http://www.transpartisanreview.org/bear-arms/
Regarding weapons, both slaves and free blacks were prohibited from owning weapons from an early date in Virginia. For example, in 1640, a Virginia law imposed a total firearms ban, including for self-defense, on all “Negroes, slaves and free . . . .” Similar total bans were enacted in 1640 and 1712 (“An Act for Preventing Negroe Insurrections”). At some point, restrictions on possession of firearms was loosened for free blacks in some areas to permit them to possess a firearm for defense of their home, but only if they were able to obtain a permit from the county sheriff, which was revocable. Free blacks never had the same access to firearms as white men had in Colonial Virginia.(15)
The other means to manage the risks of slave rebellion used in pre-Bill of Rights Virginia, and the other southern slave states, was the militia. Generally, white males between the ages of 18 and 45 were required to serve in the militias. (In Virginia, free blacks could join, but only as drummers or buglers. In South Carolina, free blacks were not permitted to join.). These militias were known as “slave patrols” and made periodic inspections of “all Negro houses for offensive weapons and ammunition.” In the southern colonies “well regulated militias” kept slaves in their place. They were used to prevent and put down slave uprisings. White control of the militias was essential for the maintenance of the slave economies of the southern colonies.
The backdrop of the drafting of the 2nd Amendment by Madison and others is important here;
"In the first draft of what became the Second Amendment, Madison wrote:James Madison, author of the Second Amendment.
The right of the people to keep and bear arms shall not be infringed: a well armed, and well regulated militia being the best security of a free country but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person. (Emphasis added).(22)
But Patrick Henry, George Mason and others wanted clear language preserving the state slave-patrol militias from federal interference. To accommodate them, Madison changed the language to read this way:
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. (Emphasis added).(23)
This provision was included as the fourth of twelve articles submitted by Congress to the states for ratification. On December 15, 1791, in the midst of the largest and most violent slave insurrection in history, which was then underway in San Domingue (now Haiti),Virginia voted to ratify all of the proposed articles.Virginia’s vote brought the total number of votes for articles three through twelve to the number required to ratify those articles. As a number of states failed to ratify the first and second Articles the proposed fourth article became the Second Amendment in the final ten which became the Bill of Rights.
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At the Virginia Ratifying Convention in 1788, Patrick Henry, considered the most persuasive speaker in the Colonies, put his opposition to ratification in these words:
Let me here call your attention to that part [Article 1, Section 8] which gives Congress power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States. . . . By this sir, you see that their control over our last best defence is unlimited.(17)
The 10th section of the 1st article . . . says, that ‘no state shall engage in war, unless actually invaded. . . .’
If the country be invaded, a state may go to war, but cannot suppress [slave] insurrection. If there should happen an insurrection of slaves, the country cannot be said to be invaded. They cannot, therefore, suppress it without the interposition of Congress.(18) (Emphasis
what out of context crap.
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.
There are other things so clearly out of the power of Congress, that the bare recital of them is sufficient, I mean the "...rights of bearing arms for defence, or for killing game..." These things seem to have been inserted among their objections, merely to induce the ignorant to believe that Congress would have a power over such objects and to infer from their being refused a place in the Constitution, their intention to exercise that power to the oppression of the people. —ALEXANDER WHITE (1787)
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 p. 20, S. Padover ed., 1939
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 militia, 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)]
A state may not impose a charge for the enjoyment of a right granted by the federal constitution... The power to impose a license tax on the exercise of these freedoms is indeed as potent as the power of censorship which this Court has repeatedly struck down... a person cannot be compelled 'to purchase, through a license fee or a license tax, the privilege freely granted by the constitution.' —MURDOCK V. PENNSYLVANIA 319 US 105 (1942)
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 lawmaking power." [Cockrum v. State, 24 Tex. 394, at 401-402 (1859)]
The congress of the United States possesses no power to regulate, or interfere with the domestic concerns, or police of any state: it belongs not to them to establish any rules respecting the rights of property; nor will the constitution permit any prohibition of arms to the people; or of peaceable assemblies by them, for any purposes whatsoever, and in any number, whenever they may see occasion. —ST. GEORGE TUCKER'S BLACKSTONE
The right of citizens to bear arms is just one more guarantee against arbitrary government, one more safeguard against tyranny, which though now appears remote in America, history has proven to be always possible. — Senator Hubert H. Humphrey
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 (#28)
The constitutions of most of our States assert that all power is inherent in the people; that... it is their right and duty to be at all times armed;... — Thomas Jefferson to Justice John Cartwright, 1824. ME 16:45.
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
Some writers have so confounded society with government, as to leave little or no distinction between them; whereas they are not only different, but have different origins ... Society is in every state a blessing, but Government, even in its best state, is but a necessary evil; in its worst state, an intolerable one. — THOMAS PAINE
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
I ask, sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them. — George Mason, during Virginia's Convention to Ratify the Constitution (1788)
There are more instances of the abridgement of the freedom of the people by the gradual and silent encroachment of those in power, than by violent and sudden usurpation. — James Madison
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)
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.
Our safety, our liberty depends on preserving the Constitution of the United States as our fathers made it inviolate. The people of the U.S. are the rightful masters of both Congress and the courts - Not to overthrow the Constitution, but to overthrow men who pervert the Constitution. — Abraham Lincoln
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 Constitution shall never be construed… to prevent the people of the United States who are peaceable citizens from keeping their own arms.” – Samuel Adams
“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
“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 pretense, raised in the United States.” – Noah Webster
“The people are not to be disarmed of their weapons. They are left in full possession of them.”- Zachariah Johnson
