NEW JERSEY MILITIA

NEWSLETTER


Volume 1/Issue No. 1 A monthly newsletter July 1995

All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.--Article I, Section 1, New Jersey State Constitution


We, the free-born people of New Jersey, exercising our unalienable rights, do hereby proclaim that the New Jersey Militia has been formed from the unorganized militia.

It is imperative to realize that freedom is not free nor is it fought for once and assumed to be secured. Liberty does not descend onto the people, it is required of the people to elevate themselves to liberty. Once again, the clock of time has come full circle to where our freedoms are in danger and total government is ticking its way in. Our Republic is now moribund due to legislation that abrogates justice. Legislation such as and not limited to the Crime Bill, Brady Bill and H.R. 666 that overrides the 4th Amendment. To add insult upon all Americans, nearly all Ten Planks of The Communist Manifesto (see page 2) have been incorporated into our system, and peaceable Americans are considered fair game at places like Ruby Ridge and Waco.

It is not only our duty, it is our moral obligation to defend and restore, through American law, our form of government. It is you, the individual New Jerseyan, who make up the Militia. And it is you which the spirit of liberty is depending upon.

OUR GOALS ARE TO EDUCATE
PEOPLE IN

ALSO, WE SEEK TO

THE MILITIA

According to the New Jersey Statutes Annotated the classes of the militia are:

(a) The organized militia, which consists of the National Guard, the Naval Militia and the State Guard; and

(b) The unorganized militia who are not members of the organized militia. (NJSA, 38A:1-3)

The Militia is the whole people. The National Guard, on the other hand, is a select militia that is equipped, trained and paid by the Federal Government. It has been totally integrated into the armed forces and is now serving overseas in such places as the Golan Heights.

The New Jersey Militia is part of the unorganized militia; we cannot accept Federal arms, training or pay. To do so would compromise our independence and negate our role as a check against tyranny. The New Jersey Militia is the people themselves; we are your neighbors and relatives and will never be used as was the National Guard that killed four unarmed students at Kent State.

"I ask, sir, what is the militia? It is the whole people, except for a few public officials."--George Mason, 3 Elliott, Debates at 425-426

"A militia, when properly formed, are in fact the people themselves...and include all men capable of bearing arms."--Richard Henry Lee, Additional Letters from the Federal Farmer (1788) at 169

[Please note: The New Jersey Militia welcomes women. Margaret Corbin is held in high regard as a member of the militia who commanded her dead husband's cannon at the battle of Fort Washington in 1776.]

"What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty."--Rep. Elbridge Gerry of Massachusetts, I Annals of Congress at 750 (August 17, 1789)

"There is something so far-fetched and so extravagant in the idea of danger to liberty from the militia that one is at a loss whether to treat it with gravity or with raillery; whether to consider it as a mere trial of skill, like the paradoxes of rhetoricians; as a disingenuous artifice to instill prejudices at any price; or as the serious offspring of political fanaticism. Where in the name of common sense are our fears to end if we may not trust our sons, our brothers, our neighbors, our fellow-citizens? What shadow of danger can there be from men who are daily mingling with the rest of their countrymen and who participate with them in the same feelings, sentiments, habits, and interests?"--Alexander Hamilton, The Federalist Papers, No. 29

OUR RIGHT OF SELF-DEFENSE

The New Jersey Militia is an extension of the people's God-given rights to life, liberty and property. A corollary of those rights is the right to self-defense, which is necessary to retain them.

We utterly condemn the bombing in Oklahoma City, not only as a criminal act, but as an act of offensive aggression. The New Jersey Militia will never take the offensive. Hopefully, our mere existence will be sufficient to check the ambitions of despots.

"Arms in the hands of citizens [may] be used at individual discretion...in private self-defense..."--John Adams, A Defense of the Constitutions of the Government of the USA, at 471 (1788)

"The supposed quietude of a good man allures the ruffian; while on the other hand, arms like laws discourage and keep the invader and the plunderer in awe, and preserve order in the world as well as property. The same balance would be preserved were all the world destitute of arms, for all would be alike; but since some will not, others dare not lay them aside...Horrid mischief would ensue were one half the world deprived of the use of them..."--Thomas Paine, I Writings of Thomas Paine at 56 (1894)

"If the representatives of the people betray their constituents, there is then no recourse left but in the exertion of that original right of self-defense which is paramount to all positive forms of government."--Alexander Hamilton, The Federalist Papers, No. 28

KNOW YOUR BILL OF RIGHTS

The Bill of Rights, our first Ten Amendments to the U.S. Constitution, are limitations on arbitrary Federal power over both the individual and the several states of the Union. It has been severely eroded over the past decades, especially since the advent of the war on drugs. We include it as a reminder of what we have lost and what we must work to restore.

Article I--Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article II--A well-regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear arms, shall not be infringed.

Article III--No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

Article IV--The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article V--No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

Article VI--In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have assistance of Counsel for his defense.

Article VII--In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article VIII--Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article IX--The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article X--The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or the people.


THE TEN PLANKS OF THE
COMMUNIST MANIFESTO

Communism has been a dismal failure. Millions have died as a direct result of the application of its principles by social engineers. Yet many of its tenets have been imposed on us, to our great detriment. We seek to rid ourselves of its harmful effects.

1. Abolition of private property. (Our Federal government owns 33.5% of the land; the rest is controlled through regulation and taxation.)

2. Progressive, graduated income tax. (Enacted 1913.)

3. Abolition of rights of inheritance. (Inheritance tax enacted 1916.)

4. Confiscation of property of emigrants and rebels. (Government report required before taking more than $5,000 from the country; civil asset forfeiture laws; RICO laws.)

5. Centralization of credit by means of a national bank. (Federal Reserve system created 1913.)

6. Government control of communications and transport (FTC, 1916; FCC, 1934.)

7. Government ownership of the means of production and improvement of the land in accordance with a common plan. (Government regulation; land use master plans.)

8. Equal liability to labor. (Government is becoming the employer; national service program.)

9. Forced redistribution of the population. (Urban renewal, Tennessee Valley Authority, etc.)

10. Free education of all children in public schools. (Denial of parental choice in education.)

THE UNITED NATIONS &
THE NEW WORLD ORDER

The New Jersey Militia cannot support the UN's goal to establish itself as the world government under the New World Order. Rather than grant our Constitution to the other nations, the UN intends, eventually, to do away with it. The Charter of the United Nations includes no Bill of Rights. Its desire to "employ international machinery for the promotion of the economic and social advancement of all peoples" is nothing more than a veiled reference to the intended massive redistribution of the wealth of New Jerseyans to Third World governments and the world government itself.

We, therefore, oppose the presence of UN troops and personnel, including US forces on UN assignment, at McGuire Air Force Base, Fort Dix or elsewhere on our soil. We intend to inform the U.S. armed forces that are under UN command that they are violating their sworn oath to defend the Constitution.

"To achieve world government, it is necessary to remove from the minds of men their individualism, loyalty to family traditions, national patriotism and religious dogmas."--Brock Adams, Director UN Health Organization


"Educate and inform the whole mass of the people. Enable them to see that it is their interest to preserve peace and order, and they will preserve them."--Thomas Jefferson


UNCONSTITUTIONAL LAWS

The courts have forgotten the Constitution. Instead they have invented one of their own by, for example, extending the interstate commerce clause to control vast areas of American life. They also follow case law and stare decicis; that is, if they make a bad decision, they "let it stand" and use it as a precedent for further bad decisions. The legislature, too, has abdicated its role by granting power to regulators to implement the law. As a result, unconstitutional and administrative laws have strangled American liberty. The New Jersey Militia thus seeks to remove all such unlawful restraints.

"All laws which are repugnant to the Constitution are null and void."--Marbury vs. Madison, 5 US 137 (1803)

"Where rights secured by the Constitution are involved, there can be no rule making or legislation which would abrogate them."--Miranda vs. Arizona, 384 US 436

If the real trial by jury had been preserved in the courts of the United States -- that is, if we had had legal juries, and the jurors had known their rights -- it is hardly probable that one tenth of the past legislation of Congress would ever have been enacted, or, at least, that, if enacted, it could have been enforced.--Lysander Spooner

The people are the masters of both Congress and the courts, not to overthrow the Constitution, but to overthrow the men who pervert it!--Abraham Lincoln

SLAVES OR FREE MEN

In the Bill of Rights, under the 4th Amendment, it states in part, "The right of the people to be secure in their persons, houses, papers, and effects shall not be violated." This amendment clearly demonstrates to the government that the people are the sovereign. It also establishes the fact that privacy is one of the key foundation blocks of liberty. Without privacy, it is impossible for freedom to ring.

Since we are to be secure in our effects from government intrusion--how then is it possible for the government at any level to decide what we can and cannot own. Who gives anyone, including governments, the right to steal another human being's property?

Today, we are witnessing the erosion of our Second Amendment which is the right of each and every one of us to bear (own) arms. Without weapons, we the people could not effectively and lawfully organize a meaningful militia.

Let us make no mistake about it; the intent of the 2nd Amendment is to make sure the people have the means of protecting themselves from their own government should it become tyrannical. It is obvious that it has become exactly that. With the murdering spree by this government from Ruby Creek, Idaho to Waco, Texas, it is necessary for the people to hold on to their right to bear arms. Let us put to rest the notion that this is a sportsmen's issue vs. the state, it is not! Let us also put to rest the concept of the National Guard being the only militia. If it were, what defense would we the people have from our own government. This major push to outlaw weapons from the good people of this country, in the name of crime prevention, is absurd. For an example, if the Government is truly concerned about human life, it would remain neutral in foreign affairs and not use the lives of our young men for world police. Also, this government would not deny the individual the fruits of his labor through a tyrannical tax system.

Furthermore, if this government is truly concerned about the welfare of its people, it would encourage the people to own firearms to protect themselves from the criminal element in society. What is the real reason behind this massive drive to disarm the people? Common sense should tell us it will not stop crime. History dictates that every government that wanted to disarm the people planned to disempower the people, and cannot be trusted. Our government is no exception!

Remember, a free man will always bear arms.

LAW OF THE LAND

The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. There U.S. Constitution is the supreme law of the land, and any statute, to be valid, must be in agreement. It is impossible for both the Constitution and a law violating it to be valid. One must prevail. This is succinctly stated as follows:

"The general rule is that an unconstitutional statute, though having the form and name of law, is in reality no law, but is wholly void, and ineffective for any purpose. Since unconstitutionality dates from the time of its enactment, and not merely from the date of the decision so branding it, an unconstitutional law, in legal contemplation, is as inoperative as if it had never been passed. Such a statute leaves the question that it purports to settle just as it would be had the statute not been enacted.

"Because an unconstitutional law is void, the general principle follows that it imposes no duties, confers no rights, creates no office, bestows no power or authority on anyone, affords no protection, and justifies no acts performed under it...

"A void act cannot be legally consistent with a valid one. An unconstitutional law cannot operate to supersede any existing valid law. Indeed, insofar as a statute runs counter to the fundamental law of the land, it is superseded thereby.

"No one is bound to obey an unconstitutional law and no courts are bound to enforce it."

--16 American Jurisprudence 2d, Section 256

Therefore, the New Jersey Militia maintains the position that the National Firearms Act of 1934, the Gun Control Act of 1968, and the Brady Law are null and void.

ORIGIN OF
CITIZENS MILITIA

The best reason for maintaining an unorganized militia would be an immediate reduction in defense spending. Other benefits would include: reduction in crime rates, less burden to police agencies, and most importantly bring back a common responsibility to all people. Our main responsibility is to provide a safe and stable future for the children, and generations to follow.

Creating a government monopoly on small arms is a threat...that no free citizens were ever expected to endure by the people who created the United States. Many were serfs or slaves who came to America dreaming of freedom. In the lands from which they came only freemen and landowners could bear arms. It was their goal in classifying arms ownership as a God given right that no future generation would suffer the way they had...to anyone or government.

There was never supposed to be a national standing army of any sort in our nation; they were regarded as a bane to liberty. Standing armies, and those who rule them, have abused people throughout recorded history, and will again if allowed to do so. The Militia Act of 1792 required every free male citizen of fighting age to own the same type of military rifle which was used by the continental army. This fact proves that military style weapons that are under attack today are protected by what's left of the U.S. Constitution, and implies that the right to bear arms was not intended to protect arms for hunting or sporting uses.

Not allowing people arms ownership by costly registration, taxation, tort laws and eventual confiscation is a crime against humanity and free people. These methods have been used before in other nations and ultimately led to abuse of citizens...Cuba, Russia, pre-war (Nazi) Germany are a few of the many examples of abuse of this power. Not supporting or advocating ownership and training of citizens in safe, responsible use of arms is ignorance which would have grave consequences to future Americans.

THE CRIME
THAT NEVER WAS

Printed below is the heartbreaking anti-gun story that President Bill Clinton has told to audiences nationwide.

"Don't let anybody tell you that this (gun control plan) won't work. I've got a friend back home who sold a gun years ago to a guy who had escaped from a mental hospital that he hadn't seen in ten years, and he pulled out that old form from the 1968 act and said, "Have you ever been convicted of a crime, have you ever been in a mental hospital?" The guy said, "No, no," and he put the form back in the drawer, and 12 hours later six people were dead and my friend is not over it to this day Don't tell me this bill will not make a difference. That is not true. That is not true."

During his campaign, and while he was promoting his unconstitutional plan for the national registration of all handguns and the licensing of all handgun owners, Clinton retold this story over and over again. This story left many audiences on the verge of tears. Many left saying that this alone is reason enough to pass more anti-gun laws.

However, it is nothing but a BIG LIE!

The Arkansas Democrat-Gazette made a thorough search of back newspaper files and could not find any case of an escaped mental patient killing anyone in Arkansas. Col. T. L. Goodwin, director for the state police in Arkansas, says there were two mass killings back in the 1970's but that both the killers were women. Neither of these women had ever been in a mental institution much less escaped from one.

Reporters from the New York Daily News have questioned White House aides about this fantastic tale. They found that Clinton does not want to name his friend--ostensibly, so as not to cause the friend any notoriety. White House spokesmen now say that Clinton refuses to discuss the story. Nor will he divulge any further details about the case.

The truth is that the entire story is one BIG LIE from beginning to end. What we are enduring here is a lying, deceitful, immoral, decadent and totally unqualified person sitting as president.

AMERICA'S GOODNESS

The Ten Commandments are the spiritual base on which our country is founded. However, God works in mysterious ways. He used an atheist, Thomas Paine, to spread the gospel of liberty prior to and during the Revolution.

The New Jersey Militia, therefore, invites men and women, regardless of race, color or religious beliefs, interested in standing together for freedom, to join us.


"In the beginning of change, the patriot is a scarce man; brave, hated and scorned. When his cause succeeds, however, the timid join him, for then it costs nothing to be a patriot." --Mark Twain


The New Jersey Militia needs your support!! We plan to follow Thomas Jefferson's ideal to "educate and inform the whole mass of the people..."

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New Jersey Militia
P.O. Box 10176
Trenton, NJ 08650

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