The Founders' Second Amendment Quotes
The Founders' Second Amendment: Origins of the Right to Bear Arms
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The Founders' Second Amendment Quotes
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“Another source of power in government is a military force. But this, to be efficient, must be superior to any force that exists among the people, or which they can command; for otherwise this force would be annihilated, on the first exercise of acts of oppression. Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive.46”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Mason’s tract began: “There is no Declaration of Rights; and the laws of the general Government being paramount to the Laws & Constitutions of the several States, the Declarations of Rights in the separate States are no Security.”41”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Franklin looked at the painting of a rising sun behind the president’s chair and observed to those sitting around him: “I have often and often, in the course of the session, and the vicissitudes of my hopes and fears as to its issue, looked at that behind the president, without being able to tell whether it was rising or setting; bur now, at length, I have the happiness to know that it is a rising, not a setting sun.”40”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“When in 1774 the rulers of Boston dared even to consider disarming the inhabitants, thousands of armed citizens felt justified in assembling and marching into town to demonstrate their opposition. The Founders considered a ban on importation of firearms and ammunition to violate the right to obtain and possess arms.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“a Demoniac being left in a Room, in which were 18 loaded Muskets,” shot three men and wounded another with a sword, “upon which the People present, without further Ceremony, shot him dead.”151 For the Founders, the right of the subject to be armed for defense of self and the community was necessary to suppress such tragedies—they never imagined a world in which they would be disarmed for the supposed benefit of preventing access to weapons by madmen.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“free State" is not some elusive "collective" that is more than the sum of its individual parts. Webster defined "free" in part as follows: "In government, not enslaved; not in a state of vassalage or dependence; subject only to fixed laws, made by consent, and to a regular administration of such laws; not subject to the arbitrary will of a sovereign or lord; as a free state, nation or people.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Consistent with the meaning of "bear arms" as carrying weapons on the person, Webster defined "pistol" as "a small fire-arm, or the smallest fire-arm used . . . . Small pistols are carried in the pocket."18 An arms historian notes: "Among eighteenth-century civilians who traveled or lived in large cities, pistols were common weapons. Usually they were made to fit into pockets, and many of these small arms were also carried by military officers.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“The term "bear," according to Noah Webster, meant "to carry" or "to wear; to bear as a mark of authority or distinction; as, to bear a sword, a badge, a name; to bear arms in a coat.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Webster defined "keep" in part as: 1. To hold; to retain in one's power or possession; not to lose or parr with; as, to keep a house or a farm . . . . 2. To have in custody for security or preservation . . . . 3. To preserve; to retain.8 Webster's following further definition seems particularly apropos to the right to keep arms: "To have in the house”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Webster defined "people" as "persons in general."4 Webster's An American Dictionary of the English Language (1828) was adopted as the standard by Congress and the American people and became the accepted norm even in England.5 Webster there defined "the people" as "the commonalty, as distinct from men of rank.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“There is a single reference to the members of the House of Representatives being "chosen every second Year by the People of the several States," but this is qualified by the additional clause that "the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature." That meant the voters rather than the people at large.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Jefferson continued about some of its "important principles: The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, in all cases to which they think themselves competent, . . . that it is their right and duty to be at all times armed; that they are entitled to freedom of person, freedom of religion, freedom of property, and freedom of the press.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“In retirement at Monticello, Jefferson again had ample time for hunting, and he was a true sportsman. His servant Isaac recalled: Mr. Jefferson used to hunt squirrels and partridges; kept five or six guns. Oftentimes carred Isaac wid him. Old Master wouldn't shoot partridges settin'. Said "he wouldn't take advantage of 'em"—would give 'em a chance for thar life. Wouldn't shoot a hare settin', nuther; skeer him up fust.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Jefferson acquired arms in the same manner as he sought learned books and fine wines. His memorandum books kept between 1768 and 1823 show numerous references to the acquisition of pistols, guns, muskets, rifles, fusils, gun locks, and other gun parts; the repair of firearms; and the acquisition of shot, gunpowder, powder flasks, and cartridge boxes.40 Included were a pair of "Turkish pistols . . . so well made that I never missed a squirrel at 30 yds. with them.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“None but an armed nation can dispense with a standing army," Jefferson wrote in 1803. "To keep ours armed and disciplined is therefore at all times important.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Washington's last will and testament included the following: "To General de la Fayette I give a pair of finely wrought steel pistols, taken from the enemy in the Revolutionary war."32 Washington died in 1799, and the inventory of his estate lists seven swords and seven guns in the study, "1 pr Steel Pistols" and "3 pr Pistols" in an iron chest, "1 Old Gun" in the storehouse, and one gun at the River Farm.33 Patrick Henry died a few months earlier, also in 1799, and the inventory of his estate includes "1 large Gun" and "1 pr. pistols.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Congregationalist minister Timothy Dwight, who had been a chaplain in the Continental army during the Revolution and served as president of Yale College from 1795 to 1817, synthesized American concepts of arms possession as a right and a duty in his 1821 commentary of American life and institutions as follows: In both New-England, and New-York, every man is permitted, and in some, if not all the States, is required to possess fire arms. To trust arms in the hands of the people at large has, in Europe, been believed . . . to be an experiment, fraught only with danger. Here by a long trial it has been proved to be perfectly harmless: neither public nor private evils having ever flowed from this source, except in instances of too little moment to deserve any serious regard.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“New York politician and physician Samuel Latham Mitchill, in an address the year after passage of the Militia Act, noted that the militia "proceeds upon the principle, that they who are able to govern, are also capable of defending themselves. The keeping of arms, is therefore, not only not prohibited, but is positively provided for by law . . . . " 'These weapons serve for the defence of the life and property of the individual against the violent or burglarious attacks of thieves, a description of persons happily very small among us.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“The act provided that each militiaman must provide himself with arms, ammunition, and accouterments as follows: That every citizen so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch with a box therein to contain not less than twenty-four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball: or with a good rifle, knapsack, shot-pouch and powder-horn, twenty balls suited to the bore of his rifle and a quarter of a pound of powder; and shall appear, so armed, accoutred and provided, when called out to exercise, or into service . . . .53 There is no mistaking the act's above language that "every citizen so enrolled . . . shall . . . provide himself with a good musket or firelock." Over two centuries later, a revisionist history purported to quote the act as having read that "every citizen so enrolled, shall . . . be constantly provided with a good musket or firelock," and then asserted that "Congress took upon itself the responsibility of providing those guns."54 Neither statement was true.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“John Laurance of New York defined the militia as "every man in the states who is capable of performing military duty, though not actually enrolled in any particular body," noting that "when the constitution was framed, some states were as yet unprovided with militia laws." Accordingly, "the militia must mean all persons without exception, who are capable of bearing arms in defence of their country . . . ."48 He argued that if conscientious objectors were to be exempted, it must be by state law, not the federal enactment—the view that would prevail.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Jackson opined that anyone objecting to militia duty should pay an equivalent, for "bearing arms was one of the most important duties we owe to society. One great object men have in view, by forming themselves into a state of civil society, is to protect their persons and property; to afford this protection it is necessary . . . that every one either give his personal assistance, or pay an equivalent for it.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“James Jackson of Georgia argued that "the people of America would never consent to be deprived of the privilege of carrying arms. Tho it may prove burdensome to some individuals to be obliged to arm themselves, yet it would not be so considered when the advantages were justly estimated." He noted some positive historical examples: The Swiss cantons owed their emancipation to their militia establishment—The English cities rendered themselves formidable to the Barons, by putting arms into the hands of their militia—and when the militia united with the Barons, they extorted Magna Charta from King John—In France we recently see the same salutary effects from arming the militia—In England, the militia has of late been neglected—the consequence is a standing army . . . . In a Republic every man ought to be a soldier, and be prepared to resist tyranny and usurpation, as well as invasion, and to prevent the greatest of all evils—a standing army.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“The right to keep arms in the home is fundamental to this tradition. Wilson discussed justifiable homicide when necessary to defend one's home as follows: "Every man's house is his castle," says my Lord Coke, in one of his reports, "and he ought to keep and defend it at his peril; and if any one be robbed in it, it shall be esteemed his own default and negligence." For this reason, one may assemble people together in order to protect and defend his house.80”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“One of the People" replied to Coxe in "On a Bill of Rights," arguing "the very idea of a bill of rights" to be "a dishonourable one to freemen." "What should we think of a gentleman, who upon hiring a waiting-man, should say to him 'my friend, please take notice, before we come together, that I shall always claim the liberty of eating when and what I please, of fishing and hunting upon my own ground, of keeping as many horses and hounds as I can maintain, and of speaking and writing any sentiments upon all subjects."’ The government had no power to interfere with individual liberties without a specific delegation, just as "a master reserves to himself . . . everything else which he has not committed to the care of those servants.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Some die-hard federalists continued to scorn declarations of rights. Representative Fisher Ames of Massachusetts privately quipped: Mr. Madison has introduced his long expected amendments. . . . He has hunted up all the grievances and complaints of newspapers, all the articles of conventions, and the small talk of their debates. It contains a bill of rights, the right of enjoying property, of changing the government at pleasure, freedom of the press, of conscience . . . . Oh! I had forgot, the right of the people to bear arms.24”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Madison thus saw the rights he would propose, such as freedom of the press and keeping and bearing arms, as not involving the structure or powers of government but as involving private rights. The "fallacy" of the English Declaration was that it was a mere legislative act that Parliament could repeal; by contrast, the American bill of rights would be part of the Constitution and not subject to repeal by Congress”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“It is worth noting as an aside that, as a young lawyer in 1771, Iredell wrote the following in a letter to his mother, capturing the sentiments of his generation about a right that went unquestioned: Be not afraid of the Pistols you have sent me. They may be necessary Implements of self Defence, tho’ I dare say I shall never have Occasion to use them . . . . It is a Satisfaction to have the means of Security at hand if we are in no danger, as I never expect to be. Confide in my prudence and self regard for a proper use of them, and you need have no Apprehension.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“The guarantee of the North Carolina Constitution that "the People have a right to bear Arms for the Defence of the State"39 was understood as protecting the right of "a citizen"—a person, not a collective—"of keeping arms for his own defence." A chief objection to the Constitution in North Carolina was exemplified in a federalist's account of a sermon that mentioned the proposed federal capital: '"This, my friends,’ said the preacher, 'will be walled in or fortified. Here an army of 50,000, or perhaps 100,000 will be finally embodied, and will sally forth and enslave the people, who will be gradually disarmed.’ This absurd assumption set our blood in fermentation strongly excited already in party feeling.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Thus, "the people" had a right to religious freedom and to have arms. Regarding the latter, New York followed Virginia in beginning with the declaration "that the people have a right to keep and bear arms," and then including a separate clause declaring the militia to be necessary for a free state. While Virginia referred to the militia as "composed of the body of the people, trained to arms,"27 New York characterized the militia as "including the body of the people capable of bearing arms.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
“Virginia had taken the decisive step—this large and influential state ratified the Constitution but was committed to use her great influence to demand a bill of rights. The remaining states, both large (New York and North Carolina) and small (Rhode Island and the future state of Vermont), would ratify the Constitution and follow Virginia in insisting that individual rights be declared.”
― The Founders' Second Amendment: Origins of the Right to Bear Arms
― The Founders' Second Amendment: Origins of the Right to Bear Arms
