From: [s--m--l] at [crl.com] (Stephen J. Kimmel) Newsgroups: talk.politics.misc,talk.politics.guns,alt.politics.libertarian Subject: What is "well regulated?" was: (Re: Second Amendment Law) Date: 25 Aug 1994 23:39:04 -0700 Summary: what did "well regulated" mean way back then Expires: In article <[DOCONNOR 94 Aug 25155001] at [sedona.intel.com]> [d--on--r] at [sedona.intel.com] (Dennis O'Connor) writes: >] What I'm really after is whether they >] were specifically instituted so that the Bill of Rights could be interpreted >] as giving the average male citizen the right to bear arms. > >According to the authors of the Bill of Rights, yes. Pop down to >a local bookstore and buy a copy of "The Federalist Papers". >Or check through a list of Thomas Jefferson's quotations, >or George Washington, or any of the Clinton-branded "radicals" >who chartered this nation's government. >-- >Dennis O'Connor [d--on--r] at [sedona.intel.com] >Intel i960(R) Microprocessor Division Solely responsible for what I do. > > And what did they say at the time they were writing it? from the bicentennial edition of the "Notes of Debates in the Federal Convention of 1787 Reported by James Madison", W. W. Norton & Co., ISBN: 0-393-30405-1. Page 512: In Convention Thursday Aug: 23. 1787 The Report of the Committee of Eleven made Aug: 21. Being taken up, and the following clause being under consideration to wit "To make laws for organizing, arming & disciplining the Militia, and for governing such part of them as may be employed in the service of the U.S. reserving to the States respectively, the appointment of the officers, and the authority of training the militia according to the discipline prescribed --" Mr. Sherman moved to strike out the last member-- "and authority of training &c. He thought it unnecessary. The States will have this authority of course if not given up. Mr. Elsworth doubted the propriety of striking out the sentence. The reason assigned applies as well to the other reservation of the appointment to offices. He remarked at the same time that the term discipline was of vast extent and might be so expounded as to include all power on the subject. Mr. King, by way of explination, said that by _organizing_, the Committee meant, proportioning the officers & men - by _arming_, specifying the kind size & caliber of arms - & by _disciplining_ prescribing the manual exersize evolutions &c. Mr. Sherman withdrew his motion. Mr. Gerry. This power in the U.S. as explained is making the States drill-sergeants. He had as lief[sic] let the Citizens of Massachussets be disarmed, as to take command from the States, and subject them to the Genl. Legislature. It would be regarded as a system of Despotism. Mr. Madison observed that "arming" as explained did not extend to furnishing arms; nor the term "disciplining" to penalities & Courts Martial for enforcing them. Mr. King added, to his former explination that arming meant not only to provide for uniformity of arms, but included the authority to regulate the modes of furnishing, either by the Militia themselves, the State Governments, or the National Treasury: that _laws_ for disciplining, must involve penalties and every thing necessary for enforcing penalties. Mr. Dayton moved to postpone the paragraph, in order to take up the following proposition "To establish an uniform & general system of discipline for the Militia of these States, and to make laws for organizing, arming, disciplining & governing [begin itallics] such part of them as may be employed in the service of the U.S.[end itallics], reserving for the States respectively the appointment of the officers, and all authority over the Militia not herin given to the General Government" On the question to postpone in favor of this proposition: it passed in the Negative. N.H. no. Mas no. Ct. no. N.J. ay. P. no. Del. no. Maryd. ay. Va. no. N.C. no. S.C. no. Geo. ay. Mr. Elsworth & Mr. Sherman moved to postpone the 2d. clause in favor of the following "To establish an uniformity of arms, exersize & organizing for the Militia, and to provide for the Government of them when called into service of the U. States" The object of this proposition was to refer the plan for the Militia to the General Govt. but leave the execution of it to the State Govt. Mr. Langdon said He could not understand the jealousy expressed by some Gentleman. The General & State Govt. were not enemies to each other, but different institutions for the good of the people of America. As one of the people he could say, the National Govt. is mine, the State Govt. is mine. In transferring power from one to the other, I only take out of my left hand what it can not so well use, and put it into my right hand where it can be better used. Mr. Gerry thought it was rather taking out of the right hand & putting it into the left. Will any man say that liberty will be as safe in the hands of eighty or a hundred men taken from the whole continent, as in the hands of two or three hundred taken from a single state. Mr. Dayton was against so absolute a uniformity. In some States there ought to be a greater proportion of cavalry than in others. In some places rifles would be most proper, in others muskets &c. Genl. Pinkney prefered the clause reported by the Committee, extending the meaning of it to the case of fines &c. Mr. Madison. The primary object is to secure effectual discipline of the Militia. This will no more be done if left to the States separately than the requisitions have been hitherto paid by them. The States neglect their Militia now, and the more they are consolidated into one nation, the less each will rely on its own interior provisions for its safety & the less prepare its Militia for that purpose; in like manner as the Militia of a State would have been still more neglected than it has been if each County had been independently charged with the care of its Militia. The discipline of the Militia is evidently a _National_ concern, and ought to be provided for in the _National_ Constitution. Mr. L. Martin was confident that the States would never give up the power over the Militia; and that, if they were to do so the militia would be less attended to by the Genl. than by the State Governments. Mr. Randolf asked what danger there could be that the Militia could be brought into the field and made to commit suicide on themselves. This is a power that can not from its nature be abused, unless indeed the whole mass should be corrupted. He was for trammelling the Genl. Govt. whenever there was danger, but here there could be none. He urged this as an essential point; observing that the Militia were every where neglected by the State Legislatures, the members of which courted popularity too much to enforce a proper discipline. Leaving the appointment of officers to the states protects the people agst. every apprehension that could produce a murmur. On the question on Mr. Elsworth's Motion N.H. no. Mas. no. Ct. ay. N.J. no. Pa. no. Del. no. Md. no. Va. no. N.C. no. S.C. no. Geo. no. A motion was then made to recommit the 2d. clause which was negatived. On the question to agree to the 1st. part of the clause, namely "To make laws for organizing arming & disciplining the Militia, and for governing such part of them as may be employed in the service of the U.S." N.H. ay. Mas. ay. Ct. no. N.J. ay. Pa. ay. Del. ay. Md. no. Va. ay. N.C. ay. S.C. ay. Geo. ay. Mr. Madison moved to amend the next part of the clause so as to read "reserving to the States respectively, the appointment of the officers, [begin itallics] under the rank of General officers"[end itallics] Mr. Sherman considered this absolutely inadmissible. He said that if the people should be so far asleep as to allow the most influential officers of the militia to be appointed by the Genl. Government, every man of discernment would rouse them by sounding the alarm to them. Mr. Gerry. Let us at once destroy the State Govts. have an Executive for life or hereditary, and a proper Senate, and then there would be some consistency in giving full powers to the Genl. Govt. but as the States are not to be abolished, he wondered at the attempts that were made to give powers inconsistent with their existence. He warned the Convention agst. pushing the experiment too far. Some people will support a plan of vigorous Government at every risk. Others of a more democratic cast will oppose it with equal determination, and a Civil war may be produced by the confilct. Mr. Madison. As the greatest danger is that of disunion of the States, it is necessary to guard agst. it by sufficient powers to the Common Govt. and as the greatest danger to liberty is from large standing armies, it is best to prevent them, by an effectual provision for a good Militia. On the Question to agree to Mr. Madison's motion N.H. ay. Mas. no. Ct. no. N.J. no. Pa. no. Del. no. Md. no. Va. no. N.C. no. S.C. ay. Geo. ay.[in the printed journal Geo: no.] On the question to agree to the "reserving to the States the appointment of the officers". It was agreed to nem: contrad: On the question on the clause "and the authority of training the Militia according to the discipline prescribed by the U.S.--" N.H. ay. Mas. ay. Ct. ay. N.J. ay. Pa. ay. Del. no. Md. ay. Va. no. N.C. ay. S.C. no. Geo. no. On the question to agree to Art. VII Sect. 7 as reported It passed nem. contrad: This is from the notes James Madison took at the Constitutional Convention of 1787, released after his death. Being in note form they are somewhat jumpy with inconsistent puncuation, but hopefully you get the sense of it. Don't ask me what "nem: contrad:" means. The bicentennial edition was published in 1987 by Norton by arrangement with Ohio University Press and in Canada by Penguin Books Canada Ltd. I found my copy at a used book sale. I don't know if it's still in print. The book is about 660 pages long and is a great window in into the actual debates and dialogue of the convention. Article I, Section 8, #16. To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respectively, the appointment of officers, and the authority of training the militia according to the discipline prescribed by Congress; -- Steve Kimmel [s--m--l] at [crl.com] Phoenix, Arizona