Americans suffer from a political disability. They no longer understand the intent of the most fundamental organs of our government. If you as the typical American ask what a militia is, they will tell likely you that it is a group of people playing army in the woods. Or even worse, they will tell that it is people organizing to fight the government. If you ask them how a militia is formed, they will reply that someone just gets a bunch of friends to follow them. Appoints himself as leader and others as subordinate officers. All of this seems to proceed out of a mythology surrounding the American War for Independence.
There is an idea that local leaders simply decided to form militia companies, and other local people fell in behind them. Then they all just marched off to fight the British. Nothing could be further from the truth.
Colonial militias were part of the American tapestry from its earliest settlements. The were not graced with large military establishments, and therefore, had to establish military self defense under the instruction of the military officers that accompanied them. Nearly all of the men who became the officers in the State militias and Continental Army had been officers in their respective State militias: John Langdon, John Sullivan, Paul Revere, Samuel Adams, and … George Washington had all been colonial militia officers. In fact, militias, were in a fixture in Great Britain for the purpose of repelling invasions.
At the time of the War for Independence, about half of the colonial militias sided with the British and half with Colonists. Probably the best example of this was Robert Rogers, hero of the French and Indian War, a Colonel in the New Hampshire colonial militia, sided with the British in the War for Independence. Anyone who has watch the serial Turn would know the story of Rogers in the War for Independence.
One of the most fundamental characteristics of British and American military is that they are not establishments unto themselves, but they are always subordinate to the civilian government. A self organized militia would not be following this model. The New Hampshire Constitution of 1776 clear states: “That general and field officers of the militia, on any vacancy, be appointed by the two houses, and all inferior officers be chosen by the respective companies.” The militia statute goes on to say: “Provided always. That the said General and all other Officers of said Militia shall at all Times be under the Command of the Council and Representatives, …” At the time there was no independent chief executive, but a House of Representatives, which elected an upper House, the Executive Council, which in turn elected a President who subject to the two Houses was the chief executive. When the Legislature (Representatives and Council) were not in session their powers were exercise by the Committee of Safety which would have commanded the militia.
Since 1784 we have enjoyed the Bill of Rights (Part 1). That Bill of Rights contains the following (article titles have been removed where they do not actually exist):
- [Art.] 24. A well regulated militia is the proper, natural, and sure defense, of a State. June 2, 1784
- [Art.] 25. Standing armies are dangerous to liberty, and ought not to be raised, or kept up, without the consent of the Legislature. June 2, 1784
- [Art.] 26. In all cases, and at all times, the military ought to be under strict subordination to, and governed by, the civil power. June 2, 1784
- [Art.] 27. [Quartering of Soldiers.] No soldier in time of peace, shall be quartered in any house, without the consent of the owner; and in time of war, such quarters ought not to be made but by the civil authorities in a manner ordained by the Legislature. June 2, 1784 Amended in 1980 substituting “authorities” for “magistrate.”
The sentiment in Article 24 is echoed in the Second Amendment to the Constitution for the United States, “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 laws enacted by the people who wrote these words created forces comprised of every male over the age of 16 in the State, except conscientious objectors. Every adult male was in the Training Band, unless they were over 60, in an exempt profession or disables; in which case they were in the Alarm List. In all cases each and everyone one was required to own a musket with a bayonet (a military grade weapon), and to keep a specified number of cartouches (the formal name for a shot gun shell) as well as additional shot and powder, as well as the accouterments of a soldier. In 1784, the law was amended changed dropping the age to 40, changing musket to rifle, (the current military technology) and increasing the number of cartouches. In short every member of the community was required by law to own military grade weapons and kit. This was the militia. Families were required to equip their sons. Tradesmen were required to equip their apprentices. Widows head of household were require to equip their hired hands. If any man was unable to equip himself, the town was required to do so, to be paid back over time and any man who destroyed his equipment was liable to flogging.
As we saw, in 1776 the Officers Commissions, were given by the Legislature, and the militia was under the command of the Legislature, specifically the Committee of Safety, which was the executive committee of the Legislature headed by the President of the Executive Council, the upper body of the Legislature. In 1784, the commissioning of the Officers was given to the President (now Governor) and Executive Council, and the command was given to the President. In no case did the militia exist outside of the control of the elected civil government.
Today the role of the militia by federal statute rests in State Defense Forces, and they are often coined State Guards. A total of about 24 States maintain active State Guards including Massachusetts, New York and Vermont. Current New Hampshire Statutes (RSA 111) defines the State Guard. The Governor has the power at all times to Constitute a Cadre of Officers (the core command structure). The Governor also has the power constitute the State Guard when any element of the National Guard is out of the State.
In light of all these facts, I ask the following question: What does it mean that that Article 24, “A well regulated militia is the proper, natural, and sure defense, of a State.” is in the Bill of Rights, the rights of the people relative to the government. That pursuant to this Article, the Legislature wrote laws requiring every adult male of the State to be a member of the militia, to be equipped the in the same manner and degree as member of the regular army, and to train together on a quarterly basis.
I submit to you, that there is a constitutional obligation of the government the State(s), the Legislature and the Governor, to organize the people into an armed force, personally equipped as well as the regular army with their own weapons and accouterments, for their common protection and defense from dangers natural and man-made.
This is even more important from a Lockean perspective of the right of property, the right to defend life, liberty and estate. That government is founded in consent and derives its just powers from the people. That it can hold no power that the people do not originally hold individually and have delegated to it. The militia is the corporate exercise of self-defense. That when the Legislative power violates the compact by which the people have created it, the people have the right and the duty to reform or replace that Legislative power. These are the sentiments expressed in the English Bill of Rights in 1689; The New Hampshire Constitution of the State of New Hampshire, January 1776; and the Declaration of Independence, July 1776. If the people are not organized and regulated to enforce the defense of their liberty then preceding is meaningless.
Hon. Daniel C. Itse
New Hampshire State Representative,
Rockingham County, District 10, Fremont
(603) 702-0381
If the people are the defense of the State, the State cannot practice tyranny upon the people.
Dan Itse is available to speak to churches and civic groups.