Journal of the Senate of the United States of America,
THURSDAY, June 14, 1832.

...The Senate resumed the consideration of the amendment of the House of Representatives to the bill entitled "An act to authorize the mounting and equipment of a part of the army of the United States," to wit:

Strike out all after the enacting clause, and insert the following:

"That [for the more perfect defence of the frontier of the United States, the President is hereby authorized, whenever, in his opinion, the public service may require it, to receive into the service of the United States any number of mounted volunteer gun men, not exceeding one thousand men, who shall be organized, under the direction of the President, to serve on the frontier, between the first of April and the 1st of November in each year, or longer if necessary; the said troops shall receive the same pay and emoluments, while in actual service, that are allowed to mounted troops, by an act entitled 'An act for regulating the pay of the militia when called into actual service,' approved the second of January, one thousand seven hundred and ninety-five;] that the sum of fifty thousand dollars be, and the same is hereby, appropriated for the purpose of carrying this act into effect.

On motion by Mr. Tipton,

To amend the said amendment by striking out all after the word "that," in the first line, to the word "that" where it occurs last in the said amendment, and inserting the following words: The President of the United States be, and he is hereby, authorized to raise, either by the acceptance of volunteers or enlistment for one year, unless sooner discharged, -- mounted rangers, to be armed, equipped, mounted, and organized in such manner, and to be under such regulations and restrictions as the nature of the service may, in his opinion, make necessary.

• Sec. 2. And be it further enacted, That each of the said companies of rangers shall consist of one captain, one first, one second, and one third lieutenant, five sergeants, five corporals, and one hundred privates; the whole to form a battalion, and be commanded by a major.

• Sec. 3. And be it further enacted, That the said non-commissioned officers and privates shall arm and equip themselves, unless otherwise ordered by the President, and provide their own horses, and shall be allowed, each -- per day as a full compensation for their services, and the use of their arms and horses. The commissioned offices shall receive the same pay and emoluments as officers of the same grade in the army of the United States; and the officers shall be allowed forage for their horses, and be entitled to the same rations as those of the same grade in the army of the United States, respectively.

• Sec. 4. And be it further enacted, That the officers, non-commissioned officers, and privates, raised pursuant to this act, shall be entitled to the like compensation, in case of disability by wounds or otherwise, incurred in the service, as has heretofore been allowed to officers, non-commissioned officers, and privates in the military establishment of the United States; and shall be subject to the rules and articles of war, and such regulations as have been, or shall be established, according to law, for the government of the army of the United States, as far as the same may be applicable to the said rangers, within the intent and meaning of this act, for the protection and defence of the north-western frontier of the United States.

• Sec. 5. And be it further enacted, That the President of the United States, by and with the advice and consent of the Senate, is hereby authorized to appoint all the officers proper to be appointed under this act; which appointments may be made during the recess of the Senate, but shall be submitted to the Senate at their next session for their advice and consent; and

A division of the motion was called for by Mr. Hayne; and the question was accordingly taken on the first member thereof, to wit: to strike out the proposed words;

• And it was determined in the affirmative,

• Yeas, ... 30,

• Nays, ... 11.

On motion by Mr. Hayne,

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

Well now, that is quite interesting AND informative, yes? First, we see that there is an obvious distinction when one enters into the service. Which is perfectly consistent with the first clause of Amendment II, also known as the “Declaratory Clause”, to Wit;

Preamble to the Bill of Rights -

“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...”

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

Next, we find that it is “enacted, That the said non-commissioned officers and privates shall arm and equip themselves”. As well as receive a per diem for use of their OWN ARMS while in the service of the government. Which would provide reasonable logic for the second clause of Amendment II. Which, as indicated above, is known as the “Restrictive Clause”;

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

It is quite clear that the “mounted volunteer gun men”, were previously armed. Which shows that it was their preexistant Natural Right to do so. And, keep in mind that this was enacted by the Senate. That is the way it appears to me, anyways. How does it appear to you?

To clarify the above contention. Let us look at how it appeared to “Mr. Henry” in 1774;

"Mr. Henry for it. Says that a preparation for Warr is Necessary to obtain peace--That America is not Now in a State of peace--That all the Bulwarks, of Our Safety, of Our Constitn. are thrown down, That We are Now in a State of Nature--That We ought to ask Ourselves the Question should the planns of Nonim [portatio] n & Nonexp [oratio] n fail of success--in that Case Arms are Necessary, & if then, it is Necessary Now. Arms are a Resource to which We shall be forced, a Resource afforded Us by God & Nature, & why in the Name of both are We to hesitate providing them Now whilst in Our power."

- Silas Deane's Diary, [Oct. 3, 1774]. [Letters of Delegates to Congress: Volume 1 AUGUST 1774 - AUGUST 1775]

2006 GunShowOnTheNet.com