“8.
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. Amendments to C.U.S. Art. 4.
“This may be considered as the true
palladium of liberty. … The right of self defense is the
first law of nature: in most governments it has been the
study of rulers to confine this right within the narrowest limits
possible. Wherever standing armies are kept up, and the right
of the people to keep and bear arms is, under any color or
pretext whatsoever, prohibited, liberty, if not already annihilated,
is on the brink of destruction. In England, the people have been
disarmed, generally, under the specious pretext of preserving the
game: a never failing lure to bring over the landed aristocracy to
support any measure, under that mask, though calculated for very
different purposes. True it is, their bill of rights seems at first
view to counteract this policy: but the right of bearing arms is
confined to protestants, and the words suitable to their condition
and degree, have been interpreted to authorize the prohibition of
keeping a gun or other engine for the destruction of game, to any
farmer, or inferior tradesman, or other person not qualified to kill
game. So that not one man in five hundred can keep a gun in his house
without being subject to a penalty....”
“...In England, on the contrary, the
greatest political object may be attained, by laws, apparently of
little importance, or amounting only to a slight domestic regulation:
the game-laws, as was before observed, have been converted into the
means of disarming the body of the people: the statute de donis
conditionalibus has been the rock, on which the existence and
influence of a most
powerful aristocracy, has been founded,
and erected: the acts directing the mode of petitioning parliament,
&c. and those for prohibiting riots: and for suppressing
assemblies of free-masons, &c. are so many ways for preventing
public meetings of the people to deliberate upon their public, or
national concerns. 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, View of the
Constitution of the United States with Selected Writings [1803]. (Mr.
Tucker was a Lawyer and Professor of law at the College of William
and Mary.
He
was appointed one of the committee to revise the laws of Virginia,
and he served with James Madison and Edmund Randolph as Virginia
commissioners to the Annapolis Convention. In 1803 Tucker became a
judge of the highest court in Virginia. In 1813 he was appointed by
President James Madison to be the United States district judge for
Virginia. Tucker also, as District Court judge, sat with Chief Justice John Marshall on the U.S. Circuit Court in Richmond.).
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