Journal of the Senate of the United States of America,

WEDNESDAY, SEPTEMBER 9, 1789.

“...On motion to amend article the fifth, by inserting these words, 'for the common defence,' next to the words 'bear arms:'

“It passed in the negative.

“On motion to strike out of this article, line the second, these words, 'the best,' and insert in lieu thereof 'necessary to the:'

“It passed in the affirmative.

“On motion, on article the fifth, to strike out the word 'fifth,' after 'article the,' and insert 'fourth,' and to amend the article to read as follows: 'A well regulated militia being the security of a free state, the right of the people to keep and bear arms shall not be infringed.'

“It passed in the affirmative....”

“...Resolved, That the Senate do concur in the resolve of the House of Representatives, on "Articles to be proposed to the legislatures of the states, as amendments to the constitution of the United States," with the amendments; two thirds of the Senators present concurring therein.

“Ordered, That the Secretary do carry a message to the House of Representatives accordingly.

“Adjourned to 11 o'clock to-morrow."

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Hmmmm, now that is interesting, is it not? If not "for the common defense", than what else could it possibly be for? You don't suppose it could be for INDIVIDUAL defense, could it? Let's look at this more closely. Further on it reads; "the right of the PEOPLE to keep and bear arms shall NOT be infringed". Now, if considered in the light that our Constitution is based upon "the great principle of self-preservation; to the transcendent law of nature and of nature's God"*. And that; "The claims of justice, both on one side and on the other, will be in force, and must be fulfilled; the rights of humanity must in ALL cases be duly and mutually respected...*"

(* - See Federalist #43).

And the First Law of Nature reads as follows:

And, consider how this falls right into line with the preamble to the Bill of Rights itself:

"The Conventions of a number of the States having, at the time of adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further DECLARATORY and RESTRICTIVE clauses should be added, and as extending the ground of public confidence in the Government will best insure the beneficent ends of its institution;

"Resolved, by the Senate and House of Representatives of the United States of America, in Congress assembled, two-thirds of both Houses concurring, that the following articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States; all or any of which articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes as part of the said Constitution, namely:

...Amendment II

DECLARATORY; (Common Defense)

"A well regulated militia, being necessary to the security of a free state,"

RESTRICTIVE; (Self-Defense/Preservation, The First Law of Nature).

"the right of the people to keep and bear arms, shall not be infringed."

Next, let us consider the PRE-EXISTENT NATURAL RIGHT of the British-American 'subject', as explained by a very knowledgeable and well known authority;

"The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defense, suitable to their condition and degree, and such as are allowed by law. Which is also declared by the same statute I W. & M. st.2. c.2. and is indeed a public allowance, under due restrictions, of the natural right of resistance and self-preservation, when the sanctions of society and laws are found insufficient to restrain the violence of oppression."

- William Blackstone, 1 Commentaries on the Laws of England 136, 1765–1769.

[Note: "The English cabinet are resolved to send all the troops they can possibly collect, which they say will amount to eight or ten thousand, against you, and stand upon the defensive at home. Their situation, however, is not a little embarrassing.
The Irish nation are so generally determined upon having a free trade, that the court was obliged to allow it to be inserted in the address of both houses that a free trade is their right and they must have it. To support this there are, besides the unanimous voice of the people, upwards of fifteen thousand men in volunteer companies actually in arms without the permission or control of government. To delay or refuse the granting of fee trade will endanger a general and most formidable insurrection in that kingdom; to grant it will produce commotions of no less magnitude in England, of which they have already had some fearful examples in and about Manchester. These insurrections, whenever they happen, will be exasperated by great and real distress; for the fact is that if it be refused to Ireland that country will be undone; and if it be granted the woolen and other manufactures of England will be ruined. In such a situation it is difficult to imagine a medium by which the violences will be prevented that must otherwise call for the troops at home which they have destined for us."

"In Scotland the discontent is such that a Highland regiment actually seized the castle of Edinburgh, and shut the gates against their officers. This mutiny has been quelled, but the spirit that produced it is not altered."

- A. Lee to the Committee of Foreign Affairs, Nov. 6, 1779. [The Revolutionary Diplomatic Correspondence of the United States, Vol. 3]]

Then, let us give our attention to how the new American Citizen's Right was dramatically improved;

"The right of the people to keep and bear arms shall not be infringed, and this without any qualification as to their condition or degree, as is the case in the British government...."

"....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. Whenever 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 America we may reasonably hope that the people will never cease to regard the right of keeping and bearing arms as the surest pledge of their liberty..."

- St. George Tucker, Blackstone's Commentaries, (1803).

Something that Alexander Hamilton had stated early on in the formation of the new Constitution also comes to mind;

“This government has for its object public strength and individual security. . . . .Nothing but a permanent body can check the imprudence of democracy. . . . .The weak side of a republican government is the danger of foreign influence. This is unavoidable, unless it is so constructed as to bring forward its first characters in its support. I am therefore for a general government, yet would wish to go the full length of republican principles. . . . . Federal is an association of distinct Govts: into one--these fed. Govts. in some instances legislate on collective bodies, in others on individuals . . . . .Our powers have this object--the Freedom & Happiness of our Country--we must go all lengths to accomplish this Object--if the Legislatures have no powers to ratify because thereby they diminish their own Sovereignty the people may come in on revolution Principles--We have power, Upon the plan of the separation & independence of the States, you incourage those Habits, and opinions, that Esprit de Corps which is peculiar to the State and to every individual. These habits prefer their own State to those of the Genl. or fed. Govt.-- this has been the case, State Debts, State Crs. have always stood before the fedl. Debt or Cr.--Man loves power--State Magistrates will desire to increase yr. own power at the Expense of the Genl. or fed. Govt.

One great objt. of Govt. is personal protection and the security of Property....”

- Alexander Hamilton, June 19-20, 1787. The Records of the Federal Convention of 1787 [Farrand's Records, Volume 1]

Mr. Hamilton then NAILS it here, with the assistance of Chief Justice Marshall:

"If the representatives of the people betray their constituents, there is then no resource left but in the exertion of that original right of self-defense which is paramount to all positive forms of government . . . The citizens must rush tumultuously to arms..."

- Alexander Hamilton, Federalist #28.

"The opinion of the Federalist has always been considered as of great authority. It is a complete commentary on our Constitution; and is appealed to by all parties in the questions to which that instrument has given birth. Its intrinsic merit entitles it to this high rank; and the part two of its authors performed in framing the constitution, put it very much in their power to explain the views with which it was framed..."

- Chief Justice John Marshall, U.S. Supreme Court, Cohens v. Virginia (1821).

Then Mr. Hamilton comes back later and PROVES the assertion:

"Each officer and private of the dragoons, to provide himself with a horse, saddle, etc., pistols and sabre; and each non-commissioned officer and private, with a carbine and cartouch-box, with twelve rounds for his carbine and six rounds for each pistol."

- Alexander Hamilton, The Works of Alexander Hamilton, ed. Henry Cabot Lodge (Federal Edition) (New York: G.P. Putnam’s Sons, 1904). In 12 vols. Vol. 6.

Finally, Mr. Tench Coxe unequivocally gives the absolute proof, which is then suported by Mr. Madison;

"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. 

Mr. Coxe was a prominent Philadelphian and political economist who was named assistant secretary of the treasury in 1790, commissioner of revenue in 1792, and purveyor of public supplies in 1803. Whose series of newspaper articles were very much approved by both Mr. Hamilton and Mr. Madison.

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"...Whereupon the Senate proceeded to consider the said bill as in Committee of the Whole.

"...And provided, That, until Congress shall have passed upon the validity of the said legislative assembly of Kansas, it shall be the duty of the President to use the military [Page 544] force in said Territory to preserve the peace, suppress insurrection, repel invasion, and protect persons and property therein and upon the national highways, in the State of Missouri or elsewhere, from unlawful seizures and searches.

- Journal of the Senate of the United States of America, Aug. 7, 1856

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Thus, it is made quite clear that "The Right of the People to Keep and Bear Arms shall NOT be infringed". Means PRECISELY that which was written. And, that all attempts by any form of American government to restrict, or inhibit this Right are clearly un-Constitutional in nature.

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 "Quod ab initio injustum est nullo potest fieri modo aut usu justum aut rectum."

(That is whatever is originally wrong in its own Nature cannot be sanctifyed or made right by Repetition & Use.)

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