dealing with it. Please take note that this lecture represents one chapter in his book, which he continues to refine, expand, and improve. It is, as all bits of wisdom are, a point of departure from which to begin our own journey of discovery, so that we all might pass on to others greater knowledge and hope, and to... [the Creator] the gift of lives lived in peace, freedom and praise.

"I send you out as sheep in the midst of wolves, be wise as a serpent and harmless as a dove." [Matthew 10:16]

CONTENTS
I
NTRODUCTION
SECTION 1: Never Argue the Amount of Deficiency

SECTION 2: The Supreme Court on Trial

SECTION 3: Public Law vs. Public Policy

SECTION 4: 1938 and the Erie Railroad

(CLICK HERE)


SECTION 5: A Friend in Court

 

SECTION 6: America is Bankrupt

SECTION 7: Admiralty Courts

SECTION 8: Not Expedient

SECTION 9: Jurisdiction

SECTION 10: Common Law

SECTION 11: Admiralty or Maritime Law

SECTION 12: Courts of Contract

(CLICK HERE)


SECTION 13: Contracts Must be Voluntary

 

SECTION 14: Colorable Money and Colorable Courts

SECTION 15: Uniform Commercial Code

SECTION 16: Contract or Agreement

SECTION 17: Compelled Benefit

(CLICK HERE)


SECTION 18: Remedy and Recourse

 

SECTION 19: Remedy

SECTION 20: UCC 1-207 goes on to say...

SECTION 21: Without Prejudice UCC 1-207

SECTION 22: Recourse

(CLICK HERE)


SECTION 23: Practical Application in Traffic Court

 

SECTION 24: Using the Code with the IRS

SECTION 25: Impending Bankruptcy

SECTION 26: FEMA

(CLICK HERE)


SECTION 27: The Rothschild Influence

 

SECTION 28: The Flaw in the Constitution, Two Nations in One

SECTION 29: Are You a United States Citizen?

SECTION 30: Original Intent of the Founders

(CLICK HERE)


SECTION 31: Federal Region

 

SECTION 32: The Zip Code Trick

SECTION 33: Accommodation Party

SECTION 34: No-Interest Contract

SECTION 35: Unconscionable Contracts

(CLICK HERE)


SECTION 36: Questions and Review

 

SECTION 37: Courtroom Technique

SECTION 38: The Social Security Problem

SECTION 39: Assurance

(CLICK HERE)


SECTION 40: The Court Reporter

 

SECTION 41: UCC 1-207 Review

SECTION 42: CONCLUSION

(CLICK HERE)


HOW IT ALL BEGAN!

 

(THE HISTORICAL PROOF)

 

 

 

The information below and more is located at: http://autarchic.tripod.com/dixon/chapter6.html

 

Without Prejudice

Chapter 6: Without Prejudice UCC 1-207

Black's. Without prejudice. Where an offer or admission is made "without prejudice," or a motion is denied or a suit dismissed "without prejudice," it is meant as a declaration that no rights or privileges of the party concerned are to be considered as thereby waived or lost accept in so far as may be expressly conceded or decided.

A signing of "without prejudice" entitles the Sovereign Citizen to Thee Bill of Rights, which attach to his person or "personam" and those rights are not waived unless through actions on the part of the sovereign at a future date or a court decision in advance of your reservation. Your political knowledge must defend your contracting needs and all controversies must be settled with written correspondence. Youíre right to avoid consequences of statute or commercially assigned obligations put the burden on plaintiff to prove his statements with verified or sworn instruments.

Agency police power is voided upon notice of the "personam" Citizen. "Probable cause" rather than civil statute of "reasonable cause" is required. "Artificial" "persons" who obligate to the subject matter instrument are "made liable" to its delict. An "unconditional" signing gives the agency court in personam and subject matter jurisdiction per Rule 12(b). Without prejudice reserves your personam and takes away the "inferior" court requirement, of having both subject matter and in personam jurisdiction. The Article I court cannot judge an action until it clears the administrative level and has acquired both jurisdictions. Article III Judicial must try sovereign citizens by design, after criminal intent has been alleged.

Uniform Commercial Code 1-207. "Performance or Acceptance Under Reservation of Rights. (1) A party who with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as "without prejudice," "under protest" or the like are sufficient."

A reservation of Thee Bill of Rights is a demand and notice, which gives We Thee People our proper status as state citizens and a court of Article III Law.

Amendment VII: "In Suits at common Law, where the controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by jury, shall be otherwise re-examined in any Court of the united States, than according to the rules of the common law."

A sovereign Citizen cannot be tried in a statutory inferior court without his consent and your contracting without a reservation of rights ensures disaster of political status. The use of the UCC is for those contracts, which are commercially forced upon the Sovereign Citizen and are essential for proper remedy at Law. The W-4, drivers license, bank, school and agency protective services are the presumptive contractual systems and these are "engraft" of "Penumbra Doctrine" and the "implied powers" of Article I and Article II, which "makes" Admiralty, and puts you before the "inferior" courts with the burden of proving innocence. Penalties of perjury are of criminal intent and must be protected or the adversity of the issue will apply via your waiver.

Black's. An accord being a contract, the requirements of mutual assent and consideration must be met. Buob v. Feenaughty Machinery Co., 191 Wash. 477, 71 P.2d 559, 564.

A contract signed under duress is unconscionable and must be represented "without prejudice" or the instrument is treated as "satisfaction and accord" before the trier of fact.

Black's. Unconcionability. Unconcionability is generally recognized to include an absence of meaningful choice on the part of one of the parties, to a contract together with contract terms, which are unreasonably favorable to the other party. Gordon v. Crown Central Petroleum Corp., D.C.Ga., 423 F.Supp. 58, 61.

Procedural advantages are granted to the executor, which allows facts agreed upon to be carried out, even police power of court. The only reason I signed a W-4 was to engrave without prejudice upon it. My job requires the W-4 form and the reservation brings peace to the issue of being exempt. Without the reservation, I would have been assessed a $500 frivolous penalty. My employer and the IRS are contracted entities and I do not wish to participate or "benefit" with them.

Remember, the perjury portion is a statute criminal matter. Once into the body of the contract, all corporate rights are protected and wiggling the facts are forbidden. The 5th Amendment cannot protect your waived rights, for court decisions advise the reservation must be made upon the instrument as a clear indicator of your intention. Your voluntary act of signature without your representation is your cause of worry. Since there is no place in the 1040 to put a claim for defense, the Citizen must write their objections upon the "unit" or prima facie. The "Privacy Act" states that when a person is "made liable;" they are required to send a "return or tax statement." A reservation of rights breaks this "made liable" into Constitutional issues that the IRS cannot deal with.

Black's. Uniform Commercial Code. (1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or may enforce the remainder of the contract without the unconscionable clause or it may so limit the application of any unconscionable clause as to avoid any unconscionable result. (2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.

UCC Section 2-302 should be construed in conjunction with the obligation of good faith imposed at several places in the Code. See UCC 1-203.

A contract cannot be forced upon the Sovereign Citizen, and when faced with no way out; the vigilant must reserve their rights. All signings are voluntary and lawful, but the Sovereign cannot allow "good faith" alone to guide our political knowledge. When in doubt protect yourself at all times. We Thee People must "bind the hands of government to the constitution to prevent mischief;" words of Thomas Jefferson are the warnings of Thee founding fathers. The mischief We Thee People suffer comes as assumpsit.

Black's. Assumpsit. He undertook: he promised. A promise or engagement by which one person assumes or undertakes to do some act or pay something to another. It may be either oral or in writing, but is not under seal. It is express if the promisor puts his engagement in distinct and definite language; it is implied where the law infers a promise (though no formal one has passed) from the conduct of the party or the circumstances of the case. Duke v.Rogers, 67 Ga.App. 661, 21 S.E.2d 295, 297.

The law "infers" a promise when it gives a child a social security card at birth. When the conduct of the child has moved them out into the real world, their application to the system is "express." When the paperwork is signed, your child will toil as you have in this Promised Land. We Thee People must reserve our childrenís rights from birth, and at their school.

Black's. Unconscionable bargain. An unconscionable bargain or contract is one which no man in his senses not under delusion, would make, on the one hand, and which no fair and honest man would accept, on the other. Hume v. U.S. 406, 10 S.Ct. 134, 33 L.Ed. 393.

The IRS cannot be considered fair or honest and contracting with them only makes the sovereign Citizen fair game for tribute. A volunteer is "made liable" at the "Penumbra" "writing" of contract. Perjury is the statute of design and Admiralty, the springboard for agency mischief and police power.

Black's. Perjury. In criminal law, the willful assertion as to a matter of fact, opinion belief, or knowledge, made by a witness in a judicial proceeding as part of his evidence, either under oath or in any form allowed by law to be substituted for an oath whether such evidence is given in open court, or in an affidavit or otherwise, such asseveration being material to the issue or point of inquiry and known to such witness to be false. Gatewood v. State, 15 Md.App. 314, 290 A.2d 551, 553.

I cannot think of any contract a Citizen may sign, which may bring perjury when you the "entitled" Citizen protect their Rights.

Black's. False. The word "false" has two distinct and well-recognized meanings: (1) intentionally or knowingly or negligently untrue, (2) untrue by mistake or accident, or honestly after the exercise of reasonable care. Metropolitan Life Ins. Co. v. Adams, D.C.Mun.App.,37 A.2d 345, 350.

You can see that it does not take much to sign an instrument incorrectly, and be fined by agency without proof of being guilty. The difference is obvious only in the "writing." Once you are inside the body of the W-4 and have agreed to the amount of deductions and terms "unconditionally," the waiver takes place because the unit has been "executed." Without prejudice does not allow the "execution" of a contract and reserves your rights. Your reservation also puts a condition on the unit, vitiates its perjury and summary procedure which makes the unit non-negotiable and "dead in law."

Black's. Negotiable instruments. To be negotiable within the meaning of U.C.C. Article 3, an instrument must meet the requirements set out in Section 3-104: (1) it must be writing signed by the maker or drawer.

The W-4 unit is required to be signed and delivered to sworn persons of Executive Branch Departments "Penumbra" HEAD. An agent representing the IRS is usually the person who assigns you these instruments. These are usually employees who work for the chartered corporation that you rub elbows with at work. That particular "employee" has the job of giving you all the paperwork possible to get you on board this Admiralty fleet of ignorance and is from the personnel department. This not so innocent W-4 unit will "engraft" with other required instruments of one type or the other as clarified in the "Penumbra Doctrine" and created de facto police power.

The marriage between Article I and Article II is a convenience for the sovereign citizen because of the Separation of Powers. The W-4 is the vilest of the "implied power" forms. To be separate and not joined at the Flag, Congress at Article I nor Admiralty at Article II combined, can interfere with Article I Section 2 Clause 3; "Representatives and direct taxes shall be apportioned." There is not a soul around who can help you with the mystery. WHY? Why am I required to sign an agreement that I know only an ignorant fool would agree to while intoxicated? Unconscionable, you can bet your next "stripe" on it soldier!

The unit is now executed and ready for your tribute. You had no opportunity to negotiate and the agent and the employer will take the "penumbra" share back to its creator, U.S. Treasury. Admiralty is the muscle of the President and "forums" of procedural facts will dance before you and attract your attention to the body of the now negotiable unit. A meeting of the minds has transformed a sovereign state Citizen into "domesticated product", and "artificial persons" of Article I Section 8 Clause 17, as a United States Citizens, and you are now "subject" to the direct tax.

Negotiable Instrument further states; "it must contain an UCC 3-104(2) unconditional UCC3-104(3) promise or order.

Without Prejudice UCC 1-207 above your signature not only puts a condition on an unconditional contract, but also reserves all your rights under Article III Judicial. Police power is void unless "crime" and probable cause exist.

I think this odd, coming from Congress at Article I, but I am grateful to God for His Grace, because this appears to be the only way to reserve our freedom without contest. The W-4 is not viable unless you wish to have the agent deduct your social security. My next job will be to exclude a social security number on the same "reserved" unit. Employers have no power over the use of the W-4 by the Citizen. The IRS takes care of those who wonder from their flock, if they have charter to hold them.

We Thee People have the right to contract or not, and cannot be forced to sign any instrument, when we do so for convenience and peace lets all protect ourselves. Our individual personam will make us very powerful as a state and posterity with the family of man will return.

"An unconstitutional statute, though having the form of law, is in reality, no law and imposed no duties, confers no rights, creates no office, bestows no power on anyone and justifies no actions performed under it." Am. Jur. 2d Sec. 256.

The graduated income tax is unconstitutional only, if the citizen abates its "color of law," "without Prejudice" to him.

Bouvierís 1914 Law Encyclopedia. "It must be permitted of men to buy his peace prejudice without to them." "It has been held that one may buy his peace by compromising a claim which he knows is without right." Daily v. King, 70 Mich. 568, 44 N.W. 959, "but the compromise of an illegal claim will not sustain a promise." Read v. Hitchings, 71 ME 590.

A police officer will have pen hand as well as the weapons of war because he must protect himself from the corporate Citizens who have given him the police power. All instruments you sign will lead to your political destruction if you do not protect your Bill of Rights at this stage. This is very important for it brings the Judiciary of Article III into play at probable. UCC 1-103.6 states "The Code cannot be read to preclude a Common Law action."

Without Prejudice serves notice upon any agent, that you are not waiving any of your state Bill of Rights. Beware of agency procedure and sign everything with Thee reservation to make the instrument non-assumpsit.

Black's. Non-assumpsit. The general issue in the action of assumpsit; being a plea by which the defendant avers, "he did not partake" or promise as alleged.

When We Thee People are put in a circumstance of compromise, the only viable solution this scribe has found relies on Thee Uniform Commercial Code and its direct link to Thee Constitution of these united States of America.

"But whenever the Judicial Power is called into play. It is responsible to the fundamental law and no other authority can intervene to force or authorize the judicial body to disregard it." Yakus v. U.S 321 U.S. 414 pg. 468 (1944).

The officer may not know the Law and will probably proceed with whatever "forum" is to be taken per his training instructions. He is a "ministerial" officer of the court and is given very little discretional knowledge. When our Rights are violated by agency, we must cooperate with constitutional recourse and remedy. The agents must sign forms also and these become permanent record of the administrative process that will receive your judicial notice.

Our state citizenship is brought forth along with our personam Rights, which do not mingle well with statute procedure. A court appearance would be to gain jurisdiction over your personam. I would suggest that for study purposes you answer politely, that you do not understand the charges, and "without prejudice" under Uniform Commercial Code 1-207, "due to mistakes in fact and Law, I wish to remain silent."

The magistrate will have to be very constructive in his "color of law" procedure because his boundaries to engage you further are abated. Without contract or tacit admission to the jurisdiction, it is finished. Remember, you are in an Article I "inferior" court, brought by Admiralty and the only power this court has over the sovereign Citizen is to give Remedy or take the issue to the Grand Jury for indictment under Article III if there is criminal intent. The 5th Amendment states; "No person shall be held to answer for a capitol or otherwise infamous crime, unless on presentment of a Grand Jury." If there is no victim and criminal intent, there is no crime.

"It may however, be considered settled that letters or admissions containing the expression in substance that they are to be "without prejudice" will not be admitted in evidence ... an arrangement stating the letter was without prejudice was held to be inadmissible as evidence ... not only will the letter bearing the words, "without prejudice" but also the answer thereto, which was not so guarded, was inadmissible." Ferry v. Taylor, 33 Mo. 323; Durgin v. Somers, 117 Mass 55, Molyneaux v. Collier, 13 Ga. 406. When correspondence had commenced "without prejudice" but afterwards those words were dropped, it was immaterial, 6 Ont. 719.

Without Prejudice UCC 1-207, above your signature, on an instrument will represent the following:

Not a promise to appear and vitiates perjury.
Enforces the Right to contract and the right to compromise an unconscionable contract.
Reserves all applicable Bill of Rights and Article III judicial Power.
"Criminal intent" must be brought forward to proceed.
Separation of Powers.
All Constitutional terms dealing with contracts, judicial and taxes.
Reserves "personam" jurisdictional issues.
Estoppel of subject matter only jurisdiction, and summary Admiralty.
Non-assumpsit.
Habeas Corpus.
Activating clause for police power at "probable cause."
Disrupts Penumbra Doctrine.
(13) Confession and avoidance.

Miranda will be given for you to sign, reserve your rights on this instrument by not becoming in personam at Rule 12 (b). Do not give up your personam to "power of attorney" because you waive rights with each admission or tacit response answered by "persons standing in your stead," which makes you in personam for accepting this "benefit." Remain SILENT and the reservation will command you to Justice.

God Bless!