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To: Uncle Jaque

“Of course, after the Civil War, the Federal Gov't. seems to have reconsidered the idea of relative local / State military autonomy, and that was pretty much the end of the "Militia" system as a serious tactical element in America. By the mid 1890s the "Militia" became "National Guard", subject to federalization.”

Historically and legally inaccurate. Too many errors to cover in detail so here are the bullets

1.The courts have recognized the existence of the Militia without exception, since the civil war. From Presser v Illinois – 1879

“It is undoubtedly true that all citizens capable of bearing
arms constitute the reserved military force or reserve militia of the United States as well as of the States, and in view of this prerogative of the general government, as well as of its general powers, the States cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and earing arms, so as to deprive the United States of their rightful
resource for maintaining the public security, and disable the people from performing their duty to the general government.”

2. The reserve militia of the United States is a concept and legal construct completely separate from the National Guard. The idea the one morphed into the other is a liberal construct not backed by legislation or legal decision.


41 posted on 02/27/2006 9:10:47 AM PST by Jim Verdolini (We had it all, but the RINOs stalked the land and everything they touched was as dung and ashes!)
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To: Jim Verdolini; 8mmMauser

Thanks for the update, Jim.

I am pretty much aware of the legal "technical" case for the existance of "Militia" per se, and there seems to actually be a few of them organized and active here and there.

Perhaps I should have predicated my remarks with "for all intents and purposes".

Local Militias used to be logisticaly supported by the War Department (now the DOD) - for one thing, with "obsolete" military weapons and ammunition.

I have perused Adjutant General's records in the State House Archives documenting the issue of Springfield .45-70 "Trapdoor" Cadet rifles including bayonets to several Maine community Militias, including the "Yarmouth Rifles" from my home town. At the time, the single-shot breech loading rifle had been replaced in the Regular Military with the M-1893 KRAG .30-40 magazine fed bolt-action repeater.

Apparently tents, accouterments and such were also available as needed by requisition from the State Arsenal.

Every summer several Militias would gather for a County or state muster - at least one place was Deering Oaks Park in Portland, where they drilled and had "Sham Battles" with one another (sort of like reenacting).
Yarmouth usually took on the "Portland Blues".

Shooting competition was popular as well, and at least one "Turkey shoot" is documented.

Unfortunately, the custom seems to have died out in the mid 1890s, and many - including the Yarmouth Rifles - disbanded.

At about the last State Muster held in Augusta on the hill where the airport is now located, most of the Militiamen used the occasion to get roaring drunk, and as one of the frustrated Officers complained to the AG, "completely unmanageable".

Needless to say, Citizens were not fond of the idea of men running around armed to the teeth while jovially plastered, so the whole system essentially folded, leaving the NG to fill whatever practical, tactical void the Militia had left.

Which by that time, wasn't much.

Apparently this was essentially the case Nationwide, and I get the impression that Great White Father (and all his bureaucrat Cousins and Uncles) in Washington was not the least bit heartbroken over it.

If anybody is aware of the Federal or any State Government encouraging, equipping, or otherwise supporting a local Militia, I would be interested in knowing about it.

According to the 1870s standard, "organized" Militia units should currently be ISSUED at least M-14 select fire rifles, M-60 machine guns and mortars (one each per Squad) and a battery of 155mm howitzers per State.

Heck; throw in a tank or two!
Got any spare HU-1D choppers, BTW?

Suffient ammo, fuel, spare parts, rations and such to allow for regular training and to have on hand for emergencies.

I don't see that happening around here much, do you?

So yes; Militias may be "allowed" or given "permission" (albeit somewhat reluctantly, it seems) by law - but those that do actually try to revive the system get a lot more suspicious scrutiny from de gub'mint than support, I opine.

And it's a pretty far jump from "permission" to "support".

It sure ain't like it useta be.


50 posted on 02/27/2006 9:56:40 AM PST by Uncle Jaque (Club Freedom; Dues: Vigilance.)
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