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- The Founding Fathers On
The Second Amendment
- 3-27-1
- 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."
- Quotes
- "On every question of construction (of the Constitution) let us
carry our-selves back to the time when the Constitution was adopted, recollect the spirit
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 General Government; but the best security of that right after all is, the military
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, Proposal 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 include 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 militia,
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, author 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 Conventions 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
establishments 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 public 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 Massachusetts, 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 Several State Conventions 45, 2d
ed. Philadelphia, 1836)
- "The best we can hope for concerning the people at large is that
they be properly 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
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 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 William S. Smith in 1787.
Taken from Jefferson, On Democracy 20, S. Padover ed.,1939)
- "Guard with jealous attention the public liberty. Suspect everyone
who approaches 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. Philadelphia, 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 tendencies prove that to
insure peace, security and happiness, the rifle and pistol are equally indispensable ...
The very atmosphere of firearms everywhere restrains 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 advise the gun. While this gives moderate exercise to the body, it gives
boldness, 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 Inconsistent 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
possession 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. (European
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 defense 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, "Remarks 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 believed...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 education of children in knowledge
and religion, few men will be disposed to use arms, unless for their amusement, and for
the defense of themselves and their country." (Timothy Dwight, Travels in New England
and New York [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
additional 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
moral check against the usurpation and arbitrary power of rulers; and will generally, 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 indifference to any system of militia discipline, and a
strong disposition, from a sense of its burdens, 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 Constitutional History
of the Colonies and States before the Adoption of the Constitution
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