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Maine Militia Manual 1-2
Maine Constitutional Militia (An Unorganized, Well Regulated, and Independent
Citizen Militia) 1. PURPOSE: To
establish the historical and Constitutional precedent for the establishment of the First Brigade; to explain its mission and
goals and to explain the organizational structure of the First Brigade. "A well regulated militia being necessary to
the security of a free state, the right to bear
arms shall not be infringed."
- THE BILL OF RIGHTS: AMENDMENT 2 2. BACKGROUND: Recently there has been debate over what the militia is
and who controls it. Some believe it is the National Guard while others state that it is only part of the National
Guard. Still, others argue that it is not the National Guard at all. Much of the debate is focused on the individual Citizens
right to keep and bear arms. When history is reviewed it becomes clear what the militia is and what the Second Amendment means
and why is was specifically added as an unalienable right. During the colonial days, the militia was more or less loosely
controlled by colonies generally formed for common defense around the natural limitations of geographical region and comprised
of all able-bodied men between the ages of 17 and 45. All were required to have their own musket, ball, powder, flint, and
knapsack. In 1792, Congress passed a statute to establish "A uniform militia throughout the United States." It detailed
every able-bodied citizen between the ages of 18 and 45 enrolled therein and to equip them with appropriate weaponry. However,
this statute was repealed in 1901 when Theodore Roosevelt declared, "Our militia law is obsolete and worthless."
The reason for this action was that it was poorly equipped and trained. Simply stated, not enough had been done to organize
a nationwide militia. In 1903, Congress passed the Dick Act, which provides that able-bodied male citizens between the ages
of 18 and 45 are the :organized militia" to be known as the national guard of the several states and the remainder to
be described as the reserve militia which later statutes has defined as the unorganized militia. Congress then decided to
federalize the National Guard. The National Defense Act of June 3, 1916, 39 Stat. 156, provided in part "that the army
of the United States shall consist of the Regular Army, the Volunteer Army, the Officers Reserve Corps, and Enlisted Reserve
Corps, the National Guard while in the service of the United States, and such other land forces as are now or may hereafter
be authorized by law." Notice that Congress included all elements of both the "organized" and "unorganized"
militia into the Federal National Guard. Therefore, if Congress has expressly established the identity of the organized militia,
what then is the unorganized militia of the United States? The militia is defined as: militia 1.) Military soldier, a soldier: 1a.) originally
any military force; 1b.) Later any army composed of citizens rather than professional
soldiers, called out in
times of emergency; 2.) In the United States, all able-bodied male
citizens of the regular armed forces; members
of the National Guard, organized Reserve
Corps and Naval and Marine Reserve constitute the organized militia; all others,
the
unorganized militia.
- WEBSTER'S NEW WORLD DICTIONARY, ©1968 Has the definition changed? If it has, and the Federal Government has denied the Citizens
the right to be part of an unorganized civilian militia, then we are in grave danger in our country. Congress has never repealed
the National Defense Act, which made the National Guard and its reserve forces part of the Federal Army. The question then,
is this; where is the unorganized militia today? Maine Revised Statutes Annotated Title 25 Sec. 761 states: "The militia
of the State of Maine shall consist of all able-bodied male citizens who have or shall have declared their intention to become
citizens of the United States, who shall be more than18 years of age and, except as otherwise provided, not more than 45 years
of age. Said militia should be divided into these classes: "the National Guard, the naval militia, other organized militia
units and the unorganized militia." It is our understanding that the First Brigade of the Maine Militia constitutes and
fulfills the roll of unorganized militia. It seems clear that the guard and reserve military establishment constitutes the
organized militia of the State of Maine and stand ready to serve the Governor or President (as is presently the case since
the National Defense Act is still in force). As such, the Maine organized militia is covered by Title 32.579, Sec. 179 (b)
of the Act, which states, "...no member of the organized militia in active state service or in the service of the United
States shall be liable civilly or criminally for any act or acts done by him in the performance of his duty." Under the
existing law, the Federal Government or the Governor of Maine can order members of the organized militia to violate the law
with blanket immunity as long as they are acting under orders. The specter of this immunity is horrifying if a Waco-like event
were to take place in Maine. Soldiers of the state, knowing they are immune from prosecution, may themselves act to deny others
protection under the law. One can only imagine the prospect of being attacked by soldiers of the state who are absolutely
"untouchable" and cannot be made to answer for their actions. What protection do the Citizens of Maine have as long
as the laws of the State provide this possibility? What force exists to prevent a State or Federally orchestrated massacre
like the one in Waco from occurring in Maine? Can it be debated that the militia is the National Guard if the National Guard
is not independent from organized government? Since this is true, there exists no standing force able to keep the State's
forces at bay should they desire to move against the Citizens. Do we believe Paul Revere's militia unit was part of the
organized government of his time? We think not! It was clear to the early patriots that the militia was independent of the
organized government and made up of people who stood ready to repel a tyrannical government from denying the rights of liberty
under the Constitution. It is equally clear to the members of the First Brigade today. Furthermore, the founders of our government
believed that power should remain in the hands of the People to stop the usurpation of power of government. For this expressed
reason, they believed in the militia system where all Citizens should keep and bear arms.
Like it or not, the only reason a civilian or unorganized militia exists is in order to keep government in check in order
that the government may remain in the hands of the People. Patrick Henry, the principal supporter of the Bill of Rights, set
forth this resolve at the Virginia Convention on March 23, 1775, when he said, "Resolved, that a well regulated militia,
composed of gentlemen and yeomen, is the national strength and only security of a free government: that such a militia in
this colony would forever render it unnecessary for the mother country to keep among us for the purpose for the purpose of
our defense, any standing army of mercenary soldier always subversive of the quiet and dangerous to the liberties of the people.
And would obviate the pretext of taxing us for their support."
"That the establishment of such a militia, at this time, particularly necessary by state of our lives for the protection
and the defense of the country some of which are already expired, and other will shortly be so: and that the known remissness
of government in calling us together in legislative capacity, renders it too insecure, in this time of danger and distress,
to rely on that opportunity will be given of renewing them, in general assembly, or making any provision to secure our inestimable
rights and liberties, from those further violations with which they are threatened."
"Resolved therefore, that this colony be immediately put into a state of defense, and that there be a committee to prepare
for embodying, arming, and disciplining such a number of men as may be sufficient for that purpose...".
The precedent
of the Maine Militia has been set by others generations ago. Therefore, it is up to us, the inheritors of the task begun more
than two centuries ago, to seek and to secure these same ideas on the face of the same threats expressed by Patrick Henry.
To wit; that the organized government, having removed itself from the Citizens, inter se, had intended to dissolve the rights
and liberties of the free People. The events of Waco, Texas in 1993, evidence the clear and present danger. It then becomes
very clear why they wrote "We the People...". To that end, the mission of the Maine Militia is hereby set forth. 3. MISSION: To defend the Constitutions of Maine
and the United States of America; to uphold and defend the Bill of Rights, seen in alienable, given by God to free men that
they may remain free; to ensure that all citizens, regardless of race, color, religion, sex, physical characteristics, or
national origin, shall have the right and opportunity to due process of law as established and guaranteed by the great documents
which guide this great nation. 4. GOALS: It
shall be the goal of the Maine Militia to: Present
itself to the Citizens of this region as a well regulated, well trained, well equipped, and knowledgeable militia unit comprised
of ordinary Citizens rather than professional soldiers. Establish a cohesive command structure able to instruct and to task as need arises. Train its members in the many disciplines necessary to function of the militia as a whole
and as members individually. Educate its members
in areas of historical law and principles from knowledge imparted from this country's historical record and from the Bible,
which has been the greatest single guiding influence for all great nations desiring to be free. Inform its members of national, local, and global events imperiling the Constitution and
impacting the direction of the country. Encourage
its members to stand against tyranny, globalism, moral relativism, humanism, and the New World Order threatening to undermine
our form of government and these united states of America. Uphold the pure Constitutional rule of law whereby all Citizens have the right to trial by jury of their peers in
a court of law. Seek the protection, wisdom, and
leadership of Almighty God as we submit Him to do His will in protecting the liberty and freedom He has given to all Americans.
5. ORGANIZATIONAL STRUCTURE: In
order to achieve the goals listed above, a command structure made up of a Commander and Command Staff shall be created. Subordinate
to the Command Staff shall be other support elements. Each element shall be made up of subordinate units necessary to perform
the mission of the Brigade as a whole. The organizational chart below shows this structure: STATE COMMANDER STATE
EXECUTIVE OFFICER STATE STAFF OFFICERS
CHAPLAIN, INTELLIGENCE, INFORMATION, SECURITY OPERATIONS,
TRANSPORT, SUPPLY, COMM TRAINING, MEDICAL, AIR OPS, SPECIAL OPS,
SAFETY COUNTY COORDINATORS COUNTY STAFF OFFICERS COUNTY COMPANY
COMMANDERS
The command structure shall be made
up of Commissioned Officers selected and appointed by the existing staff. The State Commander shall hold the rank of General.
State Executive Officer/State Staff Officers/County Coordinators shall hold the rank of Colonel. County Officers shall hold
the rank of Lt. Colonel and Major. Company Commanders shall hold the rank of Captain. Platoon and Squad leaders (if not the
officer in charge) shall be chosen by the Staff Unit Officer in charge and assigned the rank of Sergeant. Squad members shall
be likewise chosen and assigned rank of Corporal and Private based on experience. The primary weapon of the Brigade member shall be a rifle. It shall be required of all militia members
not otherwise opposed for conscience sake to have his own rifle, ammunition, and knapsack with associated load harness. Militia
members are required to remain proficient in the maintenance and safe operation of the rifle and have 100 rounds of ammunition
available at all times. The militia member's knapsack and load harness shall consist of necessary items to be determined,
based on assignment. The knapsack load harness, thus outfitted, will be kept available at all times for rapid deployment by
the militia member. Militia members are normally expected
to carry military style firearms when attending duties. Only in self-defense shall a member discharge his rifle except when
ordered to do so. As with members of organized military units within Maine, militia members are expected to abide by all hunting
rules and regulations pertaining to the use of appropriate firearms for that purpose. Only when ordered shall members of the
Maine Militia carry concealed firearms during Brigade operations when licensed to do so. All militia members are required to tale the oath, found below, to uphold the Constitution and protect
it from enemies. While it is intended that the militia intrude
as little as possible into the private lives of its members, it is also clear that the individual members are volunteers and
must be ready to meet periodically and to deploy as the need arises. It shall be the objective of the staff to infringe as
little as possible on the time of militia members, recognizing their responsibilities to their families and jobs. Militia members are highly encouraged to live exemplary lives. Blatant
violation of the law places the legitimacy of the Maine Militia at risk. Just one member can jeopardize the civilian militia
by illegal acts when those wishing to discredit us look for such an opportunity. Therefore, in order to protect the body as
a whole, militia members shall be subject to courts martial made up of the lowest level Command Staff convened to hear the
facts of the case before it. Members may stand trial for such acts that would discredit the Maine Militia or place the militia
at risk. The accused will stand in his own defense. No charge shall be brought to court martial unless supported by at least
two witnesses. The maximum penalty able to be rendered for any offense shall be permanent dismissal from the militia. After
counsel and prayer, the convened Command Staff shall vote on appropriate action. Any militia member may voluntarily withdraw
from the militia at any time without prejudice for conscience sake. In such a case, all issued equipment must be returned.
It shall also be the right of each militia member to appeal to authority in the direct chain of command regarding grievances.
In every case, however, the militia member shall follow the order or directive first and make his appeal afterward. If a militia
member, for conscience sake, feels compelled to disobey, he should immediately withdraw from the militia without prejudice. 6. ASSEMBLY MEETINGS: Periodic musters and
assemblies are necessary and shall be called to achieve the overall goals of the Maine Militia. Militia unit members shall
be notified of actual assembly times and places and must discipline themselves to attend. All staff members or their representative,
when called, shall attend State Staff/County Coordinator meetings. All militia members will be required to provide information about themselves in order to utilize their experience
and background. Information provided shall be kept confidential and shall be used only for the functioning of the Maine Militia. Under no circumstances are militia members to discredit the Maine Militia
by pressuring citizens to join or to contribute material or financial support. All material and financial contributions shall
be accepted with the clear understanding that the inalienable rights of all shall be protected without qualification. 7. OATH OF THE MILITIA MEMBER: I _________, as a natural born citizen of one of the several states, do solemnly
swear that I have not nor will I ever swear any oath that would supercede the Constitution of these United States or the Constitution
of Maine; that I will bear true faith and allegiance to and will defend the same against all enemies foreign and domestic;
that I take this obligation freely without any mental reservation or purpose of evasion; and that I will faithfully discharge
the duties of the militia I am about to enter. So help me God. 8.
CODE OF CONDUCT FOR MILITIA MEMBERS: I
am an American serving with the unorganized civilian militia that guards my homeland, our Constitution, and our way of life.
I am prepared to give my life in their defense. I
will never surrender of my own free will. If in command, I will never surrender the members of my command while they have
the means to resist. If I am captured and become
a prisoner of war, I will keep the faith with my fellow prisoners. I will give no information or take part in any action which
might be harmful to my comrades. If I am senior,
I will take command. If not, I will obey the lawful orders of those appointed over me and will back them in every way.
When questioned, should I become a prisoner of war, I
am bound to only give name, rank, and date of birth. I will evade answering further questions to the best of my ability. I
will make no written or oral statements disloyal to my beloved homeland and its citizens or harmful to their continued struggle
for liberty and freedom as prescribed in the Constitution for these United States of America. In all cases, I shall endeavor to instruct and inform members of the organized militia units
seeking to persuade them to join the patriotic struggle; urging them for justice and conscience sake to return America to
the Constitutional Republic our forefathers envisioned. I will never forget that I am an American, a citizen of the greatest nation of earth, fighting for freedom, responsible
for my actions, and dedicated to the principals which made my country free. I will place my trust in almighty God, the United
States of America, and the goodness of her people.
9.
PRAYER FOR THE MILITIA: Oh God, our Father, Thou searcher of men's hearts, help us to draw near
Thee in sincerity and truth. May our personal faith in Thee be filled with gladness and may our worship of Thee be natural
and pure. Strengthen and increase our admiration for honest dealing and clear thinking and suffer not out hatred of hypocrisy
and pretense ever to diminish. Encourage us to endeavor to live above the common level of life. Make us choose the harder
right instead of the easier wrong and never to be content with a half-truth when the whole truth and right are in jeopardy.
Guard us against flippancy and irreverence in the sacred things of life. Grant us new tied of friendship and new opportunities
of service. Kindle our hearts in fellowship with those of a cheerful countenance and soften our hearts with sympathy for those
who sorrow and suffer. Help us maintain the honor of the First Brigade untarnished and unsullied and to show forth in out
lives the ideals of this nation's Constitution in doing our duty to Thee and our fellow citizens. All of which we humbly
ask in the name of our Lord, our great friend and defender, and the Master of men. Amen.
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