Gerry and Washington, Sept. 1777

Letters of Delegates to Congress: Volume 8 September 19, 1777 - January 31, 1778

Elbridge Gerry to George Washington

Sir Lancaster Sepr. 24th 1777 In Consequence of your Letter of the 22d directed to the President or any Member of Congress,(1) I have conferred with William Henry Esqr. of this Place upon the most expeditious Method of collecting the Arms & accoutrements in the Hands of the Inhabitants here & he is of opinion that it may be accomplished by your Warrant to him grounded on the late Resolution of Congress for that & other Purposes.(2) As there is not a prospect of having a Congress or Board of War for several Days to give him Authority, & the Articles are immediately wanted, he has consented to proceed on the Business without Delay in Expectation that on the Receipt of this You will give him full Powers to justify his Conduct & date them the 22d, that the Time of his Transaction may comport with his Commission. With Wishes of Success to your Excellency & the Cause in which You are engaged I remain sir very respectfully your most humble Sert,

E Gerry

RC (MH-H). 1 Washington's September 22 letter has not been found, but for further information on his concern for collecting arms in the neighborhood of Lancaster, see Washington's September 26 and 27 letters to Gerry in Washington, Writings (Fitzpatrick), 9:270, 27G75; and Gerry to Washington, September 25, 1777. 2 On September 17, Congress had given Washington broad authority to impress "all such provisions and other articles as may be necessary for the comfortable subsistence of the army under his command." JCC, 8:752.

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Letters of Delegates to Congress: Volume 8 September 19, 1777 - January 31, 1778

Elbridge Gerry to George Washington

Sir Lancaster Sepr 25th 1777 3 0Clock P.M. I wrote You a Line Yesterday desiring You to impower Mr. Henry of this Place to collect the Fire Arms wanted for the Virginia Troops on their March to the Camp, since which your Letter of the 23d is received, desiring that a Number of Blankets & Shoes may be also collected.(1) I have seen Mr. Henry within this half Hour, & he informs me that he has collected already about 250 Arms, & shall be able to obtain about as many more. He also says that 300 pair Shoes went off this Morning to General Wayne, & that he will proceed in collecting as many pair of shoes, & Blankets, as can be procured or with propriety be taken from the Inhabitants of the Town, & Farmers in the Neighbourhood thereof. You will therefore be pleased to enlarge &c the Powers proposed to be given by your Excellency to Mr. Henry, and authorize him to collect the Articles last mentioned.(2) Colo R H Lee is present, & has just directed a Letter to the Commandg Officer of the Militia at Frederick Town in Maryland ordering on all the Militia that are armed & 500 of those that are unarmed to be supplyed in this Place. I have the Honor to be Sir with much Esteem your Excellency's very hum serv.

E Gerry

RC (DLC). 1 Washington's September 23 letter to President Hancock was read in Congress on September 27. JCC, 8:755; and Washington, Writings (Fitzpatrick), 9:25740. See also Gerry to Washington, September 24. 1777. 2 In a September 27 reply to Gerry, Washington repeated his September 25 demurer about seizing the arms of private citizens, but urged that the "collection of Blankets and shoes . . . cannot be carried to too great an extent." Washington, Writings (Fitzpatrick), 9:274 75.

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The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.

George Washington to Elbridge Gerry,

September 26, 1777.

Sir: I was this Morning favored with your Letter of the 24th. When I wrote Congress, I was informed, that there were several Arms in Lancaster belonging to the Public. These, with their Accoutrements, I wished to be collected and put into the Hands of the Militia coming from Virginia. But I did not mean that any, the property of Individuals, should be taken; because I did not conceive myself authorised, nor do I at this time, to order such a Measure. I don't know how the Inhabitants would relish such an exercise of Power. I rather think it would give great uneasiness. The Army is much distressed for Blankets and Shoes, and I wish the most vigorous exertions could be pursued to make a Collection the speediest possible where you are and in the Neighbourhood. I am satisfied, if proper Steps were taken, many might be procured. I have been and am doing all I can to make a Collection, but what will be obtained will be totally inadequate to the demand.82

[Note 82: "Since I wrote you a few minutes ago, His Excellency has received a letter from Mr, Gerry at Lancaster, in which he says that 300 pairs of Shoes had been sent off from thence to you; but as you have already obtained 200 pair from Reading', the General desires that when those arrive from Lancaster, they may be sent to the Clothier Genl: to be distributed among the Troops."-- Tench Tilghman to Brig. Gen. Anthony Wayne, Sept. 27, 1777. Tilghman's letter is in the Washington Papers.]
We are now in Motion and advancing to form a junction with Genl McDougall. I expect to be joined in a day or two by Genl. Foreman with fourteen or Fifteen hundred Jersey Militia. The Main body of the Enemy are also advancing towards Philadelphia, and were below Germantown from my last advices; which also mentioned, that a Thousand Infantry, with about 100 Dragoons, had filed off towards Chesnut Hill. I fear they are pushing for Bristol, after our Stores, which I am apprehensive are not entirely removed tho' l gave orders for it, the Moment I heard they were there. I am &c.83

[Note 83: The draft is in the writing of Robert Hanson Harrison.]

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The Writings of George Washington from the Original Manuscript Sources, 1745-1799. John C. Fitzpatrick, Editor.

George Washington to Elbridge Gerry,

Camp at Pennybecker's Mill, September 27, 1777.

Sir: I am favored with yours of the 25th. I yesterday wrote you, that I did not think myself Authorised to seize upon any Arms the property of private Persons; but if they can be collected and the owners satisfied for them, it would be of very essential service, as great numbers of Militia would join the Army, could they be furnished with Arms. I am glad you have began the collection of Blankets and Shoes; this business cannot be carried to too great an extent, and I think, if the Measure is properly pursued, great Quantities of Blankets, Rugs and Coverlids, may be collected in the back Counties. The approach of the Enemy to Philadelphia, hindered the Officers I sent upon that Business from doing much; the disaffected hid their goods the moment the thing took wind and our friends had, before, parted with all they could spare. As soon as Gibson's Regiment or any of the Virginia Militia arrive at Lancaster, be pleased to send them forward without delay. I am &ca.87

[Note 87: The draft is in the writing of Tench Tilghman.]

Cockrum v. State, 24 Tex. 394 (1859)....

"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 (1859).

James Madison to Tench Coxe, "Your arguments appear to me to place the subject to which they relate in its true light", Jan. 3, 1788

Dear Sir

New York

Jany. 3d. 1788

I have been favored with yours of the 28 Ult. and thank you for the paper which it inclosed.(1) Your arguments appear to me to place the subject to which they relate in its true light*, and must be satisfactory to the writer himself whom they oppose, if he can suspend for a moment his preconceived opinions. But whether they should have any effect or not on him, they will unquestionably be of service in Virginia, and probably in the other Southern States. Col. Hamilton has read the paper with equal pleasure & approbation with myself.....

* - And here are two examples of the articles which Mr. Madison states “place the subject to which they relate in its true light”. And, which apparently “Col. Hamilton has read the paper with equal pleasure & approbation”:

"The power of the sword, say the minority of Pennsylvania, is in the hands of Congress. My friends and countrymen, it is not so, for THE POWERS OF THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY. The militia of these free commonwealths, entitled and accustomed to their arms, when compared to any possible army must be tremendous and irresistible. Who are these militia? [A]re they not ourselves. Is it feared, then, that we shall turn our arms each against his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American. . . . [T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people."

- Tenche Coxe, using the pseudonym "a Pennsylvanian", Feb. 20, 1788, Pennsylvania Gazette.

"Whereas civil-rulers, not having their duty to the people duly before them, may attempt to tyrannize, and as 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."

- Tenche Coxe, 'Remarks on the First Part of the Amendments to the Federal Constitution' using the Pseudonym "A Pennsylvanian" in the Philadelphia Federal Gazette, June 18, 1789 at 2 col. 1.