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PRECEDENT
"It is a rule of law that, in order to ascertain the import of a contract, the evident intention of the parties, at the time of forming it, is principally to be regarded. Previous to the formation of this Constitution, there existed certain principles of the law of nature and nations, consecrated by time and experience, in conformity to which the Constitution was formed."
- Mr. Elliot, Debate in U.S. House of Representatives, Oct. 25, 1803. (The Debates in the Several State Conventions on the Adoption of the Federal Constitution), [Elliot's Debates, Vol. 4]
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"That the Foederal Government is nearly, if not quite at a stand, none will deny. The first question then is, shall it be annihilated or supported? If the latter, the proposed convention is an object of the first magnitude, and should be supported by all the friends of the present Constitution. In the other case, if on a full and dispassionate revision thereof, the continuance shall be adjudged impracticable or unwise, as only delaying an event which must 'ere long take place; would it not be better for such a Meeting to suggest some other, to avoid if possible civil discord or other impending evils? I must candidly confess, as we could not remain quiet more than three or four years in time of peace, under the Constitutions of our own choosing; which it was believed, in many States at least, were formed with deliberation and wisdom, I see little prospect either of our agreeing upon any other, or that we should remain long satisfied under it if we could. Yet I would wish any thing, and every thing essayed to prevent the effusion of blood, and to avert the humiliating and contemptible figure we are about to make in the annals of mankind."
- George Washington to David Humphreys, December 26, 1786. [The George Washington Papers at the Library of Congress, 1741-1799].
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"Unless the people are considered in these two views, we shall never be able to understand the principle on which this system was constructed. I view the states as made for the people, as well as by them, and not the people as made for the states; the people, therefore, have a right, whilst enjoying the undeniable powers of society, to form either a general government, or state governments, in what manner they please, or to accommodate them to one another, and by this means preserve them all. This, I say, is the inherent and unalienable right of the people; and as an illustration of it, I beg to read a few words from the Declaration of Independence, made by the representatives of the United States, and recognized by the whole Union.
"We hold these truths to be self-evident, that all men are created equal; that they are endowed by their Creator with certain unalienable rights; that among these are life, liberty, and the pursuit of happiness; that, to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed; that, whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, and institute new government, laying its foundation on such principles, and organizing its powers in such forms, as to them shall seem most likely to effect their safety and happiness."
"This is the broad basis on which our independence was placed: on the same certain and solid foundation this system is erected...."
"...The power and business of the state legislatures relate to the great objects of life, liberty and property; the same are also objects of the general government."
Certainly, the citizens of America will be as tenacious in the one instance as in the other. They will be interested, and I hope will exert themselves, to secure their rights not only from being injured by the state governments, but also from being injured by the general government...."
"...It is laid before the citizens of the United States, unfettered by restraint; it is laid before them to be judged by the natural, civil, and political rights of men. By their fiat, it will become of value and authority; without it, it will never receive the character of authenticity and power...."
- James Wilson, Dec. 4, 1787. The debates in the Several State Conventions. [Elliot's Debates, Volume 2]
(Mr. Wilson signed the Declaration of Independence and the U.S. Constitution, and was a delegate to the Constitutional Convention, and later a Supreme Court Justice).
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"It was painful for me, on a subject of such national importance, to differ from the respectable members who signed the constitution: But conceiving as I did, that the liberties of America were not secured by the system, it was my duty to oppose it."
"My principal objections to the plan, are, that there is no adequate provision for a representation of the people--that they have no security for the right of election--that some of the powers of the legislature are ambiguous, and others indefinite and dangerous--that the executive is blended with, and will have an undue influence over, the legislature--that the judicial department will be oppressive--that treaties of the highest importance may be formed by the president with the advice of two-thirds of a quorum of the senate--and that the system is without the security of a bill of rights. These are objections which are not local, but apply equally to all the states."
- Elbridge Gerry, Oct. 18, 1787 to President of Senate and Speaker of House of Representatives of Massachusetts. [The Records of the Federal Convention of 1787. Farrand's Records, Volume 3.]
"...Self defence is a primary law of nature, which no subsequent law of society can abolish; this primæval principle, the immediate gift of the Creator, obliges every one to remonstrate against the strides of ambition, and a wanton lust of domination, and to resist the first approaches of tyranny, which at this day threaten to sweep away the rights for which the brave sons of America have fought with an heroism scarcely paralleled even in ancient republicks...."
- Elbridge Gerry, Observations On the new Constitution, and on the Federal and State Conventions.
Mr. Gerry signed the Declaration of Independence. Graduated from Harvard in 1762. Was a Delegate to the 1787 U.S. Constitutional Convention. Representative from Massachusetts, and later Vice-President of the U.S. under James Madison.
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Following are several references to factual historical evidence that prove that it is the Right and Duty of every Free American citizen to to Keep and Bear Arms. That this Right preexisted, prior to being enumerated into the United States Constitution. That the Right was supposed to be protected by the Second Amendment in the Bill of Rights. And that The Right was never intended to be inhibited, restrained, or regulated in any way, shape or form by any level of government or society. In fact, the opposite is true. One of the main reasons our government(s) were formed, was to insure that this right was never Infringed upon. To Wit:
Second Amendment, in part;
"The Right of the People to Keep and Bear Arms Shall NOT be Infringed."
“Agreed to found our Rights upon the Laws of Nature....”
"Mr. MADISON thought the regulation of the militia naturally appertaining to the authority charged with the public defence...."
- August 18. (1787), The Debates in the Several State Conventions on the Adoption of the Federal Constitution [Elliot's Debates, Vol. 5]
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"The people cannot be all, & always, well informed. The part which is wrong will be discontented in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty. We have had 13. states independent 11. years. There has been one rebellion. That comes to one rebellion in a century & a half for each state. What country before ever existed a century & half without a rebellion? & 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. The remedy is to set them right as to facts, pardon & pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots & tyrants. It is it's natural manure. Our Convention has been too much impressed by the insurrection of Massachusetts: and in the spur of the moment they are setting up a kite to keep the hen-yard in order. I hope in God this article will be rectified before the new constitution is accepted."
- Thomas Jefferson, Nov. 13, 1787 letter to William S. Smith.
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Journals of the Continental Congress, "men combining themselves into an armed body", Oct. 18, 1786
Character Sketches of Delegates to the Federal Convention of 1787
The Records of the Federal Convention, William Steele's acccount of Franklin's Speech, 1787
Rufus King to Henry Lee?, "and in every Respect Treat the Citizens in arms...", Feb. 10, 1787
APPENDIX D THE PINCKNEY PLAN, "agreed upon between the free and independent States of America"
James Madison: Preface to Debates in the Convention of 1787
The Debates in the Federal Convention, "by the Supreme authority of the people", June 5, 1787
Letters of Delegates to Congress, Edward Carrrington to Thomas Jefferson, June 9. 1787
The Debates in the Federal Convention, "...Amendments therefore will be necessary...", June 11, 1787
The Debates in the Federal Convention, "...They never will--they never can...", June 20, 1787
The Debates, "Personal Rights Vs. Property Rights", August 7, 1787
The Debates in the Federal Convention, "a power to regulate the militia", Aug. 18, 1787
The Debates in the Federal Convention, of Sept. 12, 1787, (First mention of Bill of Rights).
Journal of the Senate, Amendments, Sept. 1787
THE UNITED STATES IN CONGRESS ASSEMBLED, AMENDMENTS, Sept. 28, 1787
Cato No. 03, "...the public good is sacrificed to a thousand views...", Fall 1787
The Federal Farmer, Letter dated October 08, "...to guard against usurpation...",1787
Pierce Butler to Weeden Butler, "they wisely had recourse to reason, and not Arms", Oct. 8, 1787
The Federal Farmer, Letter dated October 09, 1787
The Federal Farmer, Letter dated October 10, 1787
The Federal Farmer, Letter dated October 12, 1787
The Federal Farmer, Letter dated October 13, 1787
From the INDEPENDENT GAZETTEER, Oct. 27, 1787
Two Sides to Every Coin, Oct. 1787
Thomas Jefferson to William S. Smith, "Let them take arms.", Nov. 13, 1787
The Federalist No. 8, Alexander Hamilton, Nov. 20, 1787
The Federalist No. 10, James Madison, Nov. 22, 1787
The Federalist No. 16, Alexander Hamilton, Dec. 4, 1787
Pennsylvania Ratifying Convention, Dec. 4, (Wilson) and 18, (Dissent), 1787
The Federalist No. 21, Alexander Hamilton, Dec. 12, 1787
The Federalist No. 22, Alexander Hamilton, Dec. 14, 1787
The Federalist No. 26, Alexander Hamilton, Dec. 22, 1787
The Federal Farmer, Letter dated December 25, 1787
The Federalist No. 27, Alexander Hamilton, Dec. 25, 1787
The Records of the Federal Convention of 1787, "Luther Martin: Genuine Information", Dec. 28, 1787
The Federal Farmer, Letter dated December 31, 1787
Defence of the Constitutions of Government of the United States, By John Adams, 1787
The Federalist No. 31, Alexander Hamilton, Jan. 1, 1788
The Federalist No. 29, Alexander Hamilton, Jan. 9, 1788
Federal Farmer, No. 11, (Power of the People to Recall members of Congress), Jan. 10, 1788
Federal Farmer No. 16, Jan. 20, 1788
The Federalist No. 44, James Madison, Jan. 25, 1788
The Federalist No. 46, James Madison, Jan. 29, 1788
The Debates in the Several State Conventions, (Massachusetts), Feb., 1788
The Federalist No. 51, James Madison, Feb. 6, 1788
George Washington letter to Marquis De LaFayette, Feb. 7, 1788
A Maryland Farmer No. 1, Feb. 15, 1788
The Federalist No. 63, James Madison, March 1, 1788
Luther Martin's Reply to the Landholder, March 14 & 19, 1788
Brutus, No. 15, March 20, 1788
The Debates in the Several State Conventions, (Virginia), June 6, 1788
The Federalist No. 78, Alexander Hamilton, June 14, 1788
The Debates in the Several State Conventions, (New Hampshire), June 21, 1788
Virginia Ratifying Convention, "If the whole country be in arms", June 21, 1788
Answers to Mr. Mason's Objections to the New Constitution, June, 1788
The Debates in the Several State Conventions, (New York), June, 1788
New York Ratifying Convention, July 2, 1788
Letters of Delegates to Congress, Nathan Dane to Melancton Smith, July 3. 1788
The Federalist No. 84, Alexander Hamilton, July 16, 1788
Samuel Chase to John Lamb, June 13, 1788, and No. Carolina Ratifying Convention, July 28, 1788
The Debates in the Several State Conventions, (New York), July 26, 1788
The Debates in the Several State Conventions, (North Carolina), July-Aug., 1788
State of North-Carolina, In convention - Declaration of Rights, Aug. 1, 1788
Pennsylvania Constitutional Adoption Debates, Nov. 26, 1787 - Sept. 3, 1788
Jefferson, (July 31, 1788), to Madison and Back Again, (Oct. 17, 1788) - Letters
Twelve Amendments to the Constitution, Submitted by First Congress, March 4, 1789
The Debates in the Several State Conventions, (Rhode Island), May 29, 1789
**House of Representatives, Debates on Amendments, June 8th, 1789**
House of Representatives, Amendments to the Constitution June 8, 1789 - Mr. James Madison
House of Representatives, Amendments to the Constitution July 21, 1789
House of Representatives, Amendments, "the right of the People to keep and bear arms", Aug. 21, 1789
House of Representatives, Amendments, "composed of the body of the People", Aug. 24, 1789
Bill Of Rights, Printing Revisions, Monday, 24th August, 1789
Congress, Amendments Agreed to and Proposed to the States, Sept. 25, 1789
Congress Of The UNITED STATES, Begun and held at the City of New-York, AMENDMENTS, Oct. 1789
Military laboratory, at No. 34, Dock street near the Drawbridge, PA., 1789
House Adoption and Ratification of U.S. Constitution and Amendments, APPENDIX 1789-1790
George Washington to Senate, "A free people ought not only to be armed", Jan. 8, 1790
U.S. House of Representatives Debate, "Militia Bill", Dec. 22, 1790
Of the Natural Rights of Individuals, By James Wilson, Lectures 1790-1792
The Bill of Rights, (Particularly the Preamble and Amendment II), ratified December 15, 1791
The Constitution of the United States of America, From a different perspective
"It will be a desirable thing to extinguish from the bosom of EVERY MEMBER
of the community, ANY apprehensions that there are those among his countrymen
who wish to DEPRIVE them of the LIBERTY for which they VALIANTLY FOUGHT and
HONORABLY BLED. And if there are Amendments desired of such a nature as will
NOT INJURE the Constitution, and they can be ingrafted so as to give
satisfaction to the DOUBTING part of OUR FELLOW-CITIZENS, the friends of the
Federal Government will evince that SPIRIT of deference and concession for
which they have hitherto been distinguished....We ought NOT TO DISREGARD their
inclination, but, on PRINCIPLES of amity and moderation, CONFORM to their wishes,
and expressly DECLARE THE GREAT RIGHTS OF MANKIND SECURED under
this CONSTITUTION."
- James Madison, Debates on the Bill of Rights, House of Representatives,
June 8th, 1789
"RIGHTS OF THE CITIZEN DECLARED TO BE"
After reading the above materials. There can only be one logical conclusion arrived at: That the vast majority of our government(s), at ALL levels, are violating our Second Amendment Right. The Federal government can be considered the worst transgressor of them all. For it was the duty of the Executive, Legislative and Judicial branches of the Federal to "SECURE the Blessings of Liberty to ourselves and our Posterity." And, since the Right of the People to Keep and Bear Arms has long been considered as the "True Palladium of Liberty". The failure, on the part of the Federal branches, can indeed be construed as being criminal in its nature.
"Summum Jus Est Summa Injuria."
(The rigor of the law is the height of oppression).
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