MILITIA the True Definition, Intent and the Limitations that James Madison set upon Standing Armies - QuotesSubmitted by Richard Taylor APP on Tue, 01/24/2012 - 17:23
The Definition MILITIA by James Madison, is that of a CIVILIAN FORCE, which is to serve as an OPPOSING FORCE to any standing army;
Along with this is a very defining statement that the MILITIA be officered by men chosen "among THEMSELVES"; Not by the standing army, and not by government.
This being the intent in creating and understanding the compact and common law as the first law of nature being self preservation, no other description in law, however written or documented, can exceed it.
The quotes below establish this as fact:
President George Washington presented his mistrust in the federal government very clearly and defined the true intent where the powers should lay, and that is in the hands of the civilians.
In response to a proposal for gun registration George Washington in 1790 said: "Absolutely not. If the people are armed and the "federalists" do not know where the arms are, there can never be an oppressive government."
The RIGHT to "CONCEAL" from the federal government; The purpose clearly stated to have the power to put down an oppressive federal government.
This is clearly in line with the "12th Grievance of the Declaration of Independence" ( http://www.pacificwestcom.com/independence ); This defines the Intent of the 2nd Amendment and the intent of the Founders.
Elbridge Gerry, a representative to Congress from Massachusetts during the debates over the Bill of Rights "What, Sir, is the use of a militia? It is to "prevent the establishment of a standing army", the "bane" of liberty ...
... Whenever Governments mean to invade the rights and liberties of the people, they always attempt to destroy the militia, in order to raise an army upon their ruins."
Lets review other words of James Madison with regards to "MILITIAS" and standing armies; The purpose and the "POWER RATIO" between them:
James Madison who wrote the Constitution together the Bill of Rights:
"The highest number to which a standing army can be carried in any country does not exceed one hundredth part of the souls, or one twenty-fifth (1/25th) part of the number able to bear arms.
This "PORTION" would not yield, in the United States, an army of more than twenty-five or thirty thousand men.
To "these" would be opposed
(APP: VERY IMPORTANT - indicating that the "MILITIA" is to be a >>>"OPPOSING FORCE" to the standing army as well as that of foreign enemies)
a "MILITIA" amounting to near half a million "CITIZENS" with arms in their HANDS,
"officered by men chosen from >>>"among THEMSELVES",
(APP: Not chosen by the government or by the standing army)
fighting for "their" (the citizen / militia's) common liberties and united and conducted by government"S" possessing their (the citizen / militia's) affections and confidence.
It may well be doubted whether a "MILITIA" "thus circumstanced" could ever be conquered by such a "proportion" (i.e. POWER RATIO) of regular troops (i.e. standing army).
Besides the advantage of (THE CITIZENS) being armed, it forms a barrier against the "enterprises of ambition", more insurmountable than any which a simple government of any form can admit of.
The governments of Europe are afraid to trust the people with arms.
If they did, the people would surely shake off the yoke of tyranny, as America did.
Let us not insult the free and gallant citizens of America with the suspicion that they would be less able to defend the rights of which they would be in actual possession than the debased subjects of arbitrary power would be to rescue theirs from the hands of their oppressors."
John Adams in A Defense Of The Constitution:
"Arms in the hands of individual citizens may be used at individual discretion ... in private self-defense."
Samuel Adams, John Adams' second or third cousin, during Massachusetts' U.S. Constitution ratification convention in 1788.
"The Constitution shall never be construed to prevent the people of the United States who are peaceable citizens from keeping their own arms."
"The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in Government."
Part of the proposed Virginia Constitution, in 1776.
"No free man shall ever be debarred the use of arms."
Jefferson quoting Cesare Beccaria — a Milanese criminologist whom he admired who was also his contemporary — in On Crimes and Punishment;
"Laws that forbid the carrying of arms ... disarm only those who are neither inclined nor determined to commit crimes... Such laws make things worse for the assaulted and better for the assailants; they serve rather to encourage than to prevent homicides, for an unarmed man may be attacked with greater confidence than an armed man."
Thomas Paine from his Thoughts On Defensive War written in 1775:
"Arms discourage and keep the invader and plunderer in awe, and preserve order in the world as well as property. Horrid mischief would ensue were the law-abiding deprived of the use of them."
George Washington January 7, 1790 :
"Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence. From the hour the Pilgrims landed, to the present day, events, occurrences, and tendencies prove that to ensure peace, security and happiness, "the rifle and pistol" are "equally indispensable". The very atmosphere of firearms "everywhere" restrains evil interference — they deserve a place of honor with all that's good."
George Mason when the Constitution was being debated:
"To disarm the people; that it was the best and most effectual way to enslave them."
Absolute Rights of the Colonists - Samuel Adams - 1772
1st. Natural Rights of the Colonists as Men.--
Among the Natural Rights of the Colonists are these First. a Right to Life; Secondly to Liberty; thirdly to Property; together with the Right to support and defend them in the >>>"best manner they can"-- (APP: Note that there are no limitations in how our the means)
Those are evident Branches of, rather than deductions from the Duty of Self Preservation, commonly called >>>"the first Law of Nature"--
All Men have a Right to remain in a State of Nature as long as they please: And in case of intollerable Oppression, Civil or Religious, to leave the Society they belong to, and enter into another.--
When Men enter into Society, it is by voluntary consent; and they have a right to demand and insist upon the performance of such conditions, And previous limitations as form an equitable "ORIGINAL COMPACT".--
Every natural Right not "expressly" given up or from the nature of a Social Compact "necessarily" ceded "REMAINS".--
American Patriot Party.CC