No products in the cart.

News

Nelson Hultberg: Revitalization of the State Militias

Nelson Hultberg_2015

 

Revitalization of the State Militias

 

A Review of Edwin Vieira’s “The Sword and Sovereignty”

by Nelson Hultberg

 

On April 19, 1775, the battles of Lexington and Concord on the outskirts of Boston ignited the conflict that led to the most momentous political event of man’s history – the Declaration of Independence and the birth of America. In the early morning hours of that day, a command of British troops was dispatched from Boston to search out and confiscate stores of militia weapons and supplies at Concord. On the way they confronted a small and unimposing band of armed American militia at Lexington. The British Major John Pitcairn shouted out, “Ye villains, ye Rebels, disperse; damn you, disperse! Lay down your arms!”

The American militia were under the command of Captain, John Parker; and their orders were to remain non-antagonistic to the British. They were outnumbered by almost ten to one. So why didn’t they lay down their arms when ordered to do so? “Because,” says constitutional scholar Edwin Vieira, “free men with a duty to keep and bear arms never willingly lay down their arms. And at Lexington, none of them did.” The heroic militia Captain John Parker warned his men, “if they mean to have a war let it begin here.” And begin it did.

Importance of the State Militias

With his newest book, The Sword and Sovereignty, Edwin Vieira, Jr., has given us a magisterial work that meticulously documents the history of the early American Militias and why similar units must be revitalized today if we are to adequately confront our disintegration as a society and restore the republic that the Founders gave us. It is a book that will profoundly shock 98 percent of Americans. It is so overpowering in its legal logic and constitutional veracity that the intellectuality of Cicero and Plutarch comes to mind as one reads the prose. It is not a book that can be read lightly; it demands a tolerance for legal thought and abstract conceptualization. But for those “men of the mind” who understand the importance of ideas in the unfolding of history, the effort will be most rewarding. You will be shown an entirely new way of seeing things regarding guns, militia, the Second Amendment, homeland security, how they intertwine, and how they have been grossly misrepresented by quisling, pseudo-experts of the establishment.

For the first 125 years of our history, the “Militia of the several States” was a highly honored institution that played a vital role in preserving the concept of federalism upon which our system of freedom depends. This ended with the Militia Act of 1903, which shifted the “Militias of the several States” into National Guard units under the auspices of the national military. State and local control was eliminated.

In addition, as Vieira tells us, over the past century decades “of disuse, misuse, and abuse have so thoroughly muddled the meaning of ‘Militia’ in contemporary American political discourse that the word is hardly ever encountered except as invective, usually well-freighted with vituperative adjectives such as ‘extremist’ and ‘violent’, broadcast by the enemies of constitutional government (and their dupes and other ‘useful idiots’) for the purpose of intimidating into silence the people they intend to oppress as soon as the vast majority of Americans has been thoroughly disarmed through one form of ‘gun control’ or another.”

Anybody today with a modicum of brains can see that our nation is being transformed into a “first-class police state.” Homeland Security and Washington’s outrageous “Patriot Acts” are Alice in Wonderland institutions that have taken us a giant step down the path to Orwell’s nightmare. Our military-industrial complex grows exponentially. The Federal Government has become a Godzilla of ugliness and menace. Our Congressmen are Machiavellian schemers wallowing in sophistic mazes and treason to truth.

Vieira’s answer to this pernicious evolution is startling. As with all big thinkers in history, he asks us (like Steve Jobs did to his comrades at Apple) to “Think Different!” He maintains that America cannot be saved unless she revitalizes her original concept of the “Militia of the several States.” The Sword and Sovereignty explains – in 1,945 pages of text and 305 pages of appendixes, tables, and notes – why this must be done and how to constitutionally do it. Magisterial scholarship is putting it mildly.

History and Restoration of the Militias

The book explores the legal history of the pre-constitutional Militia statutes of colonial times to demonstrate that armed and well-regulated Militias formed on the state level are what the Founders intended for the provision of “homeland security.” The monstrosity of today’s centralized Homeland Security Department in Washington is not needed; a revival of the “Militias of the several States” and unequivocal acknowledgement of the people’s right to bear arms will give us everything we require. This will decentralize “security” in the country and help greatly to check the ominous peril of the military-industrial complex.

Many Americans will perceive this as a quixotic attempt to turn back the clock and revive a hopeless anachronism that prevailed in the era of flintlock muskets and tri-cornered caps. Not so. Vieira demonstrates his points legally with the same overpowering logic that Ludwig von Mises puts forth economically in Human Action. Mises was relentless in rational destructions of the socialists’ sinister fallacies. So too is Vieira in his dismantling of the arguments of today’s collectivist control freaks.

After he traces the legal history of pre-constitutional Militia and gun statutes, he then lays out seventeen fundamental principles (in seventeen chapters) to define how the constitutional structure and service of a revitalized “Militia of the several States” would be validated. When one is done reading these seventeen chapters, he sees clearly that a revitalization of the state Militias is constitutionally legitimate and workable in the modern day. Whether or not they can be revived is, of course, an open question. There is huge opposition in all establishment schools, bureaucracies, and courts to such a radical restructuring of society’s power relationships. But Vieira demonstrates in compelling fashion why and how it can be done if Americans still have the will.

One of the most profound parts of the book is its explanation in Chapter One of the present day fallacy of “judicial supremacy,” showing how the Supreme Court is not the ultimate judge of “what the law is.” Congress stands above the Court and may stipulate how the Judges are to interpret the laws. But most importantly, the People stand above Congress, for they are the creators of Congress via the Constitution. WE THE PEOPLE rule in America, not congressional despots and judicial oligarchs.

As the famous eighteenth century jurist, Sir William Blackstone, observed in Commentaries on the Laws of England, “whenever a question arises between the society at large and any magistrate vested with powers originally delegated by that society, it must be decided by the voice of the society itself: there is not upon earth any other tribunal to resort to.”

Thus the salvation of America must come with reassertion of the citizens’ fundamental right to decide the ultimate issues of their lives. Through political techniques such as nullification on the part of juries and state governments the overweening excesses of today’s Federal Government and its bureaucratic thugs can be brought to heel.

It is important to understand that Vieira is NOT proposing “private” Militias, the likes of which we have seen in recent years from racial supremacy groups and neo-Nazi extremists. What Vieira is proposing is the revitalization of governmentally created and legitimized Militia units among the states that our Constitution calls irrevocably for. These will be legislated and regulated by the state governments. They will be official government bodies in all the towns and cities of the land, not rogue factions that operate from wilderness hideouts. The leftist establishment media will, no doubt, attempt to portray Vieira’s plan as the promotion of wilderness wackos reveling in burning crosses and white sheets; but hopefully learned Americans will recognize such smear tactics as the inexcusable liberal vacuity that it is.

Benefits of Militia Restoration

There are so many benefits to such a revitalization. As Vieira writes, “Today, at every level of the federal system, America is woefully unprepared to deal effectively with hurricanes, tornados, floods, earthquakes, and other natural disasters; with major industrial accidents, such as leakages from offshore oil-drilling rigs or meltdowns of nuclear power plants; with epidemics and pandemics; with crop failures and possibly attendant famines; with invasions through the Volkerwanderung of illegal immigration; with economic breakdowns, and in particular a collapse of this country’s monetary and banking systems; and with the myriad threats posed by real terrorism. ‘[W]ell regulated Militia’, however, not only could deal with the consequences of such events, but also could forefend many of them.”

In addition, the Militia can be used to investigate the constitutionality of the laws that they execute, they can supervise honest elections, they can help to repel invasions, they can help local police, they can be very instrumental in defeating the machinations of globalism, etc.

Another crucial point to grasp is that the revitalized Militia will not be in anyway a part of the regular military, nor will they be under the thumb of Congress. This is the way the Constitution established them in the beginning, and this is the way they must be revived. They will be institutions of unity and defense at the state government level. Their revival will begin the vital process of restoring “federalism.”

Owning Guns Not Enough

Vieira explains that the individual right to bear arms as a defense against tyranny will not suffice in and of itself. “For, confronted by usurpers and tyrants deploying ‘standing armies’ and para-militarized police forces, or by hordes of foreign invaders, armed individuals in isolation or in small groups would likely prove feckless.”

In other words, just the right to bear arms is not enough. What is necessary is the establishment of collective, coordinated state Militias. This is why the Second Amendment says, “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

The pre-constitutional colonial and state statutes during the 150 years leading up to 1787, demonstrate irrefutably that Militias organized on the state and local levels were held by the patriots of the era to be vital for the defense of freedom and order in the republic. The modern day is no different; in fact, such institutions are even more vital. Upon this right of individual and local self-defense, there can be no compromise.

Most libertarians and conservatives are aware of the recent testimony in front of Congress by Suzanna Hupp regarding our right to bear arms. She was one of the victims of the tragic Luby’s massacre in Killeen, Texas in 1991 and lost both her parents to the gun-toting madman. She testified to our Washington solons that if she had been allowed to carry the gun she owned in her purse, she would have been able to kill the madman and would have saved numerous lives including her parents.

Then she topped off her heroic testimony with these searing words as she stared Senator Charles Schumer and his imperious cronies right in the eyes: “I am sitting here getting more and more fed up with all of this talk about these pieces of machinery having no legitimate sporting purpose, no legitimate hunting purpose. People, that is not the point of the Second Amendment. The Second Amendment is not about duck hunting….It is about our rights, all of our rights to be able to protect ourselves from all of you guys up there.”

How to Bring About the Revitalization

The Militias of early America in both pre and post Constitution eras were basically compulsory institutions. The states mandated that all able-bodied men were subject to membership and duty. In other words the states had the right to impress citizens into the Militia. This, of course, will not be acceptable to the libertarian community of the modern day. So if the Militias are to be revived, they will have to be voluntarily joined as Independent Militia Companies formed by the state governments. And this is the procedure that Vieira advocates. Independent Militia Companies must spring up under the auspices of the state governments via volunteers.

Vieira goes into detail, however, explaining how the early American viewpoint was that membership in the Militias had to be compulsory, and that eventually they should be formed into such units as Americans are educated in this upcoming century toward their duties as well as their rights in maintaining a free republic. He makes a very passionate case for regaining the “all for one and one for all” spirit that animated early Americans’ willingness to tolerate compulsory membership in their local Militias. Being a political libertarian, I would disagree on this point and rely permanently on voluntary units as the undergirding structure to revitalization. The Militias might not work as efficiently, and their memberships might not be spread as evenly among all citizens, but they will be a lot safer units of government under volunteer recruitment policies.

The Founders understood the power lusting nature of man and the necessity for citizens to be armed and organized at all times as protection from their rulers. Suzanna Hupp understands this. Edwin Vieira understands it. And now we as a people must come to realize it. Our right to bear arms has nothing to do with duck hunting. State Militias have nothing to do with wilderness wackos.

“The struggle that has been thrust upon Americans,” writes Vieira, “is not one to preserve the uniquely American way of life, but to restore it.” The plague of factions and collectivist usurpers have decimated the republic. “Today, the true America exists only as fleeting, dissipating shadows of her former self.”

The Sword and Sovereignty’s message will go a long way toward restoring that resplendent America we lost. It is a profoundly patriotic work of powerful impact that can direct our intelligentsia toward a rediscovery of our real roots. Any thinking man or woman today who fears for America’s survival needs to tackle this book. It is available in CD format at Amazon.
Nelson Hultberg * February 10 2013

Nelson Hultberg is a freelance writer in Dallas, Texas and the Director of Americans for a Free Republic www.afr.org. His articles have appeared in such publications as the Dallas Morning News, The American Conservative, Insight, The Freeman, and Liberty, as well as on numerous Internet sites such as The Daily Bell, Financial Sense, and Safe Haven. He is also the author of The Golden Mean: Libertarian Politics, Conservative Values to be released in March of 2013. Nelson Hultberg also wrote the book which inspired James Jaeger to make the documentary movie “SPOiLER“, which featured Ron Paul, G. Edward Griffin, Pat Buchanan, Chuck Baldwin, Edwin Vieira, and Nelson Hultberg. Nelson’s book is entitled  The Conservative Revolution: Why We Must Form A Third Political Party To Win It.

Email Nelson Hultberg at: nelshultberg@aol.com

<end>

Editor’s Note: Dr. Edwin Vieira, Jr.’s book “The Sword And Sovereignty” is not a paper book, but instead is a CD-ROM pdf. It is available at Amazon dot Com, < here >

At Amazon’s page for this CD-ROM is the following synopsis:

The Sword and Sovereignty: The Constitutional Principles of the Militia of the several States is a comprehensive CD-ROM study-2,304 pages in length, with 6,544 footnotes and endnotes-of the constitutional and statutory history of Americas Militia, which gives special emphasis to the unique and indispensable rôle of the Militia as the institutions through which WE THE PEOPLE themselves ultimately provide, or withhold, the consent of the governed upon which this countrys form of government depends for its legitimacy. The Sword and Sovereignty derives the basic legal and practical principles of the Militia from a detailed study of the pre-constitutional Militia statutes of Rhode Island and Virginia selected, for reasons the book makes clear, as exemplars of what happened throughout America in that era. It explains how these principles are embodied in the Declaration of Independence and the Constitution, and how they should be applied in the operation of Americas true federal system of government-indeed, why it is Congresss and every States duty to see to the organization of, and every Americans personal duty to participate in, the Militia, more imperatively now than ever before. It exposes the dangerous fallacy in the contemporary individual-rights misinterpretation of the Second Amendment, and explains how the Supreme Courts Heller decision reduced Americans right * * * to keep and bear Arms to a level far below what their forebears enjoyed when the Constitution and Bill of Rights were ratified. And it examines ways in which revitalized Militia of the several States could, should, and if they were properly revitalized would deal with many of the most pressing contemporary problems this country faces-such as the correction of rogue public officials the supervision of the the military-industrial complex the conduct of honest elections the provision of an alternative currency, etc.

0

Elias Alias

Editor in Chief for Oath Keepers; Unemployed poet; Lover of Nature and Nature's beauty. Slave to all cats. Reading interests include study of hidden history, classical literature. Concerned Constitutional American. Honorably discharged USMC Viet Nam Veteran. Founder, TheMentalMilitia.Net

Oath Keepers Merchandise

7 comments

  1. Think about it. The Constitution gives Congress the right to maintain a Navy, because it is necessary to keep open the sea lanes and provide for coastal defense but it does NOT allow for a standing Army.

    Article 1/Section 8: To raise and support Armies, but no appropriation of Money to tha Use shall be for a longer term than two years. The individual state militias were to constitute the Army. Their mission was to repel an invasion (not to stage an invasion.)
    Read all of Article 1/Section 8

  2. I disagree with this assumption, “The Militias of early America in both pre and post Constitution eras were basically compulsory institutions. The states mandated that all able-bodied men were subject to membership and duty. In other words the states had the right to impress citizens into the Militia.”

    Both the states and the federal government had the right to CALL OUT the Militia when they were needed. The US Constitution requires the militia to be created by us, and we can train ourselves in (very) basic ways, but it also requires the states to train the Militia in the ways of the military as required by congress. The Militia is NOT under the control of the states or the federal government EXCEPT when called into action. It is under OUR control most of the time so that if needed we can defend ourselves, our property, our counties, our states, our nation from those who serve within our governments. That is the explicit reason the framers went with the militia.

    Alexander Hamilton, The Federalist Papers 28: “The militia is a voluntary force not associated or under the control of the States except when called out; [when called into actual service] a permanent or long standing force would be entirely different in make-up and call.”

    Thomas Cooley: “The right is general. It may be supposed from the phraseology of this provision that the right to keep and bear arms was only guaranteed to the militia; but this would be an interpretation not warranted by the intent. The militia, as has been explained elsewhere, consists of those persons who, under the law, are liable to the performance of military duty, and are officered and enrolled for service when called upon…”

    Black’s Law Dictionary, 3rd Edition: “The body of citizens in a state, enrolled for discipline as a military force, but not engaged in actual service except in emergencies, as distinguished from regular troops or a standing army.”

    The Preamble to the US Constitution; starts with; “We the People of the United States do ordain and establish this Constitution” and by those words it is saying that “We the People” are the source of any and all lawful/legal status of the state and federal governments.

    Tench Coxe: “Who are the militia? are they not ourselves. Is it feared, then, that we shall turn our arms each man against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American… The unlimited power of the sword is not in the hands of either the federal or state governments but, where I trust in God it will ever remain, in the hands of the people.”

    Nunn vs. State: ‘The right of the people to keep and bear arms shall not be infringed.’ The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right”.

    Why this regarding children, “all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State”, if we are not to start our training of the Militias ourselves? Is that not what that means?

    What about this?
    John Norton Pomeroy: “The object of this clause [the right of the people to keep and bear arms] is to secure a well-armed militia…. But a militia would be useless unless the citizens were enabled to exercise themselves in the use of warlike weapons. To preserve this privilege, and to secure to the people the ability to oppose themselves in military force against the usurpations of government, as well as against enemies from without, that government is forbidden by any law or proceeding to invade or destroy the right to keep and bear arms.”

    Regarding this: “… a militia would be useless unless the citizens were enabled to exercise themselves in the use of warlike weapons”; to me it is saying we train ourselves as much as possible and then the states finish off the training with military instruction.

    US Constitution, Article 1, Section 8, Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel invasions.”

    This clause is very straightforward. The militia of each state is taxed with the defense of the USA and her people, not just with the defense of their state; and they are to be armed with weapons that can repel any invasions bearing modern weapons of war. Congress is required to provide those military grade weapons for the militias.

    Clause 16: “To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, RESERVING TO THE STATES RESPECTIVELY, THE APPOINTMENT OF THE OFFICERS, AND THE AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS”.

    “RESERVING TO THE STATES RESPECTIVELY, THE APPOINTMENT OF THE OFFICERS, AND THE AUTHORITY OF TRAINING THE MILITIA ACCORDING TO THE DISCIPLINE PRESCRIBED BY CONGRESS”

    Breaking this portion down it says that the states appoint the officers and train them as congress requires the Military to be trained.

    Webster’s 1823 Dictionary

    “Organizing”: OR’GANIZING, participle present tense Constructing with suitable organs; reducing to system in order to produce united action to one end.

    “Arming”: ‘ARMING, participle present tense Equipping with arms; providing with the means of defense or attack; also, preparing for resistance in a moral sense.

    “Disciplining”: DISCIPLINING, participle passive Instructing; educating; subjecting to order and subordination; correcting; chastising; admonishing; punishing.

    “Governing”: GOV’ERNING, pr. Directing; controlling; regulating by laws or edicts; managing; influencing; restraining.
    1. Holding the superiority; prevalent; as a governing wind; a governing party n a state.
    2. Directing; controlling; as a governing motive

    “Militia” : MILI’TIA, noun [Latin from miles, a soldier; Gr. war, to fight, combat, contention. The primary sense of fighting is to strive, struggle, drive, or to strike, to beat, Eng. moil, Latin molior; Heb. to labor or toil.] The body of soldiers in a state enrolled for discipline, but not engaged in actual service except in emergencies; as distinguished from regular troops, whose sole occupation is war or military service. The militia of a country are the able bodied men organized into companies, regiments and brigades, with officers of all grades, and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations.

    Richard Henry Lee: “The constitution ought to secure a genuine militia and guard against a select militia. …. all regulations tending to render this general militia useless and defenseless, by establishing select corps of militia, or distinct bodies of military men, not having permanent interests and attachments to the community ought to be avoided”.

    James Madison: An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government.

  3. Mr. Nultberg

    Thank you for sharing this insightful article. The reinstitution of state militias is a great concept; however you will ferment much opposition. In that, the state of consciousness in America has changed dramatically. Over the years, the view and support for the U.S. Constitution has dwindled.

    The first issue that has greatly affected constitutional patriotism is multiculturalism. As we have seen in the past year, amnesty for illegal immigrants shows that the U.S. has become more diverse and many only see America as a silver spoon and have no value in our constitutional system. Illegal immigrants come here only for the great life and opportunity that America offers and are not educated in the history.

    Amnesty for illegal immigrants seems to not include the requirements outlined in our immigration policy to become a U.S. citizen which includes the ability to read, write and speak English, knowledge of government and the U.S. Constitution to name a few; instead, they are promised free citizenship, jobs and benefits to include Obama care.

    Second, our educational system is riddled with liberal educators that indoctrinate our children into to a socialist/communist ideology. For example, my daughter had an assignment on how laws and government operate. Upon reviewing her work, I was astounded to read that she wrote “The President of the United States writes all laws and Congress helps the president to pay for them.” I sat my daughter down as I thought she made a legitimate mistake. Unfortunately, she argued that is what she was taught in school. I let it go to see what type of grade she would get and again to my amazement she received an “A”. I sat my daughter down again and corrected the situation and also addressed the issue with the school and the school board, but I digress.

    As we all know, there is a paradigm shift going on in this country to eviscerate the U.S. Constitution. What better way to accomplish this without firing a shot but internally.

    Based on the aforementioned, it is in this opinion that support for the reinstitution of state militia’s will fall upon deaf ears as the public support for any constitutional state militia will be met with fierce resistance at the state and federal levels. The culture of political correctness has stalemated our elected leaders into fear and possibly suffering the consequences at election time thus, see this effort as moot.

    Respectfully,

    Misfit

    1. Misfit, thank you for a very astute commentary. We will certainly be hard pressed to restore the Militias as well as the Republic as well as sanity in this country in the upcoming years. Our nation is in freefall, morally, culturally, and politically. But that should not mean we don’t try to save her. Is it not better to fight honorably and lose than to never fight at all. The worst thing we can do is to let the oligarchs and tyrants win by default and send the world into a thousand year “dark ages.” If we fight to restore the Republic and we lose, then so be it; but let us, at least, fight. And in order to galvanize the people to fight, we must preach optimism rather than cynicism.

      We at AFR have launched a revolutionary plan to peacefully take back the country through the political process starting in 2016. A brief introduction to our plan (4-pgs) can be found at Salvation of America: http://afr.org/salvation-of-america/

      It is a preview of our National Independent Report, which explains in detail how we intend to proceed to break the Democrat-Republican monolith. See the plan at: http://afr.org/wp-content/uploads/reports/NI-Report.pdf

      Here is some commentary on our plan:

      “This is brilliant and galvanizing; it can change history.” – James T. Bennett, Professor of Economics, George Mason University.

      “Hultberg’s arguments are well reasoned and merit our most serious consideration.” – George W. Carey, Professor of Government, Georgetown University.

      “The impossible happens quite often in politics. Nobody expected the fall of the Soviet Union or the Crash of 2008. And no-one expects the current partisan oligopoly, the Demopublicans, to break up. But Nelson Hultberg explains how we can make it happen and why it should happen. He also integrates immigration and national identity into a powerful critique of today’s open border policies.” – Peter Brimelow, Founder of VDARE, author of Alien Nation.

      “The vision of Mr. Hultberg is breathtaking. He shows us a way to reverse the historical tide of collectivism.” – Antal E. Fekete, Professor Emeritus, Memorial University, Newfoundland, Canada.

Comments are closed.