Hey Oregon "Militia": Here's the History Lesson You Missed

Let's take it back to the 18th Century. 


Massachusetts, April 1775.  Daniel Shays was 30 years old when things went all squirrelly. The son of Irish immigrants, he spent his early years working on a farm in the western part of the state. Agrarian labor was the lot of the overwhelming majority, especially those living away from the coast. Swept up in the emotions of the day, Shays walked to Boston and immediately enlisted in one of the newly raised militia regiments then surrounding Boston in the wake of Lexington and Concord. 

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By all accounts Shays was a solid man. A stalwart soldier. Because he already had a modicum of training, Shays was enlisted as a sergeant. In that rank he fought at some of the most pivotal battles of the Revolutionary War: first, Bunker Hill; then, after his regiment went from being "militia" to "regulars" in the Continental Army, Long Island, New York, Saratoga, and his last battle, Stony Point.

It is there that we really come to see what kind of soldier he was. By then, Shays had been promoted to lieutenant and then captain of a company in his regiment. And he was not just any captain: He was the commander of the elite "light" company. It was in that role that he participated in the storming of Stony Point, during which American troops made a midnight assault with unloaded weapons, just bayonets, and won a significant and lopsided victory against the British. Shays performed so heroically that the Marquis de LaFayette personally awarded him a ceremonial sword in recognition of his leadership. (There was no such thing as a ribbon or a medal yet, at least not institutionally.) 

In 1780, due to wounds, he mustered out. He had been away from home for five years, without pay. Yea, nada. Food and uniforms, but no actual pay. When he got home he found that he was being called before court for failure to pay debts. What a kick in the nuts for a guy who just spent five years, and spilled blood, unpaid, on behalf of the new nation. Eventually he sold the sword from the Marquis for petty cash. 

Things weren't much better for the state. After the war ended in 1783, Massachusetts was trying hard to clear its debts. But their technique was somewhat lacking. Among other things, they pushed hard on the collection of debts and taxes, especially in the sparsely inhabited and relatively poor western parts of the state. The men living there felt cut out, particularly since it was the rich businessmen, mostly on the coast, who held political power. 

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A tax revolt ensued. Something of a natural leader, Shays unexpectedly found himself in the lead of armed men once again. This time, however, they were fighting against their own government. It was, by any definition, an insurrection against the United States of America: Armed men sought to take over federal property (the Armory in Springfield). They were confronted by organized militia, raised locally, and paid by private donors because there was no "official" money for such a contingency. Both sides had over 1000 men. But one side, the authorized militia, had cannon, and that made all the difference. The insurrection was busted, and their whole effort ended in chaos. Their rebellion against America ended in abject failure. The conflict, known commonly as Shays' Rebellion (though Shays was just one of its leaders), shocked the nation and had enormous influence over what became the U.S. Constitution. 

The men in Bend, Oregon identify themselves as "patriots." Many self-describe themselves as members of an extremist group known as the "Three Percent" – harkening back to the alleged percentage of colonists who fought on the American side in the Revolutionary War. They make much ado about being true to the U.S. Constitution. 

But their knowledge of the actual history, let alone the text, of the Constitution, appears to be, shall we say, a tad lacking. To begin with, they seem to skip over some of its words. To begin, let's look at what it means to be a "militia," as these men claim to be. Here are the powers granted to Congress, in the Constitution, as they relate to "militia: 

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Bottom Line: There is no such thing as a "locally organized" militia that is not subject to the authority of a State or the Federal Government. Indeed, such is almost explicitly prohibited, in no small part because the Founding Fathers wanted to prevent something like Shays' Rebellion from happening again. 

Now let's take a look at the definition of treason, as defined by the Constitution:


Does taking over federal property or fighting the US government constitute "levying war?" For that, we must decide whether or not a forcible occupation of federal property that obstructs the ability of U.S. citizens from enjoying its resources constitute "insurrection." The Insurrection Act, written by the Founding Fathers in 1807, which these Oregon dudes profess to adore, says this:


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In reality, these men in Oregon are following in the footsteps of Daniel Shays' armed insurrection, not his military service. Shays' later actions, which are the very basis for the use of the terms "militia" and "treason" and the authority given to Congress to raise troops from the militia in order to suppress "insurrection," are their antecedents. 

Damn those Founding Fathers and the documentation that they inconveniently left behind.

As always, I am available at R_Bateman_LTC@hotmail.com 

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