Vigilante, or Not?

 Today I saw a meme depicting the 376 motionless members of the police department at Uvalde during the active shooter casualty event. It also showed the one young man who stood up more recently to an active shooter. 

It's a rather clear picture, even by words, isn't it?

Then I considered what some people may say or think concerning the one individual who took action. I have not read, nor seen video of any of the original documents or videos from either event. I have seen some internet comments and, of course, the noted meme. The following is personal opinion and should not be construed as if I were speaking legally.

Two words came immediately to mind, Militia and Vigilante. Do not get the two confused.

According to the South Carolina state constitution:

ARTICLE XIII.

MILITIA

SECTION 1. Militia.

"The militia of this State shall consist of all able-bodied male citizens of the State between the ages of eighteen and forty-five years, except such persons as are now or may be exempted by the laws of the United States or this State, or who from religious scruples may be adverse to bearing arms, and shall be organized, officered, armed, equipped and disciplined as the General Assembly may by law direct."

Emphasis on shall is by me. The consideration is, under law, Shall is not optional as in May. In other words, if you live in South Carolina and are able bodied between the ages of 18 and 45, you ARE the militia, unless ruled exempt.

Vigilante is a group of a different bent. They are defined as a member of a self-appointed group of citizens who undertake law enforcement in their community without legal authority, typically because the legal agencies are thought to be inadequate. (Note: they operate without legal authority. Most notably, they take justice into their own hands by trying, convicting, and executing.)

The legal authority of militia stems from centuries of law before the constitutions of the various colonies came into existence. Once those colonies became states under the US Constitution, they retained all rights of militia organization and regulation because those rights were never part of the national constitution. The only mention of the militia within the body of the US Constitution refers to the right of the President to call up such a force to deal with treason, insurrection, and anarchy. The 2nd Amendment leaves the militia to the people.

Another initial intent of the founders little known to Americans today, requires the legal system of the Grand Jury to request the militia to arrest based upon fact and evidence, sorely lacking in the instance of vigilantes. And the militia has no authority to convict under civil law. That belongs to the courts.

To bring this back to full circle, the one lone gunman acting to preserve life guaranteed by the constitutions of the various states' laws (see right to use deadly force) wasn't acting as a vigilante. His state gave him the right to act to preserve life, as I understand it, through the castle doctrine.

There will likely be more discussion, evidence, legal opinions, and such during the next few months concerning Uvalde and other instances of US Citizens, militia members, and police interacting with aberrant shooters.

Militia/Minutemen not Army

 

Proverbs 18:3

When the wicked comes, contempt comes also; and with dishonor comes reproach.

 

From the American Patriots Bible (NKJV), Thomas Nelson, Publisher

 

Honor…

“…with dishonor comes contempt”

The Minutemen

In 1774, the Massachusetts Provincial Congress reorganized the Massachusetts militia, providing that one-fourth of the entire militia was made up of “Minutemen”—patriots who vowed to be ready to fight at a minute’s notice. The Massachusetts Provincial Congress charged the Minutemen:

                "You…are placed by Providence in the post of honor because it is the post of danger. The eyes not only of North America and the whole British Empire, but of all Europe, are upon you. Let us be, therefore, altogether solicitous that no disorderly behavior, nothing unbecoming our characters as Americans, as citizens and Christians, be justly chargeable to us."

Please note that even though the militia was reorganized to include Minutemen, they remained militia and not employees of the state.

National Guard is not the Militia

 The National Guard came into existence in 1916. The militia (citizens armed for protection of their communities) have always been a part of English law, with the exception of Charles I’s reign when he reversed all previous law. It led to his demise after 1-1/2 years on the throne. 

Militia are citizens, and in virtually every states’  constitution are identified only by “able bodied” with a weapon, training in its use, and proficient so as to repel raids or insurrections. 

The original federal constitution of 1792 barred a standing army, but allowed for the Navy to protect our shores and commerce on the sea. 

The single biggest difference between a standing army (no matter what you call it) and the militia is one is paid. Guess which one. 

Then think about things going sour. Who do you suppose a paid standing army will support? I’m not saying all the soldiers will rally round the superior officer, but most of the higher ups got there by playing the army advancement game. They will expect soldiers to comply with orders. 

And if you think the NYNG will be the one to police NY, you don’t understand the FEMA regional concept. That plan applies to the rest of the states/regions in the US. Then look at the UN “peacekeeping” forces. It’s not the Israelis who would keep the peace in Israel if the UN gets involved. 

Our NG units serve a great need and have fought in almost every modern war because congress has trouble funding a full time army (all services). I admire and respect their dedication. I simply hope their allegiance to the Constitution of their state, and the one of our nation they are sworn to protect, comes rapidly to mind when the FEMA buses arrive to take anyone to a camp.

Charlottesville, Virginia Rally News

Charlottesville, Virginia Rally

Saturday 12 August 2017 various groups attended the Unite the Right Rally promoted by Jason Kessler in Charlottesville, Virginia. The primary players, white supremacist groups such as the League of the South, and white pride organizations like the Proud Boys, took advantage of their permit to occupy Lee Park, recently renamed Emancipation Park. The opposing group known as Antifa set up their counter demonstration on Market Street near the downtown mall area. An ecumenical group arrived early and knelt in prayer along the Market Street curb in front of the park. Reports of hundreds of police agents including Virginia State Police, the Albemarle County Sheriff’s Office, and the Charlottesville PD filled the streets and neutral areas within Lee Park and in adjacent areas of the city.

Internet news media and social media paint various pictures from a myriad of perspectives about who attended and what the purpose of the groups meant. One particularly skewed view pertains to the appearance of a multi-state militia group consisting of members of the Pennsylvania, Virginia, Maryland, and New York Light Foot Militia who were augmented with militia members from Oregon and Michigan.

Because alternate news sources don’t often check facts, statements like “white supremacists dressed in cammo and heavily armed” leave the readers with significant misinformation. The overall commanding officer of the Pennsylvania Light Foot Militia (PLFM), Christian Yingling, made it perfectly clear to all who bothered to ask him the presence of this militia ensured First Amendment free speech to all attendees by being a neutral buffer between the two groups. George Curbelo, commander of the NYLFM, indicated the discipline of the group ensured none of the members would engage in siding with the opposing forces on the street.

In many instances, these militia members disregarded their own safety and stepped between those arguing, throwing projectiles, and reaching to grab their opponents. Once the militia made these moves, the Antifa and White Supremacist individuals resorted to using their free speech, as was the purpose of the rally and the actions of the militia.

Both PLFM and NYLFM played important roles in like actions primarily in PA, NY and MA. By using their specific brand of neutrality to curb violence before it escalated, they received gratitude and accolades from federal, state, county and local law enforcement groups.