What Color is That!?

Or: The coloring of the fact and how opinion is treated as fact in the legal world

What is your favorite color?

Opinion

Do you like blue jelly-beans or red jelly-beans? Is your favorite color blue or orange? Or, is it persimmon, burnt orange, or fire-engine red?

Color is an opinion. It is a feeling or emotional response to something of preference. Another of mankind can only guess your favorite color. They do not know your thought or thinking. Also, there is no proof that the thinking is a confirmation or simply a thought of consideration. Colors can be a variety of favorites in your mind. It is your opinion.

Facts on the other hand; they are simple words or proven event. They are something verifiable with evidence. A simple object like a cup that can be held and used for a specific purpose is a fact that is expressed as a noun. In biblical reference, when there is an absence of physical evidence, there must be three people who did witness what is true for it to be recorded as fact. The story must be the same. Those people must be willing to testify to what they did witness.

Since 1861, the vast majority of statutes and laws made by the governments in the US are opinion. They are based on a presumption of persons or individuals (law of persons) created under authority of the 14th Amendment as federal citizens; and those same “persons” or “individuals” are listed among other entities (not a man or woman as living souls) in all the statutory definitions. They also have added words to “color” the facts. This is done with adjectives or adverbs, depending on the sentence structure or phrase. This coloring allows for arguments and a grey area that then becomes potentially emotional and subjective.

Property

As an example, let’s start with one that we all think we know: PROPERTY

PROPERTY. Rightful dominion over external objects ; ownership ; the unrestricted and exclusive right to a thing; the right to dispose of the substance of a thing in every legal way, to possess it, to use it, and to exclude every one else from interfering with it. Mackeld. Rom. Law, § 265.

Property is the highest right a man can have to anything; being used for that right which one has to lands or tenements, goods or chattels, which noway depends on another man's courtesy. Jackson ex dem. Pearson v. Housel, 17 Johns. 281, 283.

The right of property is that sole and despotic dominion which one man claims and exercises over the external things of the world, in total exclusion of the right of any other individual in the universe. It consists in the free use, enjoyment, and disposal of all a person's acquisitions, without any control or diminution save only by the laws of the land. 1 Bl. Comm. 138; 2 Bl. Comm. 2, 15.

The word is also commonly used to denote any external object over which the right of property is exercised. In this sense it is a very wide term, and includes every class of acquisitions which a man can own or have an interest in. See Scranton v. Wheeler. 179 U. S. 141, 21 Sup. Ct. 4S, 45 L. Ed. 126; Lawrence v. Hennessey, 165 Mo. 659, 65 S. W. 717; Boston & L. R. Corp. v. Salem & L. It. Co., 2 Gray (Mass.), 35; National Tel. News Co. v. Western Union Tel. Co.. 119 Fed. 294, 56 C. C. A. 198, 60 L. R. A. 805; Hamilton v. Rathbone, 175 U. S. 414, 20 Sup. Ct. 155, 44 L. Ed. 219; Stanton v. Lewis, 26 Conn. 449; Wilson v. Ward Lumber Co. (C. C.) 67 Fed. 674.

[“bold and italic added for effect”]

It is commonly thought that the phrase “real property” is the same as “property”. That is an unfounded assumption. That assumption is then used as a presumption by the legal society and they then support the government through the district attorneys and prosecutors to gain administration over your property.

This is typically done through registration, licensing, and taxes being filed without clarification of the man or woman’s actual political status; and, there are many other tricky methods. It is also accomplished through the use of words like “resident”, “inhabitant”, “person”, and “individual”. These words place a man or woman into a category of “kinds” that are entities by the “kind” category with reduced rights. The Residence Act of 1790 covers the creation of the Municipal Government in DC and defines some of these words and their application as it applies to Washington DC.

Code Example - Color of Law for Persons and Vehicles

“Person” means every natural person, firm, copartnership, association or corporation.

West Virginia Code Chapter 17A. Vehicle Administration, Registration, Certificate of Title and Antitheft Provisions § 17A-1-1. Definitions

Based on the person definition above in the West Virginia Vehicle code, a couple things should stand out; you are not a resident if you are not a person. You are also not a resident if you claim your are a man or woman who is a living soul and has claimed their status as an American and part of the people (all lower case); and if you are not a person, or a resident, you do not have a “vehicle”. Instead you have property of which you use to travel; you do not drive.

“Vehicle” means every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting devices moved by human power or used exclusively upon stationary rails or tracks.

West Virginia Code Chapter 17A. Vehicle Administration, Registration, Certificate of Title and Antitheft Provisions § 17A-1-1. Definitions

As was shown in the last article of what one thing does not look like the other, you do not qualify as a person. So, that word alone disqualifies you from having a vehicle. A person is an entity based on the list of kinds that are in a loosely written statute for entities. A vehicle is used by a “person”. So, you do not have a vehicle if you are not a resident and you are a living soul (one of mankind) living in a home, in a home state, with a nationality of a state, and you own property. Curious…

There is a distinction between Lawful Persons and Legal Persons. However; that is a deeper conversation. The easiest explanation for this article is to state Lawful Persons are comprised of the lawful names you claim dominion over; and, you “act as” a Lawful Person; and, you live on the land and soil of your state. You, as a man or woman, are living people as vessels for your living soul. You are not the actual Lawful Person. It is the status of a Lawful Person and from that name which you claim. You are not your name; you claim your name.

So, What does “Color” Mean?

“Color” means “An appearance, semblance, or simulacrum, as distinguished from that which is real. A prima facia or apparent right. Hence, a deceptive appearance, a plausible, assumed exterior, concealing a lack of reality; a disguise or pretext. See also colorable.” Black’s Law Dictionary 5^th Edition, on page 240

“Colorable” means “That which is in appearance only, and not in reality, what it purports to be, hence counterfeit feigned, having the appearance of truth.” Windle v Flinn, 196 Or. 654, 251 P.2d 136, 146.

“Color of Law” means “The appearance or semblance, without the substance of legal right. Misuse of power, possessed by virtue of state law and made possible only because wrongdoer is clothed with authority of state is action taken under ‘color of law.’” Atkins v Lanning, D.C.Okl., 415 F. Supp. 186, 188.

All of the coloring is in the favor of the government and their agents based on the “prima facia” evidence they created with their forms and requests for information we volunteer to fill out and give back to them. It usually comes with adjectives coloring a fact in the form of a pronoun. And we are taught from a young age to accept and fill out the form and we slowly assume we are the “person” or “resident” they reference on the form. We have pledged our status without realizing we have actually done so… and the presumption is then made based on this newly created “prima facia” evidence.

“prima facia” – “At first sight; on the first appearance; on the face of it; so far as can be judged from the first disclosure; presumably; a fact presumed to be true unless disproved by some evidence to the contrary.” State ex rel. Hebert v Whims. 68 Ohio App. 39, 38 N, E. 2d 596, 599, 22 O.O. 110, Black’s Law Dictionary 5^th Edition page 1071.

We presume officers of the court know the law:

“Officers of the court have no immunity, when violating a constitutional right, for they are deemed to know the law.” Owens v Independence 100 S.C.T. 1398

Example phrases and words that are color-of-law:

• motor vehicle

• real property

• real estate

• warranty deed

• quit claim deed

• sovereign citizen

• freeman on the land

• licensed driver

• marriage license

• vehicle registration

• driver’s license

• resident

• person

• inhabitant

• social justice

• child protective services

Murdock v. Pennsylvania, 319 US 105: “No state shall convert a liberty into a license, and charge a fee therefore.”

How did this happen? The Conversion from a man or woman to a Legal Person

The conversion through conquest (without our knowledge) and this conversion codified with a change in jurisdictions…

The Lieber Code

The Lieber Code, which was the formal printing of Lincoln’s General Orders No. 100, was the first conversion of American people to residents for the purpose of Martial Law.

Lieber Code

Prepared by Francis Lieber, promulgated as General Orders No. 100 by President Lincoln, 24 April 1863.

Instructions for the Government of Armies of the United States in the Field, prepared by Francis Lieber, LL.D., Originally Issued as General Orders No. 100, Adjutant General's Office, 1863, Washington 1898: Government Printing Office.

“Residents, as distinguished from citizens, are aliens who are permitted to take up a permanent abode in the country. Being bound to the society by reason of their dwelling in it, they are subject to its laws so long as they remain there, and, being protected by it, they must defend it, although they do not enjoy all the rights of citizens. They have only certain privileges which the law, or custom, gives them. Permanent residents are those who have been given the right of perpetual residence. They are a sort of citizen of a less privileged character, and are subject to the society without enjoying all its advantages. Their children succeed to their status; for the right of perpetual residence given them by the State passes to their children.” The Law of Nations, Vattel, Book 1, Chapter 19, Section 213, p. 87

Sometimes the conversion into a resident and the acceptance of property conversion into “real property” is as simple as signing or returning a questionnaire which will allow the government to presume they have authority over your property. They give you forms, you fill them out because of ignorance of your rights, and what we think is a required command. We are taught to respect what we believe is authority.

Instead of blindly filling out that form next time, send them a response back thanking them for their letter, clarify that you do not understand their words as they do not seem to apply to you, and then request clarification for their words. Provide definitions of what you believe is true, and request their assistance to validate their presumptions. Look into your local traffic code and tax code and you will find these definitions. This all requires you keeping copies of law dictionaries and doing some research. The government expects you know the law. When you do not, they presume you do and that you have volunteered your diminishment to a federal citizen with limited rights and privileges.

ASK QUESTIONS!

It is important to remember that the list of items in a statute default to their “kind” in the list to match the prominent number of “kinds” in the list.

MAXIM OF LAW - Ejusdem Generis (eh-youse-dem generous) v adj. Latin for “of the same kind,” used to interpret loosely written statutes. Where a law lists specific classes of persons or things and then refers to them in general, the general statements only apply to the same kind of persons or things specifically listed.

Example: if a law refers to automobiles, trucks, tractors, motorcycles and other motor-powered vehicles, “vehicles” would not include airplanes, since the list was of land-based transportation.

26 USC 7701 (a) (1) Person - The term “person” shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation.

Example Court Cases of color of law:

“But the subpoena is in form an official command, and, even though improvidently issued, it has some coercive tendency, either because of ignorance of their rights on the part of those whom it purports to command or their natural respect for what appears to be an official command or because of their reluctance to test the subpoena’s validity by litigation.” US v Minker, 350 US 179 (1956).

“Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interfere only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them.” Penhallow v Doane’s Administrators, 3 U.S. 54 (1795) at p 93.

“If a … … Citizen acquires the same legal status (artificial character) as those protected by the Amendment (through the operation of some statutory law of Congress), then said … … Citizen may be brought within the venue of the Amendment as a statutory (juristic) person. By this means, … … Citizens birthrights become of no affect and their rights are reduce to the inferior character of statutory Civil Rights (mere legislative privileges).” The Non-Ratification of the Fourteenth Amendment by Judge A.H. Ellett. Utah Supreme Court, Dynett v Turner, 439 P2d 266.

“the words ‘person’ and ‘whoever’ include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals;” 1 USC § 1

The list above is completely entities - creations of the mind. This definition also uses the word “includes”. That means it is limited to the list. As all items in the list are entities, the word “individuals” is also an entity; a creation of the mind.

“The term ‘United States’, when used in a geographic sense, means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and possession within the jurisdiction of the United States.” 6 USC § 101 (17) (A).

Do you live in the “United States” based on the definition above?

“The term ‘State’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, and any possession of the United States.” 6 USC § 101 (15).

Do you live in a “State” based on the definition above?

“Whoever falsely and willfully represents himself to be a citizen of the United States shall be fined under this title or imprisoned not more than three years, or both.”18 USC § 911.

Real Property

So, let’s look at the definition of “real”:

REAL. In common law. Relating to land, as distinguished from personal property. This term is applied to lands, tenements, and hereditaments.

In the civil law. Relating to a thing, (whether movable or immovable) as distinguished from a person.

Notice how it is “distinguished” from personal property? The more accurate statement is that it is NOT property; personal or of any kind. It is a “color of property”. It is a way to create opinion about the property.

When purchasing a house, the realtor sells “real estate”. It is an opinion about the estate. This estate should actually be property if there are no liens or bonds against the property. But, we accept the change to “real estate” based on a misplaced permission of authority that does not exist.

What happens next?

Then the title insurance company gets involved and does a title search. This title search only researches history on the property from 30-60 years. So, it is not a full search on the validity of the title. Since it is not a full title search, the result is a “Warranty Deed” which is a color of title. It would be wise to finish the search through the county records and verify no current contracts exist on the property. These would include Oil & Gas rights, Rock & Mineral rights, etc… If there are any and these, and they are not current and have expired, they are clear in the title. Also, if you can break down the grammar of the contract and see if it is even valid by 18 USC 1001, there may have never been a valid contract in the first place.

After this is complete, then request a BLM (bureau of land management) office copy of the original land patent/grant for the land from where your surveyed property is contained on. Make sure to then bring the land patent forward to include your surveyed property. Record with a Land Recording Office. This will take the Warranty Deed, to a “title in-fee-simple”, and then bring it to an allodial title. This would prove you are king of your land and owe no allegiance to another for said land. Make sure there are no local liens or bonds against your property. This can be accomplished by requesting that information from the county clerk and/or county assessor.

Generational memory hole!

What has happened over time is we have allowed for the color of title. We have given the responsibility of the title search and the sale to another entity. This diminishes the accuracy of who has claim over things. The lack of knowledge of how our common law works, and how we own our property, has resulted in allowing controversy about our property through the use of opinion words. Now, the real issue is that it is very hard to find your perfect property without the use of an agent. So, you have work to do after you make your purchase.

And other conversions:

This same issue exists with car titles, registrations, and licenses. By adding the third party title holder of the State of State (State of Wisconsin) or STATE of STATE (STATE of WISCONSIN), we allow color of title. These versions of “States” are all Legal Persons. We go from having property in the form of an automobile, to having a motor vehicle and becoming licensed drivers operating in commerce. All this stems from the acceptance of some version of Federal US Citizenship and believing we are something we are not. This is all because someone hands you a form to fill out and we give in to the perceived authority. Also, corporations are programmed to send your title to the State and then to the Bank. The Bank sends it back to the State when the loan (in the form of a mortgage) is paid; and, the State of Wisconsin still thinks it is a 3rd party title holder through the vehicle registration and driver’s license. These forms give the State-of-State or STATE-of-STATE permission to tell you what to do and how to act when you are using your property.

·       Cruden v. Neale, 2 N.C. 338 May Term, 1796 – United States Supreme Court (pre-civil war) “…every man is independent of all laws, except those prescribed by nature. He is not bound by any institutions formed by his fellowman without his consent.”

Yick Wo v. Hopkins, 118 US 356, 370: “Sovereignty itself is, of course, not subject to law, for it is the author and source of law.”

By adding words and presumption of meaning, facts get colored and we give up our rights. Think about this next time you hear or see adjectives and pronouns strung together. Ask yourself if it means anything, or is it for effect and an emotional response? Can the phrase be broken down to a simple word that means an actual fact? Is the phrase two or more words strung together that change the presumption? Is the one word about an entity, or a man or woman?

Next Time

In the next article, we will dig into the actual government structure a little more as it relates to nationality and citizenship. It will be a logic exercise to demonstrate what we had, versus what we have now. The people are not gone, they are simply lost; and they forgot where their land and soil life began and how that jurisdiction holds the power over the other jurisdictions.

In the meantime - what color is that?

Encyclopedia Britannica Color Wheel