Archive for the ‘2nd Amendment’ Category
This is an outline of a presentation I recently gave at a meeting of the Monroe County Patriots. I added color and context as I went along. It should give you enough information so that you can build your knowledge of the issue.
Some of the quotes for the original Militia statutes herein come from the writing of Dr. Edwin Vieira, Jr., A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences), and J.D. (Harvard Law School), contained in “The Sword and Sovereignty”. He has written other books, and numerous article on the subject, for which I attempted to give its proper context. He has been a trusted advisor, and teacher from whom I have been able to learn and study law over and above what is taught to the average lawyer.
I encourage others to seek out his work and learn of this most critical aspect of our law, in which the Constitution, and “the Laws of the Union” define, not only a right, but the means, by which the Founders codified our Sovereignty over the State. Today, it is indeed a Struggle vital to the survival of this nation.
Nicholas Testaccio
The Duty, the Right, and the Struggle
On April 19, 1775, 70 Militia men under the command of Captain John Parker mustered on the Green in Lexington to face 700 British Regulars.
Why did those men muster on the Green?
In 1215 king John signed the Magna Carta under pressure from the people of England.
At Article 61 we see the beginning of the Right to Redress, and the authority to enforce a right.
“If we, our chief justice, our officials, or any of our servants offend in any respect against any man, or transgress any of the articles of the peace or of this security, and the offence is made known to four of the said twenty-five barons, they shall come to us – or in our absence from the kingdom to the chief justice – to declare it and claim immediate redress. If we, or in our absence abroad the chief justice, make no redress within forty days *** the four barons shall refer the matter to the rest of the twenty-five barons, who may distrain upon and assail us in every way possible, with the support of the whole community of the land, by seizing our castles, lands, possessions…”
The whole community being the Militia that the Barons maintained in order to keep the peace, and repel invasion.
When the Pilgrims came to the New World, they were of course armed. Bearing arms in a new and uncharted territory was of course necessary to protect yourself, and provide for the needs of family and community.
However, once the colonies were formed and made viable, they were required to maintain a militia in order to keep the kings peace and protect his lands. Each village, township, and colony maintained a militia, primarily citizens, and when needed, to act as soldiers.
Each colony had its requirements that read something to the effect that every able-bodied man capable of bearing arms must be enrolled in the militia. He must possess a good musket, or rifle that he himself supplied, and it must be kept in good working order.
•[1619] “All persons whatsoever upon the Sabaoth daye shall frequent divine service * * * , and all suche as beare arms shall bring their pieces swordes, poulder and shotte.”
•[1624 and 1632] “That no man go or send abroad without a sufficient partie will armed” and “[t]hat men go not to worke in the ground without their arms (and a centinell upon them).”
•[1659 and 1662] “[T]hat a provident supplie be made of gunn powder and shott to our owne people, and this strictly to bee lookt to by the officers of the militia, (vizt.) That every man able to beare armes have in his house a fixt gunn two pounds of powder and eight pound of shott at least which are to be provided by every man for his family[.]
•[1672] “[A]s against all tymes of danger it ought to be the care of all men to provide that their armes and habiliments for war, be alwayes kept fixed and fitt for service[.]
•[1703] Recognizing that “the most effectual means for the defence of th[e] Colony depends upon the well ordering and disciplining the Militia”, the Governor ordered the “Commanders in cheif of each County * * * to appoint a Gen Muster of all the Militia under their respective commands, and take especial care & give strict directions that all Persons serving in the Militia be well provided with arms & ammunition according to Law. And * * * to give directions to the Captains of each Troop & Company * * * duly to exercise their said Troops & Companys once every three weeks, and to take care that all Persons without Priveledge or exemption be listed & Personally Performe their duty at the said Musters.”
•[1727, 1732, 1734, 1738, 1740, 1744, 1748, and 1753] “[U]pon any invasion of an enemy by sea or land, or upon any insurrection, the governor * * * have full power and authority to levy, raise, arm, and muster, such a number of forces, out of the militia * * * as shall be thought needful for repelling the invasion, or suppressing the insurrection, or other danger[.]
Title 51 Pa.C.S.A. Military Affairs § 301 (a) Pennsylvania Militia
§ 507. Draft from militia for emergency.
The Governor shall have the power to order out for actual service with the Pennsylvania Guard by draft as many persons from the militia as necessity demands during a war or other emergency. The Governor is hereby authorized to ...
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by Nicholas testaccio
The document that we now label as the Declaration of Independence, reminds us that “whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it.”
The US constitution, which is the Supreme law of the land, defines this country as a constitutional Federal Republic, wherein all public officials swear an oath to protect and defend “a Republican form of Government,” required by Article IV, Section 4.
For decades now this Republic has been under attack, with little to no relief. The intent of those who fought for and established this country was to create a nation with a unique form of government. Government of, by, and for the people has been the tune for which we were supposed to operate. To most those words mean nothing at all. Just Seven words that define the basic function of our rule of law, yet that simple statement is incomprehensible for the public at large.
Empires come and go over the centuries, but the Founders of this nation gave us the building blocks that would support a lasting enterprise. Paul Simon wrote,
“I have squandered my resistance for a pocket full of Mumbles
Such are promises.
All lies and jest.
Still a man hears what he wants to hear.
And disregards the rest.”
We have squandered all that was bequeathed to us for lies that we feed on from reprobates, scoundrels, and indeed criminals. This is a nation of laws based on “a Republican form of Government.” Over the years we have allowed our representatives to morph this into a democracy, in which mob rule is used to undermine the basic principles of our Law, and unfortunately our liberty.
We support and defend the likes of Bernie Sanders, an avowed communist, on the pretense that his politics are a matter of free speech. Sanders is a United States senator who took an oath to protect and defend the constitution. That oath meant nothing to him, nor to the people who keep voting him back into office.
The terms democracy, socialism, and a host of dribble bandied about by not only those we elect to protect and defend our rule of law, but also those in the media, both corporate and “free” are intended to eviscerate and end our nation. Those who are labeled to the left, progressives, or liberals are allowed to function in the halls of our legislatures when they've clearly committed crimes against the Law, and therefore the people.
Where are the patriots? Those who would muster on the Green to face down the forces of tyranny. Vince Lombardi, the great Packers coach, is credited with saying “The best defense is a good offense.” Again, words and advice that are lost in the rumble of confusion that has become the operational status of our country.
I spend my days rummaging through words of men and women who appeared to be completely devoid of any knowledge pertaining to the function of this Federal Republic. The current mindset among those who profess to be of the patriotic community appears to be that of “prepare for the worst and hope for the best.” Of the numerous YouTube, Rumble, and other enterprise popping up, the paradigm appears to be for bringing truth in news without any regard for the fact that most will do nothing to protect their rights, their families, or their communities. What good is it to know about potential dangers if the only move we are capable of is to prepare rather than deter?
On any given day from the corporate press, you will hear absolute nonsense. There appears to be no truth, nor apprehension towards spewing out blatant falsehoods. Notably, while the “free press” appears for the most part to be engaged in the journalistic enterprise of relaying the facts it stops there. Hours of relaying facts, and reams of papers detailing potentially catastrophic events, and sadly explaining often devious acts of government officials lend little to putting an end to what they all warn for that, for which we must prepare.
The former president, Trump, invoked Title 42, which gave him the authority to prevent an influx of migrants. On May 11th, the emergency status associated with Title 42 came to an end. With that has come the intended invasion of some 1,000,000 migrants. And this is just an extension of the invasion that has taken place since the Biden administration came to office. Estimates of more than 5,000,000 illegals, and numerous terrorists hidden within their ranks, have come to our country.
We were warned of the impending invasion, and prior to that, the “patriots” kept us up on the millions of illegals, and the influx of military age men and potential terrorists. Yet, all that was done to stop the assault on our Homeland was chatter about putting “patriots” into positions of “power” sometime down the road.
Before I go any further I wanted to point a finger. There is a period of time that is referred to as “the summer of love” in the year 2020. During those months the left took to the streets, pillaged, plundered, and even murdered with little pushback from even law enforcement. Where were the patriots?
The patriots, Charlie, Ben, Dan, and a host of others are spewing out what is nothing more than impotent rhetoric. While cities burned, and that includes parts of our capital, they were telling us that they opposed violence. I want to call them out on this particular issue. What they actually oppose is our ability to fight back and defend our lives and property. They are fine accepting the violence that many had to endure and are still experiencing because the left has made it a point of prosecuting anyone who dares to defend themselves.
I want to make a point of law in hopes that someone will spread the word and it will wind up on the desk of some congressman, senator, local representative, or perhaps a talk radio show will bring up this crucial point of law. This is a ...
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by Nicholas Testaccio
I have learned that propaganda is a powerful tool. It is wielded by a select group of politicians, media organizations, and talking heads promoted as experts. No matter how many times judges make unlawful rulings, no matter how many times politicians lie, and no matter how many times the “corporate press” have been shown to be lying, the general public refuses to rebuke those at the forefront of the take-down of America.
Tina Peters was the County Clerk Recorder of Mesa County, Colorado. She was removed, unlawfully by a judge, when she stumbled across evidence of manipulation in a recent City Council election. Let me clarify. Tina Peters is an elected official who cannot be removed from office by any judge. Allow me to repeat. A sitting judge removed an elected official without any authority to do so.
Ms. Peters brought in a consultant to make a forensic copy of the Dominion Voting System in Mesa County. The programmers left evidence that there was election tampering in the code. Because she chose to investigate fraud in our elections, she is now being prosecuted for revealing the facts; https://selectioncode.com/.
We have now been treated to what is an obvious agenda to destroy the process used for the American people to “hire” a representative to enforce Our Laws. Once again, Maricopa County in Arizona, is a point of contention where both democratic and republican poll watchers and officials have come forward to point to discrepancies in the vote.
This is America today.
America today has been planned and fashioned in a manner constructed by social engineers, and subversive agitators for over One Hundred Years. Most people cannot fathom that an agenda is fostered and promoted with a long term plan. The ability to comprehend that evil-doers do not only act from day to day, but that in order to achieve their ultimate goal they must work on a broader scale from decade to decade so that the effects of their plans are dismissed as “conspiracy.”
I have noted that even when discussing firsthand knowledge of an event, the opposite side to the debate will ignore the evidence. There is just too much vested in being ignorant, and in trusting establishments promoted as truth givers. Years back, at an international conference, David Rockefeller thanked the New York Times for misleading the public as to what was taking place under their noses.
“We are grateful to the Washington Post, the New York Times, Time Magazine and other great publications whose directors have attended our meetings and respected their promises of discretion for almost 40 years......It would have been impossible for us to develop our plan for the world if we had been subjected to the lights of publicity during those years. But, the world is more sophisticated and prepared to march towards a world government. The supernational sovereignty of an intellectual elite and world bankers is surely preferable to the national auto-determination practiced in past centuries.”
However, as a veteran, I go on undaunted by events, the deniers, the liars, and the fools who choose to believe the tripe they are fed. I do so with this warning to all the nay-sayers who can’t look past their ignorant stance on accepting that, which has been disproven time and again. The elite despise you and me. They have no love for you or your children. They would sacrifice the ones you have nurtured so that the ultimate goal of a totalitarian state is achieved.
For decades, the ability of America to hold the agenda of people like Klaus Schwab, and his disciples in check was predicated on this Republics principle that it is “We the People” who are the sovereign. As such, the power “to execute the Laws of the Union” was placed firmly in the original Constitution, and supported by a Bill of Rights, of which the most critical aspect was a nation of able-bodied men who were to be organized, armed, and disciplined. As Washington put it, a people with the “teeth” to protect all their rights from tyranny.
There is a group of people that hate you and I for doing nothing more than existing in their world. To them we are “deplorable’s” who have no right to do anything other than to serve their perversions. Your children are nothing more than fodder for their war on freedom.
This administration, members of congress, the judiciary, and the “corporate press” are all proponents of open borders. Fentanyl is being allowed to flow into our country at an alarming rate. Children, who are doing nothing more than taking a dose of what appears to be an aspirin, or more insidious, a piece of candy are being murdered. The number of deaths from this invasion of illegals and drugs is staggering, and yet a good portion of the public believes that Joe Biden is doing an outstanding job. I’m not sure how they can look at themselves in the mirror, and deny that they are complicit in those murders.
The road to the destruction of America has, to my sight, been fairly obvious.
In 1913, the federal government composed the destruction of the monetary system by implementing the unconstitutional Federal Reserve Bank. The same year, without any confirmation of legitimacy, both the 16th and 17th amendments were proclaimed as being ratified by the Secretary of State. Despite thousands of certified documents showing that the amendments were only ratified by a few states, neither the courts nor the legislature would review the fraud.
Following those unlawful acts, the government began the confiscation of gold, and then regulated weapons necessary for the proper function of the Militia as commanded at Article I, § 8, Cl. 15. Despite constitutional requirements, congress, along with their allies began the slow erosion of the Right of the People to contain the unlawful acts of public officials.
Where has this brought us? What are we seeing today? Look at the leaders of this nation. Those who are lauded as progressive thinkers pushing America forward into some Utopian State. In reality, those who seek office, those ...
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by Nicholas Testaccio
The fear that a nation cannot survive the traitor has been in the back of the mind of many for centuries. Someone, at some time made the point because the traitor looks like us, talks like us, and lives among us. They may be a friend or relative. They may be someone we elect to represent us, or uphold the law. They could be the perceived do-gooder who uses a political, or social position to build an organization based on some need. That need to correct whatever the issue might come with flowers, tears, and is presented with all the fanfare of a greater good. It has never, to my knowledge, achieved anything more than wealth for the promoters, and hardship for the intended beneficiaries. The far greater harm is to those of us who seek to maintain liberty.
Perhaps I am wrong about those organizations, or even government programs, but I do not see where I have missed the outcome. We need only look at “The War on Poverty”, “The War on Drugs” as two of our most malicious governmental programs. A war on something is nothing more than an attack on freedom. Most conspicuously, with open borders, cartels running amok, and over One Hundred Thousand deaths this year alone from fentanyl, we are either failing, or the traitor is succeeding.
We can look all around us and find agenda’s that are foisted upon the unsuspecting so-called beneficiary pleas for more assistance. I, myself, was fooled for years by supposed pro-2nd organizations fighting for my right to keep and bear arms. They took my money, and here it is over Forty years since I was first introduced to the NRA, and I am now looking at the possibility that this government will pass a total ban on all semi-automatic weapons. This even though the U.S. Constitution was designed to prevent such a blatant attack on the ability to deter and prosecute “public officials” much the same as we would common criminals. More importantly to the preservation of liberty, the protection of life, and the means, by which this nation cannot be turned from a Republic to a democracy.
Marcus Tullius Cicero, the famous Roman statesman is credited with saying “To be ignorant of what occurred before you were born is to remain always a child. For what is the worth of human life, unless it is woven into the life of our ancestors by the records of history?”
Our history has been under attack for some time now. While there are skeletons in just about everyone’s closet, the accomplishments of our Founders so far outweigh their faults that the linking of the two can in no way deter what was past to posterity. A form of government, so unique that it is lost in today’s political landscape. It is not only a tragedy that most Americans are ignorant of this nation’s laws, but also a crime of immense proportions.
The general public is so ignorant of our rule of Law that they are jeopardizing the future to a point of no return. By that I mean to say there is a reading comprehension level, and a planned destruction of our founding documents.
I am often completely puzzled by those who are prolific readers, those who abhor racism, and bigotry, yet they will make perplexing statements such as “a great democracy.” I know what a democracy is, and what our Constitution commands, Article IV, Section 4 – “The United States shall guarantee to every State in this Union a Republican Form of Government…”
Why the Framers placed that command in the Constitution could best be explained by the man who has been labeled the father of that document. James Madison stated "Democracies have been found incompatible with personal security or the rights of property; and in general been as short in their lives as they have been violent in their death."
I have spent considerable time studying our rule of Law. I label the Constitution as such because that is exactly what it is. It does not mention women. It does not mention any races, ethnicities, nor religions. It certainly does not mention men of any race, creed, or color. What it does contain are rules of delegated authorities, powers, and disabilities. It does “not mean to leave room for the play and action of purely personal and arbitrary power.” Not my words but that of Justice Stanley Mathews who delivered the opinion of the court in a case regarding “A municipal ordinance to regulate…”
I have chosen those few words from that case for a specific reason. This is a nation of laws, but the Laws, the foundation, and the principles of the Republic are being torn apart by the foolish, the evil, and the traitor.
Alex Jones is among other things, a purveyor of truth. While he has been demonized as a sensationalist and “conspiracy theorist,” he is none-the-less one who has brought forth facts that were dismissed, and then shown to be true. His record is long, and because he has a following who know his record he must be silenced.
For his record, Jones must be silenced so that others who might speak the truth and challenge the current descent into tyranny, will fear to voice their concerns. Much the same as the political prisoners of January 6th, a cruel and unusual punishment must be made the norm. It must be obvious to anyone who is willing to see and hear that speaking out against the agenda will not be tolerated.
In the latest show of force, the Alex Jones trials, in both Connecticut and Texas are a harbinger of what is to come unless we start regaining our sovereignty.
I am going to take a turn here, to which most will disagree. So be it if I’ve crossed the line. Throughout history, treason has come for numerous reasons. Some for gain, some for power, and some for vengeance. General Benedict Arnold turned on the Colonists because he was passed over though his actions in the field ...
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by Nicholas Testaccio
There are times when I become maudlin over the affairs of the Nation and the World. At those points in my life, I feel the need to lash out with a rant. I see, what to me is an obvious lack of spirit, desire, the absolute soul crunching failure to protect that, which is most precious to the human spirit. I want to run through the streets yelling at the top of my lungs – DO YOU NOT UNDERSTAND THE CONSEQUENCES OF YOUR AMBIVALENCE AND IGNORANCE?
I am very fortunate in that my grandparents saw fit to take that journey from Italy to a country over Three-Thousand miles away. I did not know my paternal grandfather as he passed away when my father was still a boy. He came with a skill and used it to set-up his business as a barber. I wish that I could have spent time with him as I did with my maternal grandfather Vincent. Unfortunately, I was just Ten years old when Grandpa Vincent passed away. In the short period of time I had to spend with him I learned about tools. I learned about the soil as he had quite a large garden in the middle of Brooklyn, New York. There was an apricot tree some thirty feet high that produced hundreds of its sweet fruit. Three peach trees from which we would snack. Strawberry’s, blackberry’s, figs, and nuts that often made breakfast a delight when I’d spend the summer days with my grandparents.
Grandpa was a veteran of WWI. He came to America, walked from the ship to the local recruiting station, and joined the army. Several years later he would warn the young men in the family that “War is a terrible thing.”. As far as I know all the men in my family served in WWII if they were able. I had the privilege of hearing about some of the events that took place at Pearl Harbor on that dark day from one of those men. He laughed as he noted “We didn’t know what was going on.”.
History is replete with stories from the men and women who survived the turmoil and the vicissitudes of turbulent, dark, and dangerous times. For some of those who survived it was a scar that would not heal. For others, the realization that they made it through made them stronger. They could laugh at the past, taking note of the actions they took, and be thankful for another day.
In Henry V, William Shakespeare wrote what would become a battle cry throughout the ages as commanders often took the time to read Henry’s speech. Generals read the words to rouse the spirits of their own men, some of whom would lay down their lives. As I think ahead to what might befall this nation, in the midst of strife, I would like to call together those who see that our country is under siege. We are facing an enemy unlike that, which Henry and his tired, hungry troops faced.
On October 25, 1415, Henry’s depleted force of some Five Thousand Men, were blocked from their return to England by an army of Twenty Thousand French. At Agincourt, Henry used everything he had in front of him to his advantage. The English Men-At-Arms slaughtered about one-third of the French army, while Henry suffered the loss of but a few hundred. Against tremendous odds King Henry V was able to defeat the French in what is marked as one of the great military victories throughout history.
In Shakespeare’s soliloquy of what Henry V might have spoken to his men, he calls forth that spirit that stirs all to victory. The battle was in front of a tired group of soldiers, stressed by the campaign they had fought. This battle was for all that was left within them, and the pages of history that would place the appropriate label upon their victory or loss.
“That he which hath no stomach to this fight,Let him depart. His passport shall be made,And crowns for convoy put into his purse.We would not die in that man’s companyThat fears his fellowship to die with us.”
As you scroll through the pages of history, you may have a glimpse of what was, but more importantly, what may come. Patrick Henry tells us “I have but one lamp by which my feet are guided, and that is the lamp of experience. I know of no way of judging of the future but by the past.”. Yet, we are allowing our history to be destroyed by factions that I am convinced are part of a plan influenced by communist agitators and their promotors.
Henry went on to shout “Gentlemen may cry, Peace, Peace-- but there is no peace. The war is actually begun!”. And now we come to the point of my rant, as I see a downfall aided by those who have no inkling of their complicity in our demise.
Let me repeat. “As a citizen, I know the government *** to be republican; and my short definition of such a government is one constructed on this principle -- that the supreme power resides in the body of the people.”.– Chisholm v Georgia 2 U.S. 419, 457. If this be the case of a nation “of, by, and for the people”, then a method of retaining that sovereignty over a servant government should be enumerated in our founding documents. And if that means be so stated, then it must be employed for the purposes of which it was made law.
A Declaration made on July 4th, 1776 explains the principles of this nation where that foundation created government “deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it”.
Fifteen years later The United States Constitution was ratified as the “Supreme Law of the Land”, defining the delegated authorities, and restrictions for the operation of such a country, wherein the People ...
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