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View Full Version : I find this interesting - Militia Act of 1792


Wiz-of-Awd
07-27-2012, 10:05 AM
http://constitution.org/mil/mil_act_1792.htm

This section in particular...

"Sec. 2. And be it further enacted, That whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session."

A.W.D.

Librarian
07-27-2012, 12:56 PM
Historical interest only. Superseded by the Dick Act of 1903 (http://en.wikipedia.org/wiki/Militia_Act_of_1903), that created the National Guard, and the similar power of the president over the NG is in that act - and that power and that of the militia clauses of the Constitution were confirmed/expanded by Perpich v DOD (http://en.wikipedia.org/wiki/Perpich_v._Department_of_Defense).

SonoftheRepublic
07-27-2012, 5:05 PM
I present the following as examples of interesting quotes that would give insight into the founders concept of the true meaning of Militia and the sacredness of individual liberties.

1. Elbridge Gerry, a representative to Congress from Massachusetts during the debates over the Bill of Rights:

“What, Sir, is the use of a (CITIZENS) MILITIA?
It is to prevent the establishment of a standing army, the BANE of LIBERTY …
Whenever Governments mean to invade the rights and liberties of the people, they ALWAYS attempt to destroy the MILITIA, in order to raise an army upon their ruins.”

2. President George Washington presented his mistrust in the federal government very clearly and defined the true intent where the powers should lay, and that is in the hands of the civilians.

In response to a proposal for gun registration George Washington in 1790 said: “Absolutely NOT. If the people are armed and the “federalists” DO NOT KNOW WHERE THE ARMS ARE, there can NEVER be an oppressive government.”

The RIGHT TO CONCEAL from the federal government; The PURPOSE clearly stated to have the power to put down an oppressive federal government. This is clearly in line with the 12th Grievance of the Declaration of Independence. This defines the INTENT of the 2nd Amendment and the intent of the Founders.

3. James Madison:
“The HIGHEST number to which a standing army can be carried in any country does not exceed one hundredth part of the souls, or one twenty-fifth (1/25th) part of the number able to bear arms. This portion would NOT yield, in the United States, an army of more than twenty-five or thirty thousand men. To “these” would be “OPPOSED” (APP: indicating the “MILITIA” is a “OPPOSING FORCE” to the standing army & foreign enemies) a MILITIA amounting to near half a million “CITIZENS” with arms in their HANDS, “officered by men chosen from “among THEMSELVES”, (not by government or the standing army) fighting for “their” (the citizen / militia’s) common liberties and united and conducted by government”S” possessing their (the citizen / militia’s) affections and confidence. It may well be doubted whether a (CITIZEN MILITIA THUS CIRCUMSTANCED could ever be conquered by such a “proportion” of REGULAR TROOPS…”

4. Absolute Rights of the Colonists 1772

Samuel Adams:
“All Persons are entitled to all the “natural essential, inherent & inseperable Rights Liberties & Privileges”; Among those Rights; which NO men or body of men can for themselves give up, or take away from others. 1st: Establishing the legislative power & preservation of the Society.” 2nd: The Legislative has no right to absolute arbitrary power over the lives and fortunes of the people: “The Legislative cannot rule by extempore arbitrary decrees; Justice dispensed, rights decided, by promulgated, standing and “known” laws; ONE rule of Justice for rich and poor; favorite in Court, and Countryman at the Plow.” 3rd: “Supreme power cannot take from ANY man, ANY PART of his property without “HIS CONSENT”, in PERSON “OR BY HIS REPRESENTATIVE”.–” These are some of the FIRST PRINCIPLES of natural law & Justice, and the GREAT BARRIERS OF ALL FREE STATES” …”