Journal of the Senate of the United States of America,

December 3, 1816

(Excerpts)

“...Happily, I shall carry with me from the public theatre, other sources, which those who love their country most, will best appreciate. I shall behold it blessed with tranquillity and prosperity at home, and with peace and respect abroad. I can indulge the proud reflection, that the American people have reached, in safety and success, their fortieth year as an independent nation; that, for nearly an entire generation, they have had experience of their present constitution, the offspring of their undisturbed deliberations and of their free choice; that they have found it to bear the trials of adverse as well as prosperous circumstances; to contain, in its combination of the federate and elective principles, a reconcilement of public strength with individual liberty, of national power for the defence of national rights, with a security against wars of injustice, of ambition, and of vain glory, in the fundamental provision which subjects all questions of war to the will of the nation itself, which is to pay its costs and feel its calamities. Nor is it less a peculiar felicity of this Constitution, so dear to us all, that it is found to be capable, without losing its vital energies, of expanding itself over a spacious territory, with the increase and expansion of the community for whose benefit it was established.

“And may I not be allowed to add to this gratifying spectacle, that I shall read in the character of the American people, in their devotion to true liberty, and to the Constitution which is its palladium, sure presages, that the destined career of my country will exhibit a government pursuing the public good as its sole object, and regulating its means by the great principles consecrated in its charter, and by those moral principles to which they are so well allied: A government which watches over the purity of elections, the freedom of speech and of the press, the trial by jury, and the equal interdict against encroachments and compacts between religion and the state; which maintains inviolably the maxims of public faith, the security of persons and property, and encourages, in every authorized mode, that general diffusion of knowledge which guarantees to public liberty its permanency, and to those who possess the blessing, the true enjoyment of it: A government which avoids intrusions on the internal repose of other nations, and repels them from its own; which does justice to all nations With a readiness equal to the firmness with which it requires justice from them; and which, whilst it refines its domestic code from every ingredient not congenial with the precepts of an enlightened age, and the sentiments of a virtuous people, seeks, by appeals to reason, and by its liberal examples, to infuse, into the law which governs the civilized world, a spirit which may diminish the frequency, or circumscribe the calamities of war, and meliorate the social and beneficent relations of peace: A government, in a word, whose conduct, within and without, may bespeak the most noble of all ambitions--that of promoting peace on earth, and good will to man.

“These contemplations, sweetening the remnant of my days, will animate my prayers for the happiness of my beloved country, and a perpetuity of the institutions under which it is enjoyed.”

• President James Madison

Security of persons you say Mr. Madison? That would seem to fall right into line with what you had submitted on July 8, 1789 to Congress;

“The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.”

“The right of the people” clause is the ONLY clause that remained unchanged throughout the whole debate concerning Amendment II. The separation of intent between the two clauses in Amendment II, is clarified in the 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, 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,

Restrictive clause;

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

* - INFRING'ED, pp. Broken; violated; transgresses. (As defined by WEBSTER'S 1828 DICTIONARY).

Furthermore, the right to Keep and Bear Arms was considered as a preexistent natural right. And “The transcendent Laws of Nature and of Natures God” are the justification that Mr. Madison used for the implementation of the new Constitution;

"....The express authority of the people alone could give due validity to the Constitution....”

"...The first question is answered at once by recurring to the absolute necessity of the case; to the great principle of self-preservation; to the transcendent law of nature and of nature's God, which declares that the safety and happiness of society are the objects at which all political institutions aim, and to which all such institutions must be sacrificed. Perhaps, also, an answer may be found without searching beyond the principles of the compact itself...."

"...It is one of those cases which must be left to provide for itself. In general, it may be observed, that although no political relation can subsist between the assenting and dissenting States, yet the moral relations will remain uncancelled. 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; whilst considerations of a common interest, and, above all, the remembrance of the endearing scenes which are past, and the anticipation of a speedy triumph over the obstacles to reunion, will, it is hoped, not urge in vain moderation on one side, and prudence on the other."

PUBLIUS

• James Madison, The Federalist No. 43, Jan. 23, 1788.

And Mr. Madison gave the assurance that our Right(s) were indeed secured perpetually;

"It is a fortunate thing that the objection to the Government has been made on the ground I stated; because it will be practicable, on that ground, to obviate the objection, so far as to satisfy the public mind that their liberties will be perpetual, and this without endangering any part of the Constitution, which is considered as essential to the existence of the Government by those who promoted its adoption...."

"In some instances they assert those rights which are exercised by the people in forming and establishing a plan of Government. In other instances, they specify those rights which are retained when particular powers are given up to be exercised by the Legislature. In other instances, they specify positive rights, which may seem to result from the nature of the compact. Trial by jury cannot be considered as a natural right, but a right resulting from a social compact which regulates the action of the community, but is as essential to secure the liberty of the people as any one of the pre-existent rights of nature."

- James Madison, June 8, 1789 House of Representatives, Amendments to the Constitution 8 June

The Laws of Nature were outlined by Mr. Thomas Hobbs in his work 'Leviathan' of 1651. And was referenced by men such as John and Samuel Adams, Benjamin Franklin, Elbridge Gerry, Patrick Henry, Thomas Jefferson, Mr. Madison, George Mason, George Washington and others. Mr. Hobbs stated that;

“The First Law of Nature is that every man ought to endeavour peace, as far as he has hope of obtaining it; and when he cannot obtain it, that he may seek and use all helps and advantages of war.”

The principle of self-preservation was used as the justification for our Declaration of Independence. And were considered as an unalienable entitlement. This is made crystal clear in the First and Reported drafts of the Declaration;

“...We hold these truths to be sacred & undeniable self-evident; that all men are created equal,& independent; that from that equal creation they derive in they are endowed by their creator with equal rights some of which are certain [inherent &] inalienable rights; that among which these are the preservation of life,& liberty, & the pursuit of happiness; that to secure these ends rights, governments are instituted among men, deriving their just powers from the consent of the governed; that whenever any form of government shall becomes destructive of these ends, it is the right of the people to alter or to abolish it, & to institute new government, laying it's foundation on such principles & organising it's powers in such form, as to them shall seem most likely to effect their safety & happiness....”

And the particular “Liberty” or Right was indeed secured, (even prior to the Bill of Rights), in the preamble of the United States Constitution itself;

"We the people of the United States, in order to form a more perfect union,
establish justice, insure domestic tranquillity, provide for the common defence,
promote the general welfare, and secure the blessing of liberty to ourselves and our posterity, do ordain and establish this Constitution for
the United States of America."

Based upon the preponderance of a very considerable amount of evidence. There can be no disputation that the Right of the People to Keep and Bear Arms Shall NOT be Infringed.  But rather, as indicated by Mr. Madison in the above Presidential address. The Right was to receive the permanent guarantee of security, from the federal government, to the American citizens of ALL of the states.

 

The following shows what Mr. Madison's thoughts on the subject were on April 26, 1783;

"Let it be remembered finally, that it has ever been the pride and boast of America, that the rights for which she contended, were the rights of human nature. By the blessing of the author of these rights, on the means exerted for their defence, they have prevailed against all opposition, and form at this time the basis of thirteen independent states. No instance has heretofore occurred, nor can any instance be expected hereafter to occur, in which the unadulterated forms of Republican government can pretend to so fair an opportunity of justifying themselves by their fruits. In this view the citizens of the United States are responsible for the greatest trust ever confided to a political society. If justice, good faith, honor, gratitude and all the other virtues qualities which ennoble the character of a nation, and fulfil the ends of government, be the fruits of our establishments, the cause of liberty will acquire a dignity and lustre which it has never yet enjoyed; and an example will be set which cannot fail to but have the most favourable influence on the rights of mankind. If on the other side, our governments should be unfortunately blotted with the reverse of these cardinal and essential qualities virtues, the great cause which we have engaged to vindicate will be dishonored and betrayed; the last and fairest experiment in favour of the rights of human nature will be turned against them, and their patrons and friends exposed to be insulted and silenced by the sycophants votaries of tyranny and usurpation."

In closing, there is a quote from Mr. Patrick Henry that seems to have echoed Mr. Madison's sentiments directly above. As well as, summed up our present situation in the best manner possible;

"The great and direct end of government is liberty. Secure our liberty and privileges, and the end of government is answered. If this be not effectually done, government is an evil."

- Patrick Henry, June 25, 1788, The Debates in the Several State Conventions on the Adoption of the Federal Constitution, (Virginia). [Elliot's Debates, Volume 3].

It would certainly seem to appear that the present state of our government is, indeed, an evil.....