Storm Clouds Gathering: Bundy Ranch – What You’re Not Being Told

In this we're going to present you with evidence of blatant corruption and criminal activities that anyone, including law enforcement, can easily verify.

But before we go into the details, it's important to acknowledge here, that the political left and the political right are watching this crisis through very different eyes. You on the left saw this old rancher defying the Federal government over cattle grazing fees, with right wing pundits pleading his case, and armed militia moving in to intervene... it probably gave you the impression of Tea Party temper tantrum... with guns. Given some of the personalities who were involved in the media circus surrounding this, that impression is perfectly understandable, but underneath the appearances there is something here that all Americans need to see, whether they consider themselves conservative, liberal or none of the above.

All I ask is that you suspend your preconceived notions of what this crisis was about, for five minutes.

That depends upon the decisions and statements of the duly-elected representatives of the county -AND- whether or not, in lieu of the existing, let’s say county commissioners, does a duly-elected Committee of Safety exist in their stead?

Such a Committee of Safety may exist there, but remains out of the news?

There is a basic principle in our law, that civilian authority trumps the exercise of power and moreso trumps the exercise of martial power. We rely on that principle, for our duly-elected representatives to outrank members of our military and to outrank police powers as well.

Thereby, you, as a duly-elected civilian in charge of an office of government that contains a department of military and/or department of police powers, have the *civilian authority* to remove from position the agents and officials of those departments ... and your decision is final, there is no appeal for some “civil servant” when they serve in a capacity of exercising forceful power.

In short, the people, here, are sovereign, intead of some arrogant class in robes and uniforms and/or some groups of armed people exercising martial power without the authorization of duly-elected civilian authority.

The actions taken at the Bundy Ranch may very well be in compliance with the public’s trust ... because of the sentiments of the public ... but officially, it is much better that the public’s sentiment be known and be reflected in the decisions of the existing duly-elected representatives, and if not them, then at the minimum, by a duly-elected Committee of Safety.

If no such civilian authority gives the approval for the exercise of martial power, then the volunteers who show, are as civilians exercising as you would when attempting to help a neighbor ... and the common law applies ... and basically you are attempting to enforce the law.

Let us say, that thankfully no shots are fired, but a group of volunteers apprehended some of the BLM agents during some mixup that could have occurred last Saturday. The volunteers would be affecting citizens arrests and detaining the BLM agents to be handed over -safely- to the local sheriff. It is very important that the volunteers carefully document their actions, effectively as spur-of-the-moment volunteer deputies.

In our country, the people have the right to muster and drill. The people have the right to petition our duly-elected representatives to Order the Muster in expectation that the Militia may exercise martial power for the common safety. The people have the right to petition our duly-elected representatives to appoint from among the members (or all of) the Militia, deputies to enforce the laws and/or reinforce an organization of law enforcement ... or utterly replace an organization of law enforcement.

It’s all up to the people, thru their duly-elected representatives.

That is how we respect adherence to the public trust; and it is what our Founding Fathers both respected and wished for us, should necessity come.

That the Militia are answerable to civilian authority is older than the country. Author David Hackett Fischer goes deeper into the details on the Militia, in the immediate time frame of the Battle at Lexington, in 1775, in his book, Paul Revere’s Ride. [See Chapter “The Muster - The Rising of the Militia,” pg. 149.]

Since the formation of the United States from the “united states” in the American Revolution, the level of federal burden or tyranny must affect enough people in a community or State, to compel their elected officials to authorize the Militia to muster for the common defense.

A “well regulated Militia,” that is, “well trained to Arms,” was an expectation that, when so trained, the Militia’s “military discipline” would lend this assembly of able-bodied men to respond to its civilian authorities -— the body of elected law-makers -— the lawful authority to apply force.

Our burden -— seeing as how the socialists certainly do not think it is their burden -— is to make good law [through our duly-chosen representatives] and make it work, and to remind both our neighbors and government of the limits on government.

If we do not understand the Founding Fathers’ and Framers’ original intent in the construction of our Constitution, nor understand that government’s powers are limited by the process of enumerating such powers -— that is, listing such powers -— then our burden is much greater.

These burdens must be addressed, whether or not armed force stikes one as being some sort of solution at this time.

. . .

I do not have readily available, a list of sources. Some are books deep inside an old footlocker. IIRC, the National Rifle Association has a collection of small booklets re the history of the militia. The NRA’s ILA Research & Information Division has a very long list of sources.

From some notes that I found ...

- - -

Military Obligation: The American Tradition. A Compilation of the Enactments of Compulsion From the Earliest Settlements of the Original Thirteen Colonies in 1607 Through the Articles of Confederation, 1789. Compiled by Arthur Vollmer. Volume II of United States Selective Service System, Special Monograph No. 1: Backgrounds of Selective Service. 14 parts. Washington, 1947.

Gleeson, Paul F. “The Newport Light Infantry.” Rhode Island Historical Society, Collections, 33 (1940), 1-13.

Cole, David William. “The Organization and Administration of the South Carolina Militia System, 1670-1783,” Unpublished Ph.D. Dissertation, University of South Carolina, 1953.

Minutes of the Albany Committee of Correspondence, 1775-1778. Edited by James Sullivan. 2 volumes. Albany, 1923-1925.

Burn, Richard. The Justice of the Peace, and Parish Officer. 4 volumes. 13th edition. London, 1776. [1st edition, 1754].

Howard, Simeon. A Sermon Preached To the Ancient and Honorable Artillery-Company, in Boston, New-England, June 7th, 1773. Being the Anniversary of the Election of Officers. Boston, 1773.

Dalton, Michael. Officium Vicecomitum. The Office and Authority of Sheriffs: Gathered Out of the Statutes, and Books of the Common Laws of this Kingdom. London, 1682.

Lambarde, William. The Duties of Constables, Borsholders, Tithing-men, and such other Low Ministers of the Peace. London, 1583.

- - -

Those are examples of sources that can be found, pertaining to the history of the militia and the history of the sheriff “of the peace.”

Please do not think that I’ve read all those; they are examples of the biblio from what I have read; I just scrounged them up quickly, so you would have an idea of the extent and types of sources.

A revision of what I wrote in 2006, here at FR, in response to President Bush's condescending remarks and characterization of Americans as "vigilantes." He was demeaning and apparently intending to discourage the citizens arrests of illegal aliens.

To the contrary, you being vigilant, does not make you a "vigilante" as in some ruffian beating up people; to the contrary, you being vigilant, is one of the reasons we have so many great volunteers mindful of our civic duty to help our neighbors.

Americans have much soverign authority, and we may affect a citizens arrest, but it is not easy. Most of the time, the citizens affecting the arrest make mistakes which may be overlooked by the courts because the citizens intent to uphold the law and get the job done well enough, has "saved the day" and usually somebody's life.

To affect a citizen's arrest, the lawful procedures are nearly the same as they are for a "law enforcement officer."

You do have to read the perp his rights. You must take an audit of the perp's physical and mental condition, and include a list of the perp's property taken into your custody. You must be able to state to the judge, the moment when you saw the perp(s) acknowledge your clear statements of your purposes.
"I saw that the perp acknowledged that I was making an arrest and that I was not a law enforcement agent - that I was affecting a citizens arrest."
You have to clearly state to the judge, that you afforded all the due process that can have been reasonably expected of you in the circumstances.
You are responsible for that perp's safety and well being ... all the way on up to the moment of your handing over the perp(s) to the LEOs of the jurisdiction where you made the arrest. You may be liable, just like an LEO, for the perp's attorney's "coming at you" for screwing up the arrest.

DO NOT impersonate an LEO.

IN GENERAL - the best practice is to NOT go looking for bad guys to arrest.

IN PARTICULAR - the best practice is to alert the LEOs AND take copious notes and film, audio and video recordings.

If you do not get an active, repeat, active, positive response from law enforcement, then contact the news media ... and contact forums on the Internet.

DISCLAIMER: My statements above, about the procedures for making a citizens arrest, are my recollections of some of the training that I had as a federal agent, forty years ago. The statutes and procedures may have changed. Look up the matter yourself. I suggest that you use the above information as a guide, for helping you to figure it out.

More examples ...

Alexander, Arthur J. “Exemption from Militia Service in New York State during the Revolutionary War,” New York History, 27 (1946), 204-212.

Alexander, Arthur J. “Exemption from Military Service in the Old Dominion during the War of the Revolution,” Virginia Magazine of History and Biography, 53 (1945), 163-171.

Alexander, Arthur J. “Pennsylvania’s Revolutionary Militia,” Pennsylvania Magazine of History and Biography, 69 (1945), 15-25.

Anderson, John R. “Militia Law in Revolutionary Jersey,” New Jersey Historical Society, Proceedings, 76 (1958), 280-296; 77 (1959), 9-21.

Ansell, S. T. “Legal and Historical Aspects of the Militia,” Yale Law Journal, 26 (1916-17), 471-480.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.