Please read this clear, cogent and irrefutable argument which the Maryland League of the South's chaplain Pastor David Whitney would have made in testimony before the Maryland State Senate's Judicial Proceedings Committee had he been permitted to do so.  

Pastor Whitney testifies in Annapolis against the Gun Grabbing Legislation of Martin O’Malley

February 7, 2013 · Pastor David Whitney

 

Pastor Whitney joined by thousands in protest of Gun Grabbing Legislation

I was joined by thousands on Wednesday Feb 6th to voice our strong opposition to the Governor’s unconstitutional, that it to say, illegal gun confiscation bill. After waiting for 12 hours, much of that time standing, I was the last one attempting to give testimony to the Senate Judicial Proceedings Committee. As I began I was gaveled down by the Chairman, Senator Frosh, who refused to allow me or the hundreds after me to speak, we were only to state our names and where we were from. If I had been allowed to speak, what follows are the remarks I would have made.

SB 281 Firearms Safety Act of 2013
Opposed

Honorable Chairman and Senators, I am Pastor David Whitney Senior Instructor at Institute On The Constitution where I teach the only course available anywhere on the Maryland State Constitution. I oppose this bill because it clearly and directly violates two specific provisions of the Maryland State Constitution. The first provision is from the Declaration of Rights Article 28

Art. 28. That a well regulated Militia is the proper and natural defence of a free Government.

What is critical to answer then is, what is the Militia? It is critical because our Constitution says if we do not have a well regulated Militia then we do not have the natural and proper defence of a free Government. This clearly implies that a tyrannical Government which destroys the liberties of the people will arise without a well regulated Militia. The word Militia had a clear meaning when our Constitution was ratified. Websters 1828 gives the definition as;

The militia of a country are the able bodied men organized into companies, regiments and brigades, with officers of all grades, and required by law to attend military exercises on certain days only, but at other times left to pursue their usual occupations.

In other words the Militia is the citizens of the State of Maryland. Now take that thought and consider it in the light of the body of the Maryland State Constitution Article IX

SECTION 1. The General Assembly shall make, from time to time, such provisions for organizing, equipping and disciplining the Militia, as the exigency may require, and pass such Laws to promote Volunteer Militia organizations as may afford them effectual encouragement.

The word “shall” does not give the State Legislature an option, you must make “provisions for, organizing, equipping” – and that would be with military grade firearms at minimum – as well as “Disciplining the Militia.” This bill does the exact opposite of the requirements of our State Constitution, instead of arming, it disarms the Militia. In addition Article IX Sec 1 requires you to pass laws which would “promote Volunteer Militia organizations” to the end of “affording them effectual encouragement.”

This bill does the opposite of that as well. Therefore this bill is patently unconstitutional. If passed by this body and the House and even signed by the Governor, this bill would not be law in the State of Maryland. It cannot be law unless you first amend out of the Constitution both Declaration of Rights Art. 28 and Art IX Sec 1.

So unless you amend the State Constitution, all those who are sworn to uphold this Constitution as well as all the citizens of this state have a moral obligation to oppose any application of this law including even to the point of using of force. Why? Because the citizens and oath takers must uphold the law – the Militia must never be disarmed, to do so would be the height of tyranny.
On a personal note, remember that you swore an oath to Almighty God to uphold this Constitution. To give a favorable report on this bill will be to violate your oath, showing you are not only unfit for this office, but that you are bound for the last judgment with the curse of oath breaking hanging over you. I ask for your own sake, for the sake of maintaining lawful government in Maryland return an unfavorable report.

     

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Taking a Stand for Maryland's History

In St. Mary's County citizens are waging a campaign to honor a Maryland hero.  They are asking only that a new school be named for him.  So much of Maryland's proud history has been lost to the ages much as Captain Walter Duke, flying ace, was lost for so many decades in the Burmese jungle. I think it appropriate that we take a moment to pay tribute to one of our fallen Southern warriors.    The following was written by Maryland LS member G. P. Wigginton. 

 

A Maryland Fighting Man Comes Home

On 6 August 1921, in St. Mary's County, Maryland, Walter Francis Duke was born into an old Leonardtwon family.  With eight brothers and sisters, he grew up and became a popular, talented and sincere young man.  His father, "Colonel" Duke, and grandfather, Confederate veteran and Point Lookout POW John Francis Duke, were highly respected civic leaders in Leonardtown, and young Walter learned well from them, forming an intense martial spirit and sense of responsibility. 

 

Walter graduated from high school in May 1940 and left home shortly thereafter to join the Royal Canadian Air Force. He learned to fly, sharpened his skills, transferred to the United States Army Air Force in March of 1942, trained more in Alabama, and by spring of 1943 was in India. There, given new formidable Lockheed Lightning P-38 s, he became the leading ace not only of his unit, the 459^th Fighter Squadron, but of the entire China-Burma-India theater. On 6 June 1944, now Captain Duke, returning from a mission, flew back over the Burma jungle to seek out a missing wingman. Walter found him, was satisfied that he was safe, and radioed, “Ok, I’m going home.” This was his last transmission; he was never seen again. It later transpired that a swarm of Japanese fighters pounced on him and that Walter turned into them and knocked three down before they got him. His Lightning crashed and was lost in the vast, almost impenetrable jungle.

In December of 2012 a timber crew, clearing the Burmese forest, found the old wreckage of an American fighter plane. In the cockpit were human remains. The authorities verified that the plane was the one flown by Captain Walter Duke, and DNA analysis confirmed that the pilot was definitely he. It seems that after two-thirds of a century Walter’s last words will be fulfilled: He’s coming home – and he’ll rest in the 18^th century Catholic graveyard near his hometown rather than in some fetid, alien jungle.

He is still, we understand, Maryland’s leading ace. He was officially credited with ten air combat victories and that does not count the three he nailed in his last minutes of life. He also destroyed nine more planes on the ground. A combat report, with uncharacteristic levity, mentioned that Captain Duke scored another coup in that while fiercely strafing an enemy airfield, he managed to shoot up one hostile black sedan.

Some community leaders are requesting that a new school be named for Captain Duke. This is good. By rights there should be one so named already. He’s no more a hero now than he was twenty, thirty, or forty years ago. However, Captain Duke was a warrior, a local boy informed by true patriotism, and proud of his valiant grandfather. All this does not endear him to modernists, so that even though old St. Mary’s County never forgot him, many deracinated young Countians and “right thinking” new people have not even heard of him. But no matter, because whatever else may occur, his final homecoming will be attended by the comforting rites of his ancient church, the condign honors afforded him by the military, and the consoling knowledge that a Marylander will at last be where he belongs: interred with his ancestors in St. Mary’s County.

With apologies to Ennius for the necessary changes, I “quote” his apt aphorism:

Moribus antiquis res stetit Terra Mariae vetus virisque.

Roughly: On ancient codes and on real men stood old Maryland.

G.P.Wigginton