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From: ajteel@dendrite.cs.Colorado.EDU (A.J. Teel)
Subject: Driving vs. Traveling by Right
Message-ID: <1993Mar23.075627.28636@colorado.edu>
Organization: Universtiy of Coloardo, Boulder
Date: Tue, 23 Mar 1993 07:56:27 GMT
Lines: 320
Hello All:
Many questions have been raised about "driving" vs. "Travelling
by Right". I am currently working on a FAQ to answer these questions.
In the meantime and for further questions for said FAQ, here is Howard
Freeman on the subject. I invite comments to this post.
With Explicit Reservation Of All Rights (U.C.C. 1-207)
Regards, -A. J. Teel-, Sui Juris (ajteel@dendrite.cs.Colorado.EDU)
[START OF DOCUMENT: frmn2.txt.lis ]
"HOW-TO" INFORMATION FOR SOVEREIGNS
6TH-AMENDMENT JURISDICTIONAL CHALLENGE
by Howard J. Freeman
--------------------------------------
AMENDMENT VI
"In all criminal prosecutions, the accused shall enjoy the right to a
speedy and public trial, by an impartial jury of the State and district
wherein the crime shall have been committed, which district shall have been
previously ascertained by law, and to be informed of the nature and cause
of the accusation; to be confronted with the witnesses against him; to
have compulsory process for obtaining witnesses in his favor, and to have
the assistance of counsel for his defence."
Since we often deal with usurpation of power by the hirelings of
government, it is not a single lawless action that we must contend with,
but rather a 180 degree turning in the "order of power" making the
sovereign citizens, under "de jure" government, into subjects of the
bureaucrats in our present "de facto" government."
We all know that true "law" leaves everyone free to do as one pleases
so long as there is no damage done to life, liberty or property of another.
Upon a sworn complaint of damage by a fellow sovereign citizen, one may be
brought into a Court of Law and ordered to pay for proven damage to
another. That is where true law ends. When we come upon something
"called" law which compels us to perform in some specified manner, we know
that what is "called" law in that instance, is "not true law," but that it
properly comes under what our Constitution terms as "equity." Equity
Jurisdictions are authorized in our Constitution, and they stem from our
unlimited right to contract. An Equity Jurisdiction compels performance
upon the exact letter of any contract obligation. So any statute,
ordinance or regulation which compels us to perform in a specified manner
must, of necessity, involve a contract of some kind: be it written, oral
or implied. It is around "implied" contracts that licensed attorney
legalese has worked to "use our Constitution" to destroy our rights
declared to be inalienable rights by the Constitution and unalienable by
the Declaration of Independance, the Supreme Law of the Land and of the Law
of Nations.
The Constitution is still an obstacle in the path of those who seek
complete and absolute mastery over the citizens of this nation. The
obstacle in the path is, that State Statutes or City Ordinances that compel
performance around a contractual base of American contractual law must be
considered "Civil" Statutes or "Civil" ordinances to be enforceable in an
Equity Jurisdiction, and Article III, Sec. 2, Clause 2 of the U.S.
Constitution states that any Civil controversy in which a State is a party,
cannot be tried in a State Court, but that the U. S. Supreme Court has
original jurisdiction in such cases. So, States and Municipalities, in
order to try violations of State Statutes or Municipal Ordinances in their
own Courts, have to declare that said violations are of a "Criminal"
nature, since State and Municipal Courts are empowered with a Criminal
Jurisdiction to hear offenses against the people of the City. It is in
this area that the Sixth Amendment approach to a jurisdictional challenge
is effective, and it works as follows:
Suppose you are stopped for not using your car's seat belts in a State
which has a statute that compels performance in the fastening of seat belts
in any moving motor vehicle. It is foolish to talk to the arresting
officer; demand of him only that you be tried in a Court of Record. At
arraignment in such a Court the Judge will read the charge, and the State
Statute that you supposedly violated. He will call the Statute Law, but
you know that it is not true law, because it compels performance, but let
the Judge have his say because your chance will come later. After the
Judge reads the charge, and the "law" you violated, he will ask if you
understand the charge against you. Always say "No." The Judge will then
ask what it is about that simple charge, that even a fool could understand,
yet you do not understand? Tell him that the Sixth Amendment to the U. S.
Constitution requires him to inform you of the "nature" and "cause" of the
action against you. Ask him: "Judge, is the action against me in this
Court a Civil Action, or a Criminal Action?" The Judge, now answering under
your Sixth Amendment authority to ask, will tell you that the action before
his Court in this particular case is a Criminal Action. Now, while you
have the Judge responding to your first question, ask him the question,
that he does not want to answer.
Question #2 is as follows:
"Judge, I need further instruction regarding the 'nature' of this
charge pending against me in order that I may properly defend against it.
As you know, Judge, there are two separate and distinct, Criminal
Jurisdictions authorized for this Court by the U. S. Constitution: One
is for Criminal Action under a Common Law Jurisdiction, and the other is a
Condition of Contract violation under the Criminal Aspects of an Admiralty
Jurisdiction. As you well know, Judge, the defenses for a Criminal Action
under a Common Law Jurisdiction are distinctly different from the defenses
under an Admiralty Jurisdiction. Which Jurisdiction: Common Law or
Admiralty, is this Criminal Action pending against me to be tried under?"
There are four possible responses that you will receive from the above
question. I will cover all four:
Response #1:
"This is a Crime against the People of this State so it is a Criminal
Action under a Common Law Jurisdiction."
With that response, you now repeat into the record of the case as
follows: "Thank you Judge, let the record of this particular case against
this particular individual (include your name) show that this Court has
gone on record as stating that the pending Criminal Action in this case is
to be tried under a Common Law Jurisdiction." If the Judge does not dispute
you at this point, you have set a Common Law Case in concrete, and no
future Court can alter that fact.
Now you can ask that the case be dismissed for want of jurisdiction,
since there is no injured party in this case to give the Court a cause of
action under a Common Law Jurisdiction. Also, in a Common Law
Jurisdiction, you have ALL of your rights from the Magna Charta through the
Constitution, and it is a felony under 18 U.S.C. Section 241 for any Judge
to deny you any right guaranteed by the Supreme Organic Law of the land
(under said Criminal Action under a Common Law Jurisdiction, which is now
established in the record of the case.) You may put the Judge on
Constructive Notice of the above law, which if violated after Constructive
Notice of same, causes the Judge to lose his immune status as a judge,
opening him to trial as an individual on the felony charges.
Response #2: (of the Judge to question #2)
"I am sorry. I am not here to advise you on the law. If you want
answers to such questions, I advise you to contact a licensed attorney."
YOU: "But, your honor, the Constitution requires this Court to tell
me the nature of this Criminal Action pending against me. How can I
properly defend myself, which I am lawfully entitled to do, if I am not
told the type of Jurisdiction the case is to be heard under?
THE JUDGE: "I told you before, if you want answers to legal questions
of this nature I advise you to secure the services of a licensed attorney."
YOU: "Thank you, your honor, I would like the record of this case to
show that this court has refused my request made, under the authority of
the Sixth Amendment to the U. S. Constitution, to be informed of the
'nature' of the jurisdiction by which this Criminal Action is to be tried,
and would like the record to show that the Criminal Action pending against
(your name) is a Criminal Action under a secret jurisdiction known only to
licensed attorneys making it impossible for one to defend himself in
Propria Persona."
Response #3: (of the Judge to question #2)
THE JUDGE: "This case is to be tried under Statutory Jurisdiction."
YOU: "Thank you, your honor. I am not acquainted with the Court
rules for such a Jurisdiction. I will, however, accept such Jurisdiction
if this Court, prior to trial date, will provide me with, or tell me where
I can find a book containing the Rules of Criminal Procedure for Statutory
Jurisdiction."
Since there are no such rules published, the Judge will advise you to
obtain the services of a licensed attorney. At that point, speak into the
Court Record as listed in Response #2 that the Court intends to conduct a
Criminal Action against you under a secret jurisdiction known only to
licensed attorneys.
Response #4: (of the Judge to question #2)
THE JUDGE: "This case will be tried under an Admiralty Jurisdiction."
YOU: "Thank you, your honor, but, as you know, an Admiralty
Jurisdiction depends upon a valid international contract in dispute. I am
not aware of having entered into any such contract and so I deny that any
such contract exists. Will you have this prosecuting attorney prove into
the record of this case that a valid international contract exists as a
fact of law, and that I am a party to said contract, and that my being a
party to said contract obligates me to obey this State Statute #_____" etc.
Most prosecuting attorneys would be at a loss to offer such proof.
This takes the problem off the Judge's back, and places it on the back of
the prosecuting attorney (where it belongs!). Failure of proof of
Admiralty Jurisdiction on his part is ground to have his action dismissed
by the Court.
Should you run into a learned prosecuting attorney, who would dare to
expose the legalese by which the order of power in the United States has
been turned upside down, allow him to proceed with his proof, which will be
along this fashion:
"Your Honor, in 1933 the American People, being sovereigns in this
country, voted Franklin D. Roosevelt into the position as their spokesman
and president. In order to accomplish the task desired of him, Mr.
Roosevelt had to spend more money than the sovereign citizens were willing
to pay in taxes. This made it necessary for the people's representative to
borrow bank credit from the International Banking Houses. It was written
into that loan contract that the loans of bank credit, in addition to the
interest (usury) upon them were to be repaid in gold coin. By the year
1938 the International Banking Houses had extended their credit to the
United States in excess of the gold coin, available for repayment of same,
thus the former sovereign citizens of the Nation, through Mr. Roosevelt
their representative, could no longer meet their contract obligations to
pay their international debts in gold coin, and they lost their sovereign
status under the Common Law, because of this default on the debt to the
International banking houses, and the Bar Associations accomodated the
situation by blending "law" with "equity" in 1938 in such a way as not to
alarm the American citizens over their newly acquired servile status. As
every licensed bar attorney knows, the rules of equity are quite different
from the rules of law. American equity compels performance upon the letter
of a contract obligation, or in the interest of the creditor in case of
financial default, but it allows a jury trial for controversy above $20.00,
and it outlaws debtors prisons. However, the equity jurisdiction of
International default on debt is tried in Admiralty Courts, which do not
recognize any of the constitutional protections of American Equity Courts,
since they are international. A Jury in an Admiralty Court is only
advisory to the Chancellor (called Judge) who may rule contrary to a jury
verdict if he wishes. Also Admiralty Courts impose Criminal penalty on
those who fail to perform. The legislative bodies in America today, no
longer pass Public "law" statutes, pursuant to the limitations upon such
statutes by National and State Constitutions, but rather our legislative
bodies in America are now the Sovereign, over the Courts and Executive
officers, as well as over all of the so-called citizens, and their function
is to pass Public "policy" statutes in the interest of the nation's
creditors, which civil statutes contain Criminal penalties under an
Admiralty Jurisdiction. In this particular Public Policy Statute requiring
the fastening of seat belts, the defendant is charged with a Criminal
Action for his failure to perform within a public policy statute written in
the interest of the Nations' Creditors, who feel they want this man
protected from his own careless behavior because dead men pay no taxes, and
the nations' Creditors need this man's labor to help pay the International
debt, which is in default. This Court has an Admiralty Jurisdiction over
the person of this defendant in this Criminal Action, because he failed to
perform according to the contract for the repayment of the nation's debt."
Your answer to the above is to challenge the validity of a contract to
which you were not a direct party and you inform the Court that the
validity of the international Contract, lupon which this case rests, must
be settled before the trial on issues may begin.
* * * * * * Howard L. Freeman, an avid student of law and sovereignty
for more than 30 years, is a retired civil engineer. He lives in Lusk,
Wyoming.
O U T L I N E
Note: this outline of Mr. Freeman's work is not complete. I got
interrupted and never finished it. Read the text carefully. Maybe you can
finish it.
IS ACTION CIVIL OR CRIMINAL?
CRIMINAL
IS CRIMINAL JURISDICTION COMMON LAW OR ADMIRALTY?
COMMON LAW
DISMISS FOR WANT OF JURISDICTION
THERE IS NO INJURED PARTY
ADMIRALTY
HAVE ATTORNEY PROVE INTO RECORD
VALID INT'L CONTRACT EXISTS
YOU ARE PARTY TO CONTRACT
CONTRACTUAL OBLIGATION TO THE STATE
STATUTORY JURISDICTION
SEE CIVIL
GET A LICENSED ATTORNEY
SEE CIVIL
CIVIL
IS STATE A PARTY? SUPREME COURT HAS JURISDICTION
STATUTORY JURISDICTION
WHAT ARE COURT RULES FOR THIS JURISDICTION?
(THEY DON'T EXIST, but if you ask
this question, the judge might just
refer you to the court rules of
another jurisdiction.)
GET A LICENSED ATTORNEY (SEE NEXT)
GET A LICENSED ATTORNEY
INSIST UPON BEING INFORMED OF NATURE OF
THIS CRIMINAL ACTION. LET THE RECORD
SHOW SECRET JURISDICTION
----------------------------------
7 audio 60-minute tapes of Howard Freeman for total of $20
Tape Titles:
ADMIRALTY COURT JURISDICTION (2 CASSETTES)
ADMIRALTY COURT JURISDICTION UPDATE
BIBLICAL MEANING OF WORDS - OBEDIENCE & COMMAND (2 CASSETTES)
CLASSICAL ECONOMICS (2 CASSETTES)
Order tapes from:
Pastor Dan Gaymon (417)432-3119
C/O Church of Israel
Route 1, P.O. Box 62-B-3
Schell City, MO 64783
Bill Martin
12603 8th ave So.
Seattle Washington
[END OF DOCUMENT: frmn2.txt.lis ]
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