“Armed Merchant Vessels”

A Perverse Precedence Applied:

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Journals of the Continental Congress,
SATURDAY, NOVEMBER 25, 1775

...The Congress resumed the report of the Committee on General Washington's letter, and the same being debated by paragraphs, was agreed to as follows:

The Committee to whom so much of the letter from General Washington to the president of the Congress dated the 8th Instant as relates to the disposal of the vessels and cargoes belonging to the enemy, which shall fall into the hands of or be taken by the inhabitants of the united colonies and so much of the report of the committee of Congress, which lately went to the Camp at Cambridge as related to that subject, were referred, have examined the matter thereof and directed the same, as it appears to them, together with the resolutions of the Committee thereupon to be reported as followeth.

Whereas, it appears to your Committee from undoubted information, that many vessels which had cleared at the respective custom houses in these colonies, agreeable to the regulations established by acts of the British parliament, have in a lawless manner, without even the semblance of just authority, been seized by his majesty's ships of war, and carried into the harbour of Boston and other ports, where they have been riffled of their cargoes, by orders of his majesty's naval and military officers, there commanding, without the said vessels having been proceeded against by any form of trial, and without the charge of having offended against any law.

It further appears to your Committee that orders have been issued in his majesty's name, to the commanders of his ships of war, "to proceed as in the case of actual rebellion against such of the sea port towns and places being accessible to the king's ships, in which any troops shall be raised or military works erected," under colour of which said orders, the commanders of his majesty's said ships of war, have already burned and destroyed the flourishing and populous town of Falmouth, and have fired upon and much injured several other towns within the United Colonies, and dispersed at a late season of the year, hundreds of helpless women and children, with a savage hope that those may perish under the approaching rigours of the season, who may chance to escape destruction from fire and sword, a mode of warfare long exploded amongst civilized nations.

It also appears to your Committee, that the good people of these colonies, sensibly affected by the destruction of their property, and other unprovoked injuries, have at last determined to prevent as much as possible a repetition thereof, and to procure some reparation for the same, by fitting out armed vessels and ships of force. In the execution of which commendable designs, it is possible that those who have not been instrumental in the unwarrantable violences abovementioned may suffer, unless some laws be made to regulate, and tribunals erected competent to determine the propriety of captures: Thereupon your Committee came to the following resolutions:

That the share allowed to the captors be divided among the officers and men in the following proportions, viz:

• Captain or commander, ... 6 shares.
• First lieutenant, ... 5 do.
• Second lieutenant, ... 4 do.
• Surgeon, ... 4 do.
• Master, ... 3 do.
• Steward, ... 2 do.
• Mate, ... 1˝ shares.
• Gunner, ... 1˝ do.
• Boatswain, ... 1˝ do.
• Gunner's mate, and serjeant, ... 1˝ do.
• Privates, each, ... 1 do.

Resolved, That the committee, who brought in the foregoing report, after consulting the books, report whether any and what addition, in their opinion, may be made to the second resolution.

Resolved, That that part of General Washington's letter No 7 ∥of the 11th instant,∥ respecting the capture of a vessel by the Inhabitants of New Hampshire, be referred to the said committee, and that they report thereon to Congress.

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Journals of the Continental Congress,
WEDNESDAY, JANUARY 17, 1781

"...The Committee to whom was referred the Communication of the Chevalier De la Luzerne Minister of France of the 15th. Instant have agreed to report hereupon as follows.

Whereas His Most Christian Majesty has thought proper to give an additional proof of his regard for these United States in his letter dated the 10th. day of August last to the Admiral of France, touching the sentence and condemnation of prizes taken by Privateers armed vessels fitted out by these States in the Ports of France, by signifying that it is his intention and pleasure, that the prizes which shall be taken by such Privateers armed vessels, and brought into any of his ports may be judged of by the Council for prizes in the same manner as those made by Privateers fitted out by his subjects; and that the officers of the Admiralty observe with regard to them the formalities prescribed by his declaration of the 24th. June 1778. Congress desirous of evidencing a reciprocal esteem and regard for the good ally and his subjects have resolved:

That all Prizes taken byPrivateers or Letters of Marque armed vessels fitted out by the subjects of his Most Christian Majesty in any of the ports of these United states, and brought within the same, may and shall be judged of tried and condemned in any Court of Admiralty, in the same manner in all respects as those made by Privateers or Letters of Marque armed vessels belonging to the Citizens of any of these States of which all persons concerned are to take notice, and govern themselves accordingly.

[If the amendments proposed by the Board of Admiralty should be agreed to the Resolution will then read:

That all prizes taken by Privateers and other armed vessels fitted out and navigated by the subjects of his Most Christian Majesty in any of the Ports of these United States and brought within the same, may and shall be judged of tried and condemned in any Court of Admiralty in the same manner in all respects as those made by Privateers and other armed vessels belonging to the citizens of any of these States. Of which all persons concerned are to take notice and govern themselves accordingly.]¹

[Note 1: 1 This report, in the writing of Thomas McKean, the part in brackets in that of Thomas Burke, is in thePapers of the Continental Congress, No. 37, folio 345.]

Ordered, That it be referred to the Board of Admiralty...."

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Letters of Delegates to Congress: Volume 17

William Livingston

Sir,

Philada.

13 June 1781.

The Bearer of this, a Mr Storer, has applied to me for Information whether any Resolution of Congress exists which may counteract his request of a Comission for an armed Boat to cruize against the Enemy. I do not know of any, and so have told him. I know there have been Instances in which the Crews of such Boats have abused the Confidence of a Commission, and have been guilty of very impolitick and even unjustifiable Acts of Depredation; but these Things might happen in the Case of any armed Vessel; and every Instance ought to stand upon it's own Circumstances. Bonds are always taken when Commissions are granted, and Delinquents are punishable by Forfeiture of their Commissions or by being prosecuted upon their Securities. If there is any Resolution of Congress which apparently discourages a Thing of this Kind, probably it may refute sortaille Parties which make Excursions into the Enemies' Lines merely for the Sake of indiscriminate Pillage contrary to the fair and honourable usages of War; but this I understand to be different from the Object of the Applicant on the present Occasion. This may also be in some Measure guarded against in the Bonds and Instructions, if they are not already sufficiently explicit.
I suppose your Excellency is supplied with Commissions, Bonds and Instructions from the Offices here; and I will observe to you that the Ratification of the Articles of Confederation, enlarges the Power of the respective States in these Matters, as you will find by consulting the 6th Article. If therefore the Person who solicits will come under proper Restrictions, and give adequate Security, I do not think your Excellency in Danger of counteracting any Resolution of Congress in granting his Request.(1)
I am, with-due Respect, Your Excellency's most obedt and most humble Servt. W.C. Houston

RC (NN: William Livingston Papers).
1 Houston had additional thoughts on this subject almost immediately, and accordingly returned to it the following day. See Houston to Livingston, June 14, 1781.

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Journal of the House of Representatives of the United States,
MONDAY, APRIL 7, 1794

"...The House, according to the order of the day, resolved itself into a Committee of the Whole House on the motion of the second instant, authorizing the President of the United States to grant to the citizens of the United States commissions of marque and reprisals against the Regencies of Algiers, Tripoli, and Tunis; and, after some time spent therein, Mr. Speaker resumed the chair, and Mr. Parker reported that the committee had, according to order, had the said motion under consideration, and come to a resolution thereupon; which he delivered in at the Clerk's table, where the same was twice read, and agreed to by the House, as followeth:

Resolved, That the President of the United States be authorized to grant to the citizens of the United States, commissions of marque and reprisals against the Regencies of Algiers and Tunis.

Ordered, That a bill or bills be brought in pursuant to the said resolution, and that Mr. Samuel Smith, Mr. Hartley, and Mr. Parker, do prepare and bring in the same.

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Journal of the Senate of the United States of America,
TUESDAY, MAY 23, 1797.

...Peace and harmony with all nations is our sincere wish; but, such being the lot of humanity, that nations will not always reciprocate peaceable dispositions, it is our firm belief, that effectual measures of defence will tend to inspire that national self-respect and confidence at home, which is the unfailing source of respectability abroad, to check aggression, and prevent war.

While we are endeavoring to adjust our differences with the French republic, by amicable negotiation, the progress of the war in Europe, the depredations on our commerce, the personal injuries to Our citizens, and the general complexion of affairs, prove to us your vigilant care, in recommending to our attention effectual measures of defence.

Those which you recommend, whether they relate to external defence, by permitting our citizens to arm for the purpose of repelling aggressions on their commercial rights, and by providing sea convoys, or to internal defence, by increasing the establishments of artillery and cavalry, by forming a provisional army, by revising the militia laws, and fortifying, more completely, our ports and harbors, will meet our consideration, under the influence of the same just regard for the security, interest, and honor, of our country, which dictated your recommendation.

Practices so unnatural and iniquitous, as those you state, of our own citizens, converting their property and personal exertions into the means of annoying our trade, and injuring their fellow-citizens, deserve legal severity commensurate with their turpitude.

Although the Senate believe that the prosperity and happiness of our country does not depend on general and extensive political connections with, European nations, yet we can never lose sight of the propriety as well as necessity of enabling the Executive, by sufficient and liberal supplies, to maintain, and even extend, our foreign intercourse, as exigencies may require, reposing full confidence in the Executive, in whom the Constitution, has placed the powers of negotiation.

We learn, with sincere concern, that attempts are in operation to alienate the affections of our fellow-citizens from their government. Attempts so wicked, wherever they exist, cannot fail to excite our utmost abhorrence. A government chosen by the people for their own safety and happiness, and calculated to secure both, cannot lose their affections, so long as its administration pursues the principles upon which it was erected. And your resolution to observe a conduct just and impartial to all nations, a sacred regard to our national engagements, and not to impair the rights of our government, contains principles which cannot fail to secure to your administration the support of the National Legislature, to render abortive every attempt to excite dangerous jealousies among us, and to convince the world that our government, and your administration of it, cannot be separated from the affectionate support of every good citizen. And the Senate cannot suffer the present occasion to pass, without thus publicly and solemnly expressing their attachment to the Constitution and government of their country; and as they hold themselves responsible to their constituents, their consciences, and their God, it is their determination, by all their exertions, to repel every attempt to alienate the affections of the people from the government, so highly injurious to the honor, safety, and independence of the United States....

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Journal of the Senate of the United States of America,
MONDAY, MAY 29, 1797.

The Honorable James Ross, from the state of Pennsylvania, attended.

Mr. Read gave notice that he would, to-morrow, move for leave to bring in a bill to prevent the exportation of arms and ammunition from the United States, for a limited time.

On motion, by Mr. Sedgwick,

Ordered, That so much of the President's speech as relates to building and equipping, within the United states, cruisers to commit depredations on the commerce of the United States, and so much thereof as relates to citizens of the United States fitting out privateers, taking the command, or entering on board of them, and committing spoliations on the commerce of the United States, be referred to Messrs. Livermore, Laurance, and Read, to consider and report thereon; and that the said committee be authorized to report by bill or bills, or otherwise.

On motion, by Mr. Sedgwick,

Ordered, That so much of the President's speech as relates to a revision of the laws for organizing, arming, and disciplining, the militia, be referred to Messrs. Howard, Latimer, Tichenor, Foster, and Laurance, to consider and report thereon; and that the said committee be authorized to report by bill or bills, or otherwise.

On motion, by Mr. Sedgwick,

That so much of the President's speech as relates to the establishment of a permanent system of naval defence, and authorizing the arming of vessels the property of individuals, be referred to a select committee to consider and report; and that the said committee be authorized to report by bill or bills, or otherwise.

A motion was made that this motion be postponed until to-morrow; and

It passed in the negative.

On motion, by Mr. Tazewell,

That the words, "and authorizing the arming of vessels the property of individuals," be expunged,

• It was determined in the negative,

• Yeas ... 11

• Nays ... 17.

The yeas and nays being required by one-fifth of the Senators present....

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Journal of the Senate of the United States of America,
MONDAY, JUNE 5, 1797.

The bill prohibiting, for a limited time, the exportation of arms and ammunition, and for encouraging the importation thereof, was read the third time; and, being further amended,

Resolved, That this bill pass; that it be engrossed; and that the title thereof be, "An act prohibiting, for a limited time, the exportation of arms and ammunition, and for encouraging the importation thereof."

Ordered, That the Secretary desire the concurrence of the House of Representatives in this bill.

The bill to prevent citizens of the United States privateering against nations in amity with, or against citizens of, the United States, was read the third time.

Resolved, That this bill pass; that it he engrossed; and that the title thereof be "An act to prevent citizens of the United States privateering against nations in amity with, or against citizens of, the United States."

Ordered, That the Secretary desire the concurrence of the House of Representatives in this bill.

Mr. Tracy, from the committee to whom was referred so much of the President's speech as relates to providing means of additional defence, by an augmentation of the regular artillery and cavalry, and making arrangements for forming a provisional army, reported a bill; which was read the first time.

Ordered, That this bill pass to the second reading.

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Journal of the House of Representatives of the United States,
TUESDAY, JUNE 13, 1797.

...A message from the Senate, by Mr. Otis, their Secretary:

Mr. Speaker: The Senate have agreed to the amendments proposed by this House to the bill sent from the Senate, entitled "An act to prevent citizens of the United States from privateering against nations in amity with, or against citizens of, the United States." And then he withdrew.

Mr. Reed, from the Joint Committee for Enrolled Bills, reported that the committee had examined an enrolled bill, entitled "An act prohibiting, for a limited time, the exportation or of arms and ammunition, and for encouraging the importation thereof;" and had found the same to be truly enrolled: Whereupon,

Mr. Speaker signed the said enrolled bill.

Ordered, That the Clerk of this House do acquaint the Senate therewith....

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Journal of the Senate of the United States of America,
TUESDAY, JULY 4, 1797.

...The Senate resumed the consideration of the report of the committee to whom was referred the bill to prevent the arming of private ships, except in certain eases, and under certain regulations.

On motion, to strike out the first section, reported by the committee, as an amendment, in the words following:

"Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That no private ship or vessel, belonging to, or registered in the name or names of, citizen or citizens of the United States, which shall be armed, shall be Cleared out, or permitted to depart from the United States: Provided, the foregoing prohibition shall not extend to any ship or vessel really and truly freighted and employed in the Mediterranean or African trade, or for a voyage beyond the Cape of Good Hope, or Cape Horn, and armed as has been usual in those trades, or voyages, for defence against unlawful violence:"

• It was determined in the affirmative,

• Yeas ... 16

• Nays ... 12.

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Journal of the House of Representatives of the United States,
FRIDAY, DECEMBER 28, 1798.

...On motion,

Ordered, That the committee appointed the fourteenth instant, on so much of the President's speech as relates to the policy of extending and invigorating the measures of defence heretofore adopted by the Government of the United States, be authorized to report by bill or bills, or otherwise.

Mr. Otis, from the last mentioned committee, presented, according to order, a bill for encouraging the capture of French armed vessels, by armed ships or vessels, owned by a citizen or citizens of the United States, and for allowing a salvage in certain cases, which was received, and read the first time.

On motion,

The said bill was read the second time, and ordered to be committed to a Committee of the Whole House on Monday next....

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Journal of the House of Representatives of the United States,
WEDNESDAY, FEBRUARY 20, 1799.

"...The House resumed the consideration of the amendment reported, on Monday last, from the Committee of the Whole House to the bill for encouraging the capture of French armed vessels, by armed ships or vessels owned by a citizen or citizens of the United States, and for allowing salvage in certain cases: Whereupon,

The said amendment, being again read, to strike out the first section of the bill, in the words following, to wit:

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, whenever a French armed vessel, shall be captured and brought into the United States, by an armed ship or vessel, belonging to a citizen or citizens thereof, there shall be allowed and paid for the United States, as a bounty to the owner of owners of the ship or vessel, and the captors, on each gun mounted on a carriage, and making part of the armament of such French armed vessel, the sums following, to wit:

"On every two pound cannon--,

"On every three pound cannon--,

"On every four pound cannon--,

"On every six pound cannon--,

"On every nine pound cannon--,

"On every twelve pound cannon--,

"And on every gun exceeding a twelve pound cannon:

Provided, That no payment shall be made until after the trial and condemnation of such French armed vessel, and a certificate produced from the Judge of the court, before whom the trial may have been had, stating the number and size of the guns found on board such captured vessel:"

The question was taken that the House do concur with the Committee of the Whole House in their agreement to the said amendment,

And resolved in the affirmative,

• Yeas ... 52,
• Nays ... 48.

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Journal of the House of Representatives of the United States,
WEDNESDAY, NOVEMBER 16, 1808.

"...On a motion made by Mr. Cook, and seconded, that the House do come to the following resolution:

"Resolved, That the citizens of the United States be authorized, by law, to arm and equip their merchant vessels for the purpose of defending them against French and British cruisers, who may molest or attack them when bound to any port or place not actually invested or blockaded:

"The said proposed resolution was read, and ordered to be referred to the Committee of the Whole House to whom was committed...."

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Journal of the Senate of the United States of America,
SATURDAY, JANUARY 7, 1809.

...On the question, to agree to the amendment proposing a new section, as follows:

"Sec. 13. And be it further enacted, That the President of the United States be, and he hereby is, authorized to hire, arm, and employ, thirty vessels, not exceeding in tonnage one hundred and thirty tons each, belonging to citizens of the United States, and so many seamen as shall be necessary to man the same for immediate service, in enforcing the laws of the United States on the seacoast thereof, and to dismiss the same from service whenever he shall deem the same expedient: Provided, however, That such hiring, arming, and employment, shall not be for a term exceeding one year; and the said ships or vessels, when so hired and armed, shall be employed under the direction of the Secretary of the Treasury:”*

• It was determined in the affirmative,

• Yeas ... 17,

• Nays ... 13....

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Journal of the House of Representatives of the United States,
SATURDAY, JANUARY 20, 1810.

...A motion was made by Mr. Mumford to amend the bill, by inserting, after the tenth section, the two following sections:

And be it further enacted, That the President of the United States be, and he is hereby, authorized to cause the armed vessels of the United States to be held in readiness to protect and defend, by convoy, the merchant ships and vessels belonging to the citizens of the United States, and navigated wholly by citizens of the United States, loaded with the articles of the growth, produce, and manufacture, of the United States and Territories thereof, contraband of war excepted, bound to such foreign ports or places as have no decrees violating the lawful commerce of the United States.

And be it further enacted, That the citizens of the United States who shall put their ships or vessels under protection or convoy of the armed vessel or vessels of the United States, shall be permitted to arm in their defence, and for the better security of the property of the citizens of the United States, it shall be lawful for the President of the United States, and he is hereby authorized to require the collectors of the customs in the several ports of the United States to receive from the owners of the ships or vessels and their cargoes, belonging to the citizens of the United States, such proof of the property loaded as aforesaid; and in case the said property loaded on board the said vessel shall be satisfactorily proven to the collector of the port from whence the vessel shall depart, to be of the growth, produce, and manufacture, of the United States, or Territories thereof, contraband of war excepted, belonging wholly to the citizens of the United States, the said collector shall deliver the proofs of the property so loaded on board of the respective vessels, with a certificate under his hand and seal, that he is satisfied with the proofs exhibited to him; the whole of which he shall deliver to the commander of such ship or vessel as the President of the United States may designate for that purpose....

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Journal of the Senate of the United States of America,
WEDNESDAY, JANUARY 31, 1810.

...Mr. German submitted the following resolutions for consideration:

Resolved, That provision be made by law for protecting and defending, by convoy, the ships and vessels belonging to citizens of the United States loaded with articles of the growth, produce, or manufacture, of the United States or territories thereof, not contraband of war, bound to any foreign port or place to which the ships and vessels of the United States are not excluded by municipal regulations, and not being actually blockaded by an armed force.

Resolved, That the citizens of the United States, who shall put their ships or vessels under protection of convoy of an armed vessel or vessels, as aforesaid, shall be permitted to arm in their defence....

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Journal of the House of Representatives of the United States,
MONDAY, FEBRUARY 26, 1810.

...A motion was made by Mr. Eppes, and seconded, further to amend the said amendments, by adding thereto the following sections:

And be it further enacted, That the owner of any merchant vessel bound to any port or place not actually invested, with which intercourse shall be prohibited by the decrees or orders of the British Government, shall be allowed to arm and oppose by force every attempt to restrain or divert from its destination any vessel owned wholly by American citizens, and not carrying contraband of war: and every merchant or other person, so wishing to arm for the defence of his property, shall be furnished with a certificate from the Collector of the port from which he sails, that he has no articles of contraband of war on board, and shall enter into bond with the said Collector in a penalty of -- dollars, with condition that his arms shall be employed solely for the purpose of defending his property against capture or detention under the decrees or orders of the British Government.

And be it further enacted, That the owner of any merchant vessel bound to any port or place not actually invested, with which intercourse shall be prohibited by the decrees or orders of the French Government, shall be allowed to arm and oppose by force every attempt to restrain or divert from its destination any vessel owned wholly by American citizens, and not carrying contraband of war: and every merchant or other person so wishing to arm for the defence of his property, shall be furnished with a certificate from the Collector of the port from which he sails, that he has no articles of contraband on board, and shall enter into bond with the Collector in a penalty of -- dollars, with condition that his arms shall be employed solely for the purpose of defending his property against capture or detention under the decrees or orders of the French Government.

And be it further enacted, That the President of the United States is hereby authorized to employ the public armed vessels of the United States in protecting from capture, under the decrees and orders of Great Britain or France, the merchant vessels of the United States....

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Journal of the House of Representatives of the United States,
FRIDAY, DECEMBER, 6, 1811.

...The resolutions, as reported by the Committee of the Whole on the state of the Union, were read at the Clerk's table, and are as follows: ...

...6. Resolved, That it is expedient to permit our merchant vessels, owned exclusively by resident citizens, and commanded and navigated solely by citizens, to arm under proper regulations, to be prescribed by law, in self-defence against all unlawful proceedings against them on the high seas...

...The question was then taken to concur with the said Committee of the Whole House in the first resolution,

And resolved in the affirmative,

• Yeas ... 117,
• Nays ... 11.

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Journal of the House of Representatives of the United States,
FRIDAY, December 10, 1824.

"...Mr. Cambreleng presented a representation and memorial of the merchants of the city of New York, in relation to the piracies committed on the commerce and seamen of the United States, in the Gulf of Mexico, and parts adjacent; and praying that authority may be given to arm merchant vessels, for the security and defence of the persons and property on board, and pledging themselves to support the government, in any measures which may be adopted, for the total suppression of piracy, and the protection of the commerce and citizens of the United States; which representation and memorial was referred to the Committee on Foreign Affairs...."

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* - And, once again we see the perverse precedent applied. Wherein our God-given, inalienable, and natural right was erroneously placed under the supposed 'authority' of the Treasury Dept. For which, there can be no plausible Constitutionally legal justification in so doing. The distinction between the personal right to be armed on land for Self-Preservation anywhere in the United States. And a "merchant vessel" armed for defense at sea, is quite clear.  

It is imperitive to We The People's Freedom and Liberty that our right is removed from ALL government intrusion. For it cannot possibly be held up to the light of any true logic and reasoning. To give government any control whatsoever over the means to put it down in the event it becomes tyrannical towards We The People. To contend otherwise, defeats the whole intended system of our government. And would eventually force We The People into exercising the reserved right of revolutionary remedy. 

When one is tending a garden. It is well known that weeds must be kept in check, or they will rise up and choke the prized produce hoped to be gained from planting. And, as every good gardener knows. When pulling weeds one must take them up; root and all. Or, they will continue to grow and multiply, and make the problem even worse. The founders of this country knew that weeds would spring up in the garden they had planted. And they provided means of eradicating these drains on the national vitality. This weed that has been allowed to grow needs excised - the sooner the better. In order for We The People to exercise our inherent right uninhibited. As was the clear intention of the men whom framed our form of government. It is an absolute necessity that it be removed from the assumed 'authority' of the Treasury Dept. And that, from that point forward. All government should adhere to the expressly declared bounds placed upon it. Which bounds were set in the main body of We The People's Constitution; to “provide for the common defense”. As well as, and in even more explicit terms, in our Bill of Rights, to Wit;

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 clause;

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

(common defense)

Restrictive clause;

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

(individual defense)

It seems to appear that this gentleman had the FACTS of the matter correct here:

"'TREASURY DEPARTMENT,

"'WASHINGTON, D. C., May 23, 1862.

"...'Until further instructed, you will regard as contraband of war the following articles; viz., cannons, mortars, fire-arms, pistols, bombs, grenades, fire-locks, flints, matches, powder, saltpetre, balls, bullets, [ U S v. Mora 97 U.S. 413 (1878)] pikes, swords, sulphur, helmets, or boarding-caps, sword-belts, saddles and bridles (always excepting the quantity of the said articles which may be necessary for the defence of the ships and of those who compose the crew), cartridge-bag material, percussion and other caps, clothing adapted for uniforms, resin, sail-cloth of all kinds, hemp and cordage, masts, ship timber, tar and pitch, ardent spirits, military persons in the service of the enemy, despatches of the enemy, and articles of like character with those specially enumerated...."

"...S. P. CHASE,

'Sec't'y of the Treasury.

- As quoted from; U S v. MORA, 97 U.S. 413 (1878), U.S. Supreme Court, October Term, 1878.

[Salmon Portland Chase, (January 13, 1808 – May 7, 1873), served as a U.S. Senator from Ohio, as well as Governor. In addition, he was U.S. Treasury Secretary under President Abraham Lincoln, and later Chief Justice of the United States Supreme Court.] 

Based upon all of the information gathered above. As well as a massive amount of additional information concerning our Right. Which covers the periods before the enumeration into our present Constitution. The true and established precedent set just prior to, and during the debates. Quotations concerning our right, made by our first President. As well as information gathered after the fact. There can be no doubt that most of the governments in the United States of America. Have grossly, and tyrannically exceeded the Constitutionally set bounds of their delegated authority. Regardless of the seeming expediency or necessity used to justify these usurpations. They are still Constitutionally REPUGNANT, and therefore NULL and VOID, (in the TRULY legal sense). Which would most definitely be the case if our country were still operating as was originally intended.

The whole point being, is that We The People need to resume our Rightful authority. And force our SERVANTS to return to SERVING us in the correct Constitutional manner. Rather than allowing them to continue to recklessly disregard the instrument that we ALL are bound to observe.

False precedence must NEVER be allowed to stand. For if allowed, it thereby defeats the whole purpose of a written Constitution. Which is meant to keep the whole body of the states operating in unison. That instrument does NOT live and breathe. It is meant to be as if it were written in stone, unless lawfully amended by We The People.