Where is the Authority for Militias?by Gregory Allan
This nineteenth day of the tenth month, in the year of Our Lord Jesus, the Christ, nineteen hundred ninety-six.
This is not just a casual curiosity. Since October of 1994, I've been a member of the Michigan Militia, Wolverines. During most of this time, I've commanded the Second Brigade in Lake county. Being a lawful Christian, I believe it is important that my actions are lawful and just. Therefore I have given much thought and study to this subject, which I would now like to share.
Militias have existed since the beginning of time, and are well documented throughout the history of America. Although most people have thought militias to be a thing of the past, militias have been with us all along, waiting unseen in the background.
In the last few years many new militias have been formed, and almost every day there is some mention of a militia in the news. The recent information expansion has contributed to this in several ways. Just as news of any plane crash, no matter how far away, is printed in every paper across the country, news of militias sells a lot of newspapers.
Copy machines, fax machines, and now the internet contribute to news about militias. These new technologies are difficult, if not impossible for the governments to control. A greater measure of the truth is now conveyed to the public than ever before.
One of the few things that gets more press coverage than militias these days, is political graft and corruption. Is it any wonder that membership in militias is swelling, as people lose faith in the integrity of government? While the government controlled press does its best to make people fear militias, government agencies such as the highway patrols, IRS, BATF, and scores of other alphabet soup agencies see to it that people fear government more. The press paints militia members as anti-government, but each day it becomes plain to a growing majority that it is the elected officials who are anti-lawful-government; the militias are in favor of lawful government, and the removal of corrupt officials.
Are militias lawful?
If militias are to gain respect amongst the people, they must do more than just act lawfully, and help their neighbors. Like it or not , they must be able to justify their existence within the law. Militia members have gathered many references and quotes from historical documents which they believe justify the existence of the militias. I have read these references, and I agree that militias can be lawful. But I've always had a nagging doubt as to whether the many militias of which I have written above, including the one of which I am a member, has been lawfully formed.
Everything I've seen regarding the militias and how they are viewed in law indicate that militias are subject to the civil authority. There are good reasons for this, chief among them the safety of the people, by assuring that the militias do not usurp authority not delegated to them. But what about those who say that militias are formed to assure that the governments do not usurp authority they do not have? These people will tell you that the militias cannot possibly submit to unlawful de facto governments, for that would defeat their very reason for existence.
Governments and militias exist through authority delegated by the People. Those who claim that militias were replaced by the National Guard must reckon with Article I, Section I of the constitutions for most states, including Michigan: "All political power is inherent in the People."
Who are the People?
To answer that question, we must first understand that all governments, from township to county, state to national; even private families, are jural societies. The citizens of those governments, are their members. Black's Law Dictionary, sixth edition, defines jural society as, ". . . used as a synonym of state or organized political community."
All governments in some way provide for a protective (and enforcement) arm, which interacts with their citizens. If a small local society, like a township, has no constable of its own, the county sheriff fills that void by consent of the local citizens. If that township or village is not satisfied with the actions of the sheriff, its alternative is to hire its own constable. When this happens, the constable may prohibit the sheriff from exercising any authority within the constable's jurisdiction.
That happened earlier this year in the Village of Luther, right here in Lake county. The village council hired a constable, and ordered the sheriff and his deputies to stay out, which they do, unless invited in by the constable, or the village council.
This concept, which is sometimes called "home rule", has its foundations in the common law upon which the American colonies were organized, and is recognized by the laws of Michigan, and most other jural societies. For example, a computer search of Michigan Compiled Laws Annotated for the phrase "home rule", returns four hundred thirty-nine references.
If my reasoning is correct thus far, then we can see that it is lawful for the citizens of any jural society to provide for its own protection. Black's Law Dictionary, sixth edition defines "militia" as, "The body of citizens in a state (read jural society), 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."
If we can trust this definition, then the members of today's militias must be citizens of some jural society. Are they? If so, then which one?
Most of the militia members I know, would never claim to be a citizen of the de facto (unlawful; force without authority) societies. Many claim to be citizens of a de jure (lawful) state, such as Michigan state, as opposed to State of Michigan, but as yet none of these people have been able to identify the officers of these alleged states, or demonstrate proof of such a state's existence. Others do not recognize any difference between state and State, and will even claim to be U.S. Citizens, thereby stating that they are residents (slaves) of the District of Columbia, or one of its possessions.
If militia members cannot even agree upon which jural society they are a part of, then how can their militia fall within the definition of a lawful militia? Two neighbors with a private agreement to protect each other's property is one thing, and may be easily viewed as lawful. A scattered group of dissidents, with no law common between them, who carry guns, assign ranks for officers, and meet for the purpose of discussing alleged conspiracies, is quite another. Such a group may easily be construed as a band of thugs, or worse.
Speaking from experience, I know that most militias in America have been formed by good Christians, who have only the intention of protecting their families from government gone criminal. How can these good people lawfully organize together to protect themselves, and avoid being branded as thugs?
Enter the Christian Jural Societies
The early American colonies, as well as all governments, were jural societies. Most of the the colonies were based upon Christian Scriptural Law and were, therefore, Christian jural societies. Until recently, this concept had been forgotten. "The first modern Christian jural society was formed in the back of a printers' shop in 1994, in Los Angeles, California, and is known as The First House of Delegates. It was started by about forty men and women who experienced the usual difficulties of starting from scratch, but, there was enough early progress to maintain interest. . . . as of December '95, thirty-two of fifty-eight California counties had formed pro tem jural societies with five others in a preliminary stage. Tulare county has already held its first lawful public election of officers and is now the only de jure form of government in California. By June of 1996, it was estimated that there were approximately three hundred Christian Jural Societies in thirty-two states." 1
Christian Jural Societies have taken the law reform movement by storm. The Christian Jural Society Press now has a handbook called The Book of the Hundreds, which contains a turn-key manual on the how-to of starting a Christian Jural Society from the ground up.
As shown in The Book of the Hundreds, Christian Jural Societies become lawful political bodies by defining their law (the Holy Scriptures), setting qualifications for members (Christians, not registered to vote in the de facto governments), and then holding public elections.
In America, the offices of constable and sheriff are traditionally elected. Since those offices hold extraordinary powers, there is a high potential for abuse of those powers. The oath of office binds the office holders to the will of the citizens, but it is the public election that is a regular barometer of public satisfaction.
Public elections are the most important part of becoming a lawful jural society. Just as all governments have offices filled by its citizens, a Christian Jural Society establishes offices and fills them from its citizens, or members. Membership must be open to anyone who meets the qualifications set by the society, and who wishes to become a member. Elections are published well in advance, so that notice is given to all who may be concerned.
In a lawful jural society there is no such thing as a secret ballot. Satan, the father of lies, is famous for keeping secrets. God does everything in the open, and so should we. Results of elections are published with the names of all the electors, and how each one voted.
Who votes for Militia Commanders?
In most militia brigades, and particularly in the Michigan Wolverines, the members elect their commander by popular vote. As stated above, the brigade members are made up of people from a varied cross-section of the community. They are not members of the same jural society, they do not all claim a common law, and the elections are not published outside of the individual brigade publications. Given what we have learned, does the militia commander hold any lawful office? I believe the answer is no. The office of militia commander can only have significance within the militia organization, much like a private club.
The time has come for the militias and the law reform people to come together. Last month I attended an informal council meeting with most of Michigan's militia and law reform leaders present. Those attending resolved to use their influence, "To provide for the support and common defense of the groups represented by those present, and to establish an efficient means of communication between said groups, for the purpose of re-establishing self-government."
I believe that the best means of achieving that goal is to begin immediately forming Christian Jural Societies throughout Michigan, and the rest of America.
Who will command the militias?
Christian Jural Societies, as with any other state, will naturally require militias. How those militias will be organized and controlled must be necessarily left up to each society. If a society chooses to follow historical precedent, then it might elect a chairman or president. That office would, during times of emergency, be the commander-in-chief over the militia for the society. The elected constable would be the executive officer for the brigade, and would be responsible for most of the brigade's daily functions. Elections held publicly will confer lawful authority upon those offices.
As with any state, most citizens of these jural societies may be called upon to participate in the militia if necessary. These citizens may then be deputized by the elected authorities in their state, and carry lawful authority if called into service. Regular training will continue as it does now, to prepare for any possible contingencies.
Organizations like the Wolverines, will remain much as they are now: essentially, clubs organized for the purpose of educating people in the arts of defense. Treaties may be made amongst jural societies for the common defense, and through those treaties the societies may well choose to preserve the Wolverine's command structure. Membership will be made up of elected officers, and deputies. These organizations will be heavily relied upon by the elected officers of each society, who will be grateful for the training mechanisms already created and maintained.
Public relations is very important to militias, and law reform movements alike. We all know how important it is to wake our neighbors from their slumber. Every militia member I know has spent a lot of time recruiting. "When we have the aid of the majority and the enemy loses its federations, . . . [t]he enemy will frighten and be unsure of how to defend." 2
Militias are an easy target for the media. It is very easy to convince the uninformed, that a group of people in camouflage, carrying guns, may be dangerous. Once convinced of this, most people have little interest in what a militia member might have to say.
Jural societies are much harder to slander. When they are lawfully created, there is little or nothing that can be said about them which will do more than make the public curious. More importantly, the jural societies can give lawful covering to the militias, which must survive in order to give the people of those societies covering in times of emergency.
Those of us who are members of the several militias know that the state of world affairs is seriously bad. I believe that the plan outlined herein is the best course of action available. Only with God's help will we prevail, and His help comes only to those who follow His law.
Everyone who is as enthusiastic about this idea as I am should begin by obtaining a copy of the Book of the Hundreds. Send a postal money order for forty-dollars, to:
c/o General Delivery
Canoga Park Post Office
Canoga Park, California
c/o General Delivery
Tustin Post Office
May God Bless us all, and grant us the wisdom to see His truth.
(Isaiah 33:22) For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; he will save us.
Copyright 1996, 2014, by Gregory Allan; All rights reserved.