From: BOBWORN@aol.com
Subject: SNET: The Second Amendment - Plain and Simple.....
Date: 18 Feb 2000 14:23:37 -0500
To: BOBWORN@aol.com


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http://www.zoomnet.net/%7Emilitia/lfnv/gunwisdm.txt
The  following quotes by the authors of the Second Amendment, their contem-
poraries, various state and federal courts, and others should be useful in the
debate over whether that amendment protects a right of individuals or only the
military.

=============================================

                        The Second Amendment states:
      "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."

========================================================

"On  every  question of construction (of the Constitution) let us  carry  our-
selves back to the time when the Constitution was adopted, recollect the spir-
it  manifested  in  the debates, and instead of trying  what  meaning  may  be
squeezed out of the text, or invented against it, conform to the probable  one
in  which it was passed." (Thomas Jefferson, letter to William  Johnson,  June
12, 1823, The Complete Jefferson, p. 322)

"The whole of the Bill (of Rights) is a declaration of the right of the people
at  large or considered as individuals.... It establishes some rights  of  the
individual  as unalienable and which consequently, no majority has a right  to
deprive them of." (Albert Gallatin of the New York Historical Society, October
7, 1789)

"The right of the people to keep and bear arms has been recognized by the Gen-
eral  Government; but the best security of that right after all is, the  mili-
tary spirit, that taste for martial exercises, which has always  distinguished
the  free  citizens of these States....Such men form the best barrier  to  the
liberties of America" - (Gazette of the United States, October 14, 1789.)

"No Free man shall ever be debarred the use of arms." (Thomas Jefferson,  Pro-
posal Virginia Constitution, 1 T. Jefferson Papers, 334,[C.J.Boyd, Ed., 1950])

"The  right of the people to keep and bear...arms shall not be  infringed.   A
well  regulated militia, composed of the body of the people, trained to  arms,
is the best and most natural defense of a free country..."  (James Madison,  I
Annals of Congress 434 [June 8, 1789])

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

"What, Sir, is the use of a militia?  It is to prevent the establishment of  a
standing army, the bane of liberty.... Whenever Governments mean to invade the
rights and liberties of the people, they  always attempt to destroy the  mili-
tia,  in  order to raise an army upon their ruins." (Rep.  Elbridge  Gerry  of
Massachusetts,  spoken during floor  debate  over  the Second  Amendment  [  I
Annals of Congress at 750 {August 17, 1789}])

"...to disarm the people - that was the best and most effectual way to enslave
them."  (George Mason, 3 Elliot, Debates at 380)

"Americans  have the right and advantage of being armed - unlike the  citizens
of  other  countries  whose governments are afraid to trust  the  people  with
arms." (James Madison, The Federalist Papers #46 at 243-244)

"the ultimate authority ... resides in the people alone," (James Madison,  au-
thor of the Bill of Rights, in Federalist Paper #46.)

"Before a standing army can rule, the people must be disarmed; as they are  in
almost  every kingdom of 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 bands of regular troops that can be, on any
pretense,  raised in the United States" (Noah Webster in `An Examination  into
the Leading Principles of the Federal Constitution', 1787, a pamphlet aimed at
swaying Pennsylvania toward ratification,  in Paul Ford, ed., Pamphlets on the
Constitution of the United States, at 56(New York, 1888))

"...if raised, whether they could subdue a Nation of freemen, who know how  to
prize  liberty, and who have arms in their hands?" (Delegate Sedgwick,  during
the  Massachusetts Convention, rhetorically asking if an  oppressive  standing
army  could prevail, Johnathan Elliot, ed., Debates in the Several State  Con-
ventions  on the Adoption of the Federal  Constitution, Vol.2 at 97  (2d  ed.,
1888))

"...but  if circumstances should at any time oblige the government to form  an
army  of any magnitude, that army can never be formidable to the liberties  of
the people, while there is a large body of citizens, little if at all inferior
to  them  in  discipline  and use of arms, who stand  ready  to  defend  their
rights..."  (Alexander Hamilton speaking of standing armies in Federalist 29.)

"Besides  the advantage of being armed, which the Americans possess  over  the
people  of almost every other nation. . . Notwithstanding the military  estab-
lishments  in the several kingdoms of Europe, which are carried as far as  the
public  resources  will bear, the governments are afraid to trust  the  people
with arms." (James Madison, author of the Bill of Rights, in Federalist  Paper
No. 46.)

"As civil rulers, not having their duty to the people before them, may attempt
to tyrannize, and as the military forces which must be occasionally raised  to
defend  our country, might pervert their power to the injury of  their  fellow
citizens,  the people are confirmed by the article in their right to keep  and
bear  their private arms."  (Tench Coxe in `Remarks on the First Part  of  the
Amendments to the Federal Constitution' under the Pseudonym `A  Pennsylvanian'
in the Philadelphia Federal Gazette, June 18, 1789 at 2 col. 1)

"Congress have no power to disarm the militia.  Their swords, and every  other
terrible  implement of the soldier, are the birthright of an American...   The
unlimited  power  of the sword is not in the hands of either  the  federal  or
state government, but, where I trust in God it will ever remain, in the  hands
of the people"  (Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788)

"The  prohibition is general. No clause in the Constitution could by any  rule
of construction be conceived to give to Congress a power to disarm the people.
Such a flagitious attempt could only be made under some general pretense by  a
state  legislature.  But if in any blind pursuit of inordinate  power,  either
should attempt it, this amendment may be appealed to as a restraint on  both."
[William Rawle, A View of the Constitution 125-6 (2nd ed. 1829)

"I ask, sir, what is the militia?  It is the whole people, except for few pub-
lic officials."  (George Mason, 3 Elliot, Debates at 425-426)

"The  Constitution  shall never be construed....to prevent the people  of  the
United States who are peaceable citizens from keeping their own arms"  (Samuel
Adams, Debates and Proceedings in the Convention of the Commonwealth of Massa-
chusetts, 86-87)

"To  preserve  liberty, it is essential that the whole body of  people  always
possess  arms,  and be taught alike especially when young, how to  use  them."
(Richard  Henry Lee, 1788, Initiator of the Declaration of  Independence,  and
member  of the first Senate, which passed the Bill of Rights, Walter  Bennett,
ed., Letters from the Federal Farmer to the Republican, at 21,22,124 (Univ. of
Alabama Press,1975)..)

"The  great object is that every man be armed" and "everyone who is  able  may
have a gun." (Patrick Henry, in the Virginia Convention on the ratification of
the  Constitution.  Debates  and  other  Proceedings  of  the  Convention   of
Virginia,...taken  in shorthand by David Robertson of Petersburg, at 271,  275
2d ed.  Richmond, 1805.  Also 3 Elliot, Debates at 386)

"The  people  are not to be disarmed of their weapons. They are left  in  full
possession of them." (Zachariah Johnson, 3 Elliot, Debates at 646)

"Are we at last brought to such humiliating and debasing degradation, that  we
cannot be trusted with arms for our defense?  Where is the difference  between
having  our arms in possession and under our direction, and having them  under
the management of Congress?  If our defense be the real object of having those
arms, in whose hands can they be trusted with more propriety, or equal  safety
to us, as in our own hands?" (Patrick Henry, 3 J. Elliot, Debates in the  Sev-
eral State Conventions 45, 2d ed. Philadelphia, 1836)

"The best we can hope for concerning the people at large is that they be prop-
erly armed."  (Alexander Hamilton, The Federalist Papers at 184-8)

"That the said Constitution shall never be construed to authorize Congress  to
infringe the just liberty of the press or the rights of conscience; or to pre-
vent  the people of The United States who are peaceable citizens from  keeping
their own arms..." (Samuel Adams, Debates and Proceedings in the Convention of
the  Commonwealth  of Massachusetts, at 86-87 (Peirce  & Hale,  eds.,  Boston,
1850))

"And  what  country can preserve its liberties, if its rulers are  not  warned
from  time  to time that this people preserve the spirit of  resistance?   Let
them  take  arms....The tree of liberty must be refreshed from time  to  time,
with the blood of patriots and tyrants" (Thomas Jefferson in a letter to  Wil-
liam S. Smith in 1787.  Taken from Jefferson, On Democracy 20, S. Padover ed.,
1939)

"Guard  with jealous attention the public liberty.  Suspect everyone  who  ap-
proaches  that jewel.  Unfortunately, nothing will preserve it  but  downright
force.   Whenever you give up that force, you are inevitably ruined"  (Patrick
Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Phila-
delphia, 1836)

"The strongest reason for people to retain the right to keep and bear arms is,
as  a  last resort, to protect themselves against tyranny in  government."  --
(Thomas Jefferson)

"Firearms  stand next in importance to the Constitution itself.  They are  the
American  people's liberty teeth and keystone under independence ... From  the
hour the Pilgrims landed, to the present day, events, occurrences, and tenden-
cies prove that to insure peace, security and happiness, the rifle and  pistol
are equally indispensable . . . The very atmosphere of firearms everywhere re-
strains  evil interference  - they deserve a place of honor with all  that  is
good" (George Washington)

"A  strong body makes the mind strong.  As to the species of exercises, I  ad-
vise the gun.  While this gives moderate exercise to the body, it gives  bold-
ness,  enterprise, and independence to the mind.  Games played with  the  ball
and others of that nature, are too violent for the body and stamp no character
on the mind.  Let your gun therefore be the constant companion of your  walks.
(Thomas  Jefferson,  Encyclopedia of T. Jefferson, 318 [Foley,  Ed.,  reissued
1967])

"The supposed quietude of a good mans 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])

"...the  people are confirmed by the next article in their right to  keep  and
bear  their  private arms" (from article in the Philadelphia  Federal  Gazette
June 18, 1789 at 2, col.2,)

"Those,  who  have  the command of the arms in a country are  masters  of  the
state,  and  have  it in their power to make  what  revolutions  they  please.
[Thus,] there is no end to observations on the difference between the measures
likely  to be pursued by a minister backed by a standing army, and those of  a
court  awed  by the fear of an armed people." (Aristotle, as  quoted  by  John
Trenchard and Water Moyle, An Argument Shewing, That a Standing Army Is Incon-
sistent with a Free Government, and Absolutely Destructive to the Constitution
of the English Monarchy [London, 1697])

"No  kingdom can be secured otherwise than by arming the people.  The  posses-
sion  of arms is the distinction between a freeman and a slave.  He,  who  has
nothing,  and who himself belongs to another, must be defended by  him,  whose
property  he is, and needs no arms.  But he, who thinks he is his own  master,
and  has what he can call his own, ought to have arms to defend  himself,  and
what  he  possesses; else he lives precariously, and  at  discretion."  (James
Burgh,  Political Disquisitions: Or, an Enquiry into Public  Errors,  Defects,
and Abuses [London, 1774-1775])

"Men that are above all Fear, soon grow above all Shame." (John Trenchard  and
Thomas Gordon, Cato's Letters: Or, Essays on Liberty, Civil and Religious, and
Other Important Subjects [London, 1755])

"The  difficulty here has been to persuade the citizens to keep arms,  not  to
prevent  them from being employed for violent purposes." (Dwight,  Travels  in
New-England)

"What country can preserve it's liberties if their rulers are not warned  from
time  to time that their people preserve the spirit of resistance.   Let  them
take  arms." (Thomas Jefferson to James Madison, Dec. 20, 1787, in  Papers  of
Jefferson, ed. Boyd et al.)

(The  American Colonies were) "all democratic governments, where the power  is
in  the  hands of the people and where there is not the  least  difficulty  or
jealousy about putting arms into the hands of every man in the country.   (Eu-
ropean countries should not) be ignorant of the strength and the force of such
a form of government and how strenuously and almost wonderfully people  living
under  one  have sometimes exerted themselves in defence of their  rights  and
liberties  and how fatally it has ended with many a man and many a  state  who
have entered into quarrels, wars and contests with them." [George Mason,  "Re-
marks  on Annual Elections for the Fairfax Independent Company" in The  Papers
of George Mason, 1725-1792, ed Robert A. Rutland (Chapel Hill, 1970)]

"To  trust arms in the hands of the people at large has, in Europe,  been  be-
lieved...to  be an experiment fraught only with danger.  Here by a long  trial
it has been proved to be perfectly harmless...If the government be  equitable;
if it be reasonable in its exactions; if proper attention be paid to the  edu-
cation of children in knowledge and religion, few men will be disposed to  use
arms, unless for their amusement, and for the defence of themselves and  their
country." (Timothy Dwight, Travels in New England and NewYork [London 1823]

"It  is not certain that with this aid alone [possession of arms], they  would
not be able to shake off their yokes.  But were the people to posses the addi-
tional advantages of local governments chosen by themselves, who could collect
the  national will, and direct the national force; and of  officers  appointed
out of the militia, by these governments and attached both to them and to  the
militia,  it may be affirmed with the greatest assurance, that the  throne  of
every tyranny in Europe would be speedily overturned, in spite of the  legions
which surround it." (James Madison, "Federalist No. 46")

"The  right of the citizens to keep and bear arms has justly been  considered,
as the palladium of the liberties of a republic; since it offers a strong mor-
al check against the usurpation and arbitrary power of rulers; and will gener-
ally, even if these are successful in the first instance, enable the people to
resist and triumph over them.  And yet, though this truth would seem so clear,
and  the importance of a well regulated militia would seem so  undeniable,  it
cannot be disguised, that among the American people there is a growing  indif-
ference to any system of militia discipline, and a strong disposition, from  a
sense of its burthens, to be rid of all regulations.  How it is practicable to
keep the people duly armed without some organization, it is difficult to  see.
There is certainly no small danger, that indifference may lead to disgust, and
disgust to contempt; and thus gradually undermine all the protection  intended
by this clause of our national bill of rights." (Joseph Story, Commentaries on
the  Constitution of the United States; With a Preliminary Review of the  Con-
stitutional History of the Colonies and States before the Adoption of the Con-
stitution [Boston, 1833])

"The tank, the B-52, the fighter-bomber, the state-controlled police and mili-
tary  are the weapons of dictatorship.  The rifle is the weapon of  democracy.
If  guns are outlawed, only the government will have guns.  Only  the  police,
the secret police, the military.  The hired servants of our rulers.  Only  the
government-and a few outlaws.  I intend to be among the outlaws." (Edward  Ab-
bey, "The Right to Arms," Abbey's Road [New York, 1979])

"You are bound to meet misfortune if you are unarmed because, among other rea-
sons, people despise you....There is simply no comparison between a man who is
armed  and  one who is not.  It is unreasonable to expect that  an  armed  man
should obey one who is unarmed, or that an unarmed man should remain safe  and
secure when his servants are armed.  In the latter case, there will be  suspi-
cion  on  the  one  hand  and  contempt  on  the  other,  making   cooperation
impossible." (Niccolo Machiavelli in "The Prince")

"You  must understand, therefore, that there are two ways of fighting: by  law
or by force.  The first way is natural to men, and the second to beasts.   But
as  the first way often proves inadequate one must needs have recourse to  the
second." (Niccolo Machiavelli in "The Prince")

"As much as I oppose the average person's having a gun, I recognize that  some
people  have a legitimate need to own one.  A wealthy corporate executive  who
fears his family might get kidnapped is one such person.  A Hollywood celebri-
ty  who has to protect himself from kooks is another.  If Sharon Tate had  had
access  to  a gun during the Manson killings, some innocent lives  might  have
been  saved."  [Joseph D. McNamara (San Jose, CA Police Chief), in  his  book,
Safe and Sane, (c) 1984, p. 71-72.]

"To  prohibit a citizen from wearing or carrying a war arm . . . is an  unwar-
ranted  restriction upon the constitutional right to keep and bear  arms.   If
cowardly and dishonorable men sometimes shoot unarmed men with army pistols or
guns, the evil must be prevented by the penitentiary and gallows, and not by a
general  deprivation of constitutional privilege."  [Wilson v. State, 33  Ark.
557, at 560, 34 Am. Rep. 52, at 54 (1878)]

For, in principle, there is no difference between a law prohibiting the  wear-
ing  of concealed arms, and a law forbidding the wearing such as are  exposed;
and if the former be unconstitutional, the latter must be so likewise.  But it
should  not be forgotten, that it is not only a part of the right that is  se-
cured by the constitution; it is the right entire and complete, as it  existed
at  the adoption of the constitution; and if any portion of that right be  im-
paired, immaterial how small the part may be, and immaterial the order of time
at which it be done, it is equally forbidden by the constitution." [Bliss  vs.
Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822)]

" `The right of the people to keep and bear arms shall not be infringed.'  The
right of the whole people, old and young, men, women and boys, and not militia
only,  to keep and bear arms of every description, and not such merely as  are
used  by the milita, shall not be infringed, curtailed, or broken in upon,  in
the  smallest degree; and all this for the important end to be  attained:  the
rearing  up and qualifying a well-regulated militia, so vitally  necessary  to
the security of a free State.  Our opinion is that any law, State or  Federal,
is  repugnant  to the Constitution, and void, which contravenes  this  right."
[Nunn vs. State, 1 Ga. (1 Kel.) 243, at 251 (1846)]

"The  provision in the Constitution granting the right to all persons to  bear
arms is a limitation upon the power of the Legislature to enact any law to the
contrary.  The  exercise of a right guaranteed by the Constitution  cannot  be
made subject to the will of the sheriff."  [People vs. Zerillo, 219 Mich. 635,
189 N.W. 927, at 928 (1922)]

"The  maintenance of the right to bear arms is a most essential one  to  every
free  people  and  should not be whittled down  by  technical  constructions."
[State vs. Kerner, 181 N.C. 574, 107 S.E. 222, at 224 (1921)]

"The  right  of a citizen to bear arms, in lawful defense of  himself  or  the
State,  is absolute.  He does not derive it from the State government.  It  is
one  of the "high powers" delegated directly to the citizen, and `is  excepted
out of the general powers of government.'  A law cannot be passed to  infringe
upon or impair it, because it is above the law, and independent of the lawmak-
ing power."  [Cockrum v. State, 24 Tex. 394, at 401-402 (1859)]

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