Who is the militia?

Today's crisis is that of this horrible shooting in Connecticut. Am I the only one to notice that the first people out pushing hard for gun control was the journalistic establishment? How about they try educating people for once? The second amendment is very clear.

Even without reading history, the last two sentences can't be messed up. But we're dealing with progressives, they seek to muddy the waters. And since they've revised all sorts of history and removed large parts of history out of the books altogether, they've built in their own ability to confuse the debate much more effectively. (This has been done by design, mind you. See [1] and [2])

So the focus is often thrown upon questions about the militia. What was the Founder's views on the militia? The 2A makes this pretty clear right in it's own text, the militia is what makes a free state free. But why? First let's ask Noah Webster, who lived during the time of the founding and was very much in favor of independence. In his "An Examination into the Leading Principles of the Federal Constitution", he writes the following: (page 43)

The militia is the whole people. You and me, every one of us. It's sort of a euphemism, an interchangeable word. But Webster wasn't a Founder. He merely observed what others around him were saying, what the laws were written to express, and elaborated upon them. The Founders themselves said similar things. Like Tench Coxe, a Founder from Pennsylvania. In The Pennsylvania Gazette, Feb. 20, 1788, Coxe wrote:

The militia is the whole people. This is very much in line with what Webster wrote. Federalist 46, written by the Father of the Constitution, James Madison, states the following:

So Madison states pretty plainly that we need not fear the Federal government, and can easily disprove the reality of this danger. Why?

"Possess over the people of almost every other nation". Again, that's very much what Webster said. (Madison also lists the existence of state governments, but sadly, the progressives have blown through that firewall of protection) As most of the people in Europe at that time were disarmed, it was very easy for tyrants to rule.

And from there he goes on to talk about congress exempting themselves from duty, as if they were a bunch of monarchs.

But we can see the obvious. The militia is the whole people. The word ignominous means "Marked by shame or disgrace; despicable; degrading; debasing". Which is what tyranny is.

So if only poor and middle class Americans were armed, Mason warns us, tyranny would start to flourish.

Liberty requires the whole of the ~~militia~~ people to be armed. What would really be a shame is if 20 slain angels becomes the reason that iron fisted tyranny commences in these United States of America. But hey, a crisis is a terrible thing to waste.

Let's remember what our Founders said:

Quotes from the Founding Fathers and Their Contemporaries

Introduction
A pinch of wisdom from the Founders with a dash of commentary.

A strong body makes the mind strong. As to the species of exercises, I advise the gun. While this gives moderate exercise to the body, it gives boldness, enterprise and independence to the mind. Games played with the ball, and others of that nature, are too violent for the body and stamp no character on the mind. Let your gun therefore be your constant companion of your walks.
        --- Thomas Jefferson to Peter Carr, 1785. The Writings of Thomas Jefferson, (Memorial Edition) Lipscomb and Bergh, editors.

One loves to possess arms, though they hope never to have occasion for them.
         --- Thomas Jefferson to George Washington, 1796. The Writings of Thomas Jefferson, (Memorial Edition) Lipscomb and Bergh, editors.

We established however some, although not all its [self-government] important principles . The constitutions of most of our States assert, that all power is inherent in the people; that they may exercise it by themselves, in all cases to which they think themselves competent, (as in electing their functionaries executive and legislative, and deciding by a jury of themselves, in all judiciary cases in which any fact is involved,) or they may act by representatives, freely and equally chosen; that it is their right and duty to be at all times armed;
        ---Thomas Jefferson to John Cartwright, 1824. Memorial Edition 16:45, Lipscomb and Bergh, editors.

No freeman shall ever be debarred the use of arms.
         ---Thomas Jefferson: Draft Virginia Constitution, 1776.
The thoughtful reader may wonder, why wasn't Jefferson's proposal of "No freeman shall ever be debarred the use of arms" adopted by the Virginia legislature? Click here to learn why.
They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety.
         ---Benjamin Franklin, Historical Review of Pennsylvania, 1759.

To model our political system upon speculations of lasting tranquility, is to calculate on the weaker springs of the human character.
         ---Alexander Hamilton
Quotes from the Founders During the Ratification Period of the Constitution
[The Constitution preserves] the advantage of being armed which Americans possess over the people of almost every other nation...(where) the governments are afraid to trust the people with arms.
         ---James Madison,The Federalist Papers, No. 46.

To suppose arms in the hands of citizens, to be used at individual discretion, except in private self-defense, or by partial orders of towns, countries or districts of a state, is to demolish every constitution, and lay the laws prostrate, so that liberty can be enjoyed by no man; it is a dissolution of the government. The fundamental law of the militia is, that it be created, directed and commanded by the laws, and ever for the support of the laws.
         ---John Adams, A Defence of the Constitutions of the United States 475 (1787-1788)

John Adams recognizes the fundamental right of citizens, as individuals, to defend themselves with arms, however he states militias must be controlled by government and the rule of law. To have otherwise is to invite anarchy.
The material and commentary that follows is excerpted from Halbrook, Stephen P. "The Right of the People or the Power of the State Bearing Arms, Arming Militias, and the Second Amendment". Originally published as 26 Val. U. L.Rev. 131-207, 1991.
Before a standing army can rule, the people must be disarmed; as they are in almost every kingdom in Europe. The supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any band of regular troops that can be, on any pretence, raised in the United States. A military force, at the command of Congress, can execute no laws, but such as the people perceive to be just and constitutional; for they will possess the power, and jealousy will instantly inspire the inclination, to resist the execution of a law which appears to them unjust and oppressive.
         ---Noah Webster, An Examination of the Leading Principles of the Federal Constitution (Philadelphia 1787).

Who are the militia? Are they not ourselves? Is it feared, then, that we shall turn our arms each man gainst his own bosom. Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American...[T]he unlimited power of the sword is not in the hands of either the federal or state governments, but, where I trust in God it will ever remain, in the hands of the people.
         ---Tenche Coxe, The Pennsylvania Gazette, Feb. 20, 1788.
During the Massachusetts ratifying convention William Symmes warned that the new government at some point "shall be too firmly fixed in the saddle to be overthrown by anything but a general insurrection." Yet fears of standing armies were groundless, affirmed Theodore Sedwick, who queried, "if raised, whether they could subdue a nation of freemen, who know how to prize liberty, and who have arms in their hands?"
[W]hereas, to preserve liberty, it is essential that the whole body of the people always possess arms, and be taught alike, especially when young, how to use them; nor does it follow from this, that all promiscuously must go into actual service on every occasion. The mind that aims at a select militia, must be influenced by a truly anti-republican principle; and when we see many men disposed to practice upon it, whenever they can prevail, no wonder true republicans are for carefully guarding against it.
         ---Richard Henry Lee, The Pennsylvania Gazette, Feb. 20, 1788.
The Virginia ratifying convention met from June 2 through June 26, 1788. Edmund Pendleton, opponent of a bill of rights, weakly argued that abuse of power could be remedied by recalling the delegated powers in a convention. Patrick Henry shot back that the power to resist oppression rests upon the right to possess arms:
Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined.
Henry sneered,
O sir, we should have fine times, indeed, if, to punish tyrants, it were only sufficient to assemble the people! Your arms, wherewith you could defend yourselves, are gone...Did you ever read of any revolution in a nation...inflicted by those who had no power at all?
More quotes from the Virginia convention:
[W]hen the resolution of enslaving America was formed in Great Britain, the British Parliament was advised by an artful man, who was governor of Pennsylvania, to disarm the people; that it was the best and most effectual way to enslave them; but that they should not do it openly, but weaken them, and let them sink gradually...I ask, who are the militia? They consist of now of the whole people, except a few public officers. But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor...
         ---George Mason
Zacharia Johnson argued that the new Constitution could never result in religious persecution or other oppression because:
[T]he people are not to be disarmed of their weapons. They are left in full possession of them.
The Virginia delegation's recommended bill of rights included the following:
That the people have a right to keep and bear arms; that a well-regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state; that standing armies, in time of peace, are dangerous to liberty, and therefore ought to be avoided as far as the circumstances and protection of the community will admit; and that, in all cases, the military should be under strict subordination to, and governed by, the civil power.
The following quote is from Halbrook, Stephen P., That Every Man Be Armed: The Evolution of a Constitutional Right, University of New Mexico Press, 1984.
The whole of that Bill [of Rights] is a declaration of the right of the people at large or considered as individuals...[I]t establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.
         ---Albert Gallatin to Alexander Addison, Oct 7, 1789, MS. in N.Y. Hist. Soc.-A.G. Papers, 2.
Gallatin's use of the words "some rights," doesn't mean some of the rights in the Bill of Rights, rather there are many rights not enumerated by the Bill of Rights, those rights that are listed are being established as unalienable.

Roger Sherman, during House consideration of a militia bill (1790):
[C]onceived it to be the privilege of every citizen, and one of his most essential rights, to bear arms, and to resist every attack upon his liberty or property, by whomsoever made. The particular states, like private citizens, have a right to be armed, and to defend, by force of arms, their rights, when invaded.
14 Debates in the House of Representatives, ed. Linda Grand De Pauw. (Balt., Johns Hopkins Univ. Press, 1972), 92-3.

For post-ratification quotes, see GunCite's: Quotes from constitutional commentators.

br /

Seems to me that the Militia Act of 1792 covers who’s in the militia; and, that would be every male in the country between 18 and 45.

The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.

An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States.

I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.