Illegal Extremist Militia Founder
BY Herschel Smith
4 years, 7 months ago
Via David Codrea, this great piece by David Kopel.
In early 1775, tensions between Great Britain and the American colonies were reaching the breaking point. The previous October, King George III had forbidden the import of arms and ammunition into the colonies, a decision which the Americans interpreted as a plan to disarm and enslave them. Kopel, How the British Gun Control Program Precipitated the American Revolution, 38 Charleston Law Review 283 (2012).
Without formal legal authorization, even from the Continental Congress, Americans began to form independent militias, outside the traditional chain of command of the royal governors. In February 1775, George Washington and George Mason organized the Fairfax Independent Militia Company.
According to Mason’s Fairfax County Militia Plan for Embodying the People, “a well regulated Militia, composed of the Gentlemen, Freeholders, and other Freemen” was needed to defend “our ancient Laws & Liberty” from the Redcoats. “And we do each of us, for ourselves respectively, promise and engage to keep a good Fire-lock in proper Order, & to furnish Ourselves as soon as possible with, & always keep by us, one Pound of Gunpowder, four Pounds of Lead, one Dozen Gun Flints, & a pair of Bullet-Moulds, with a Cartouch [cartridge] Box, or powder-horn, and Bag for Balls.” 1 The Papers of George Mason 210-11, 215-16 (Robert A. Rutland ed., 1970). Similar militias were being formed all over the American colonies, with no formal authorization and no chain of command to the established government. The legal bases of the militias were the natural rights of self-defense and self-government.
And that, fellows – ” … promise and engage to keep a good Fire-lock in proper Order, & to furnish Ourselves as soon as possible with, & always keep by us, one Pound of Gunpowder, four Pounds of Lead, one Dozen Gun Flints, & a pair of Bullet-Moulds, with a Cartouch [cartridge] Box, or powder-horn, and Bag for Balls” – is what well regulated means. It means, simply, regulated firearms, or in other words, properly functioning and well stocked and supplied. Powder and shot available, sights adjusted, and in working order.
Persuaded by Henry’s eloquence, the Virginia Convention formed a committee—including Patrick Henry, Richard Henry Lee, George Washington, and Thomas Jefferson—”to prepare a plan for the embodying, arming, and disciplining such a number of men as may be sufficient” to defend the commonwealth. The Convention urged “that every Man be provided with a good Rifle” and “that every Horseman be provided . . . with Pistols and Holsters, a Carbine, or other Firelock.” (“Firelock” was a synonym for “flintlock,” the most common firearms of the time.) Journal of Proceedings of Convention Held at Richmond 10-11 (1775).When the Virginia militiamen assembled a few weeks later, many wore canvas hunting shirts adorned with the motto from the conclusion of Henry’s speech: “Liberty or Death.” Henry Mayer, A Son of Thunder: Patrick Henry and the American Revolution 251 (1991).
Today, they would red flag Washington and send a trigger happy SWAT team to shoot up him and his family and beasts. Or in other words, they would have proven the very thing that brought the patriots together and caused them to arm against tyranny.
So any time some ignorant fool tells you that the founders couldn’t have imagined arming the citizens with “weapons of war,” remind them that Washington was an “extremist illegal militia founder” and intended to make war on tyranny.
On February 19, 2020 at 9:42 am, Michael Gladius said:
Well-Regulated in those days meant “trained,” which is why full-time soldiers were called “regulars” and part-time militia were called “irregulars.” Training was vital because if an army reloaded too slowly it would get hammered by volley fire and charged with the bayonet. Being solely on the receiving end typically led to retreats, not victories.
So today, organizing MUST include training, or else we’ll get beaten to the punch repeatedly. Modern firearms allow us to punch above our weight; we must be trained to do that as quickly as we can.
On February 19, 2020 at 12:05 pm, Thomas Moore said:
A comment from my life living in 2 Kingdoms (Dubai and KSA) and 2 countries (UK and Aussie) where personal ownership of ANY firearm basically forbidden; a simple matter of stark fear from the government of an armed uprising and citizens taking their battle straight to the offices of the government. So, the government rules by virtue that they and criminals are the only ones armed and criminals are unlikely to forge together for a coordinated attack. Anyone who tells me they are a gun grabber does so because they want the power in the hands of government to shoot and kill any they wish and that without any revolt. An armed citizen makes for a nervous government.
On February 19, 2020 at 1:22 pm, Coffeejoe said:
I honestly think that the folks in Virginia (of which I am a citizen) in their yells to “start a militia” to combat the overreach of the current state administration have never taken the time to read the Code of Virginia (link provided) as it pertains to “unorganized militias” in the state of Virginia.
https://law.lis.virginia.gov/vacode/title44/chapter1/
Below are just a few tidbits I gleaned from the Code. Of special interest should be Articles 1 and 8 (specifically deals with unorganized militia).
44-1. Composition of militia.
The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into three classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; and the unorganized militia.
44-85. Regulations and penalties.
Whenever any part of the unorganized militia is ordered out, it shall be governed by the same rules and regulations and be subject to the same penalties as the National Guard.
44-86. When ordered out for service.
The commander in chief may at any time, in order to execute the law, suppress riots or insurrections, or repel invasion, or aid in any form of disaster wherein the lives or property of citizens are imperiled or may be imperiled, order out the National Guard and the inactive National Guard or any parts thereof, or the whole or any part of the unorganized militia. When the militia of this Commonwealth, or a part thereof, is called forth under the Constitution and laws of the United States, the Governor shall order out for service the National Guard, or such part thereof as may be necessary; and he may likewise order out such a part of the unorganized militia as he may deem necessary. During the absence of organizations of the National Guard in the service of the United States, their state designations shall not be given to new organizations.
44-87. Manner of ordering out for service.
The Governor shall, when ordering out the unorganized militia, designate the number to be so called. He may order them out either by calling for volunteers or by draft.
44-88. Incorporation into the Virginia Defense Force.
Whenever the Governor orders out the unorganized militia or any part thereof, it shall be incorporated into the Virginia Defense Force until relieved from service.
44-89. Draft of unorganized militia.
If the unorganized militia is ordered out by draft, the Governor shall designate the persons in each county and city to make the draft, and prescribe rules and regulations for conducting the same.
44-90. Punishment for failure to appear.
Every member of the militia ordered out for duty, or who shall volunteer or be drafted, who does not appear at the time and place ordered, shall be liable to such punishment as a court-martial may direct.
44-114.4. Governor not prevented from drafting into state military service.
Nothing in this article shall prevent the Governor from drafting all citizens into the state military service if he may so desire in accordance with the military laws of Virginia.
On February 19, 2020 at 4:33 pm, MTHead said:
Bring George back and drop him in congress right now. We could run a pool on how minutes it took before he pulled his sabre and started running people through!
Although I doubt he would be surprised that congress was taken over by tyrant’s. He would be more disappointed with our response to them.