Quotes from the Founding Fathers regarding Gun Control
QUOTES OF SOME OF THE FOUNDING FATHERS
REGARDING THE INDIVIDUAL RIGHT TO
KEEP AND BEAR ARMS
U.S. Constitution, Amendment II
"A well regulated militia being necessary to the security of a free state,
the right of the people to keep and bear arms shall not be infringed."
SAMUEL ADAMS:
(1) "THE Constitution shall never be construed to authorize Congress to
infringe the just liberty of the press or the rights of conscience; or to
prevent the people of the United States who are peaceable citizens from
keeping their own arms". (Samuel Adams, Debates & Proceedings in the
Convention of the Commonwealth of Massachusetts, 86-87.)
(2) "Arms in the hands of citizens [may] be used at individual
discretion...in private self-defense..." (John Adams, A Defense of the
Constitutions of the Government of the USA, 471 (1788))
TENCH COXE:
(3) "AS civil rulers, not having their duty to the people duly before
them, may attempt to tyrannize, and as the military forces which must be
occasionally raised to defend our country, might pervert their power to the
injury of their fellow citizens, the people are confirmed by the article in
their right to keep and bear arms". (Tench Coxe in "Remarks On The First Part
Of The Amendments to The Federal Constitution". Under the pseudonym "A
Pennsylvanian", in the Philadelphia Federal Gazette, June 8, 1789, at 2 col.
1.)
(4) "THE power of the Sword, say the minority of Pennsylvania, is in the
hands of Congress. My friends, and countrymen, it is not so for THE POWERS OF
THE SWORD ARE IN THE HANDS OF THE YEOMANRY OF AMERICA FROM SIXTEEN TO SIXTY.
The militia of these commonwealths, entitled and accustomed to their arms,
when compared with any possible army, must be tremendous and irresistible. Who
are the militia? Are they not ourselves? Is it feared, then, that we shall
turn our arms each man against 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... The unlimited power of the
sword is not in the hands of either the federal or state government, but,
where I trust in God it will ever remain, in the hands of the people" (Tench
Coxe, Pennsylvania Gazette, Feb. 20, 1788)
JOHN DEWITT:
(5) "IT is asserted by most respectable writers upon our government,
that a well-regulated militia, composed of the yeomanry of the country, have
ever been considered as the bulwark of a free people. Tyrants have never
placed any confidence on a militia composed of freemen" (John Dewitt)
ELBRIDGE GERRY:
(6) "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." (Rep.
Elbridge Gerry of Massachusetts, spoken during floor debate over the Second
Amendment, I Annals of Congress at 750, August 17, 1789)
ALEXANDER HAMILTON:
(7) "...but if circumstances should at any time oblige the government
to form an army of any magnitude, that army can never be formidable to the
liberties of the people, while there is a large body of citizens, little if at
all inferior to them in discipline and use of arms, who stand ready to defend
their rights..." (Alexander Hamilton speaking of standing armies in Federalist
29.)
(8) "The best we can hope for concerning the people at large is that
they be properly armed." (Alexander Hamilton, The Federalist Papers at
184-8)
PATRICK HENRY:
(9) "THE great object is that every man be armed. Everyone who is able
may have a gun". (Patrick Henry, 3 Elliot, Debates at 386.)
(10) "HAVE we no means of resisting disciplined armies, when our only
defense, the militia, is put in the hands of Congress? Of what service would
the militia be to you when, most probably, you will not have a single musket
in the state? For, as arms are to be provided by Congress, they may or may
not provide them." (Patrick Henry)
(11) "Are we at last brobut,
where I trmiliating and debasing
degradation, that we cannot be trusted with arms for our defense? Where is
the difference between having our arms in possession and under our direction,
and having them under the management of Congress? If our defense be the real
object of having those arms, in whose hands can they be trusted with more
propriety, or equal safety to us, as in our own hands?" (Patrick Henry)[8]
(12) "Guard with jealous attention the public liberty. Suspect
everyone who app 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." (Rep.
Elbridge Gerry of Massachusetts, spoken during floor debate over the Second
Amendment, I Annals of Congress at 750, August 17, 1789)
ALEXANDER HAMILTON:
(7) "...but if circumstances should at any time oblige the government
to form an army of any magnitude, that army can never be formidable to the
liberties of the people, while there is a large body of citizens, little if at
all inferior to them in discipline and use of arms, who stand ready to defend
their rights..." (Alexander Hamilton speaking of standing armies in Federalist
29.)
(8) "The best we can hope for concerning the people at large is that
they be properly armed." (Alexander Hamilton, The Federalist Papers at
184-8)
PATRICK HENRY:
(17) "No freeman shall ever be debarred the use of arms." (Thomas
Jefferson, proposal Virginia Constitution, June 1776, 1 T. Jefferson Pa-
pers,334 (C.J. Boyd, Ed.,1950))
(18) "And what country can preserve its liberties, if its rulers are
not warned from time to time that this people preserve the spirit of resis-
tance? Let them take arms....The tree of liberty must be refreshed from time
to time, with the blood of patriots and tyrants. It is its natural manure."
(Thomas Jefferson)[6]
(19) "A Strong body makes the mind strong. As to the species of exercis-
es, 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 the constant companion of
your walks". (Thomas Jefferson, Encyclopedia of Thomas Jefferson, 318, Foley,
Ed. reissued 1967)
(20) "ON every question of construction (of the Constitution) let us
carry ourselves back to the time when the Constitution was adopted, recollect
the spirit manifested in the debates, and instead of trying what meaning may
be squeezed out of the text, or invent against it, conform to the probable one
in which it was passed". (Thomas Jefferson, letter to William Johnson, June
12, 1823, The Complete Jefferson, p322.)
ZACHARIAH JOHNSON:
(21) "THE people are not to be disarmed of their weapons. They are left
in full possession of them" (Zachariah Johnson, 3 Elliot, Debates at 646.)
RICHARD HENRY LEE:
(22) "A MILITIA, when properly formed, are in fact the people them-
selves...and include all men capable of bearing arms". (Richard Henry Lee,
additional letters from the Federal Farmer. 1788 at 169).
(23) "To preserve liberty, it is essential that the whole body of
people always possess arms, and be taught alike, especially when young, how to
use them..." (Richard Henry Lee, 1788, Initiator of the Declaration of
Independence, and member of the first Senate, which passed the Bill of
Rights.)[5]
(24) "No free government was ever founded, or ever preserved its
liberty, without uniting the characters of the citizen and soldier in those
destined for the defense of the state...Such area well-regulated militia,
composed of the freeholders, citizen and husbandman, who take up arms to
preserve their property, as individuals, and their rights as freemen" (Richard
Henry Lee)
JAMES MADISON:
(25) "THE Right of the people to keep and bear...arms shall not be
infringed. A well regulated militia, composed of the people, trained to arms,
is the best and most natural defense of a free country..." (James Madison, I
Annals of Congress 434, June 8, 1789)
(26) "CONGRESS shall never disarm any citizen unless such as are or have
been in Actual Rebellion." (James Madison)
(27) "AMERICANS have the right and advantage of being armed, unlike the
citizens of other countries whose governments are afraid to trust the people
with arms". (James Madison, The Federalist Papers, #46, at 243-244.)
(28) "Besides the advantage of being armed, which the Americans possess
over the people of almost every other nation. ...Notwithstanding the military
establishments in the several kingdoms of Europe, which are carried as far as
the public resources will bear, the governments are afraid to trust the people
with arms." (James Madison, author of the Bill of Rights, in Federalist Paper
No. 46. at 243-244)
(29) "the ultimate authority...resides in the people alone," (James
Madison, author of the Bill of Rights, in Federalist Paper No. 46.)
GEORGE MASON:
(30) "I ask, sir, what is the militia? It is the whole people except
for a few public officials." (George Mason, 3 Elliott, Debates at 425-426)
(31) "...to disarm the people (is) the best and most effective way to
enslave them..." (George Mason, 3 Elliot, Debates at 380)
(32) "AMERICANS have the right and advantage of being armed..the
Americans possess over the people of all other nations..Notwithstanding the
military establishments in the several Kingdoms of Europe, which are carried
as far as the public resources will bear, the governments are afraid to trust
the people with arms."
(33) "...the people have a right to keep and bear arms." (Patrick Henry
and George Mason, Elliot, Debates at 185)
THOMAS PAINE:
(34) "THE supposed quietude of a good man allures the ruffian; while on
the other hand, arms like laws, discourage and keep the invader and the
plunderer in awe, and preserve order in the world as well as property. The
same balance would be preserved were all the world destitute of arms, for all
would be alike; but since some will not, others dare not lay them
aside...Horrid mischief would ensue were one half the world deprived of the
use of them..." (Thomas Paine, I Writings of Thomas Paine at 56, 1984)
(35) "The supposed quietude of a good man allures the ruffian; while on
the other hand, arms like laws discourage and keep the invader and the
plunderer in awe, and preserve order in the world as well as property. The
same balance would be preserved were all the world destitute of arms, for all
would be alike; but since some will not, others dare not lay them aside...
Horrid mischief would ensue were one half the world deprived the use of
them..." (Thomas Paine, I writings of Thomas Paine at 56 (1894))
SEDGWICK:
(36) "if raised, whether they could subdue a Nation of freemen, who
know how to prize liberty, and who have arms in their hands?" (Delegate
Sedgwick, during the Massachusetts Convention, rhetorically asking if an
oppressive standing army could prevail)[3]
GEORGE WASHINGTON:
(37) "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 happi-
ness, 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 Washington)
(38) "THERE is nothing so likely to produce peace as to be well prepared
to meet the enemy." (George Washington)
(39) "TO be prepared for war is one of the most effectual means of
preserving peace." (George Washington) An obvious reference to a Latin
phrase, "Si vis paceum, parabellum." (40) "A free people ought...to be
armed..." (George Washington, speech of January 7, 1790 in the Boston
Independent Chronicle, January 14, 1790)
NOAH WEBSTER:
(41) "Before a standing army can rule, the people must be disarmed; as
they are in almost every kingdom of 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 bands of regular troops that
can be, on any pretense, raised in the United States" (Noah Webster in a
pamphlet aimed at swaying Pennsylvania toward ratification)[2]
"The right of the people to keep and bear arms has been recognized by the
General Government; but the best security of that right after all is, the
military spirit, that taste for martial exercises, which has always
distinguished the free citizens of these states...Such men form the best
barrier to the liberties of America." (Gazette of the United States, October
14, 1789)
* * * * *
"THE BILL OF RIGHTS --- Void where prohibited by law"
Additional Comments and Observations
"No legislative act contrary to the Constitution can be valid. To deny
this would be to affirm that the deputy is greater than his principal; that
the servant is above the master; that the representatives of the people are
superior to the people; that men, acting by virtue of powers may do not only
what their powers do not authorize, but what they forbid. It is not to be
supposed that the Constitution could intend to enable the representatives of
the people to substitute their will to that of their constituents. A
Constitution is, in fact, and must be regarded by judges as fundamental law.
If there should happen to be an irreconcilable variance between the two, the
Constitution is to be preferred to the statute." (A.Hamilton, Federalist
Papers #78 See also Warning v. The Mayor of Savannah, 60 Georgia, P.93; First
Trust Co. v. Smith, 277 SW 762, Marbury v. Madison, 2 L Ed 60; and Am.Juris.
2d Constitutional Law, section 177-178)
"All laws which are repugnant to the Constitution are null and void."
Marbury vs. Madison
"It cannot be presumed that any clause in the Constitution is intended
to be without effect..." - Chief Justice John Marshall, Marbury v. Madison,
1803
"Prohibition goes beyond the bounds of reason in that it attempts to
control a man's appetite by legislation and makes crimes out of things that
are not crimes. A prohibition law strikes a blow at the very principles upon
which our government was founded." - Abraham Lincoln
"Where rights secured by the Constitution are involved, there can be no
rule making or legislation which would abrogate them." Miranda vs. Arizona
"When any court violates the clean and unambiguous language of the
constitution, a fraud is perpetrated and no one is bound to obey it." - State
v. Sutton 63 Minn 167, 65 NW 262, 30 LRA 630
"Constitutional rights may not be infringed simply because the majority
of the people choose that they be." - Westbrook v. Mihaly 2 C3d 756
"Under our form of government, the legislature is not supreme...like
other departments of government, it can only exercise such powers as have been
delegated to it, and when it steps beyond that boundary, its acts, like those
of the most humble magistrate in the state who transcends his jurisdiction,
are utterly void." - Billings v. Hall 7 CA 1
"If the legislature clearly misinterprets a Constitutional provision,
the frequent repetition of the wrong will not create a right." Amos v. Mosley,
77 SO 619. Also see Kingsley v. Metril, 99 NW 1044
"Where the meaning of the Constitution is clear and unambiguous, there
can be no resort to construction to attribute to the founders a purpose or
intent NOT MANIFEST IN ITS LETTER." Norris v. Baltimore 192 A 531
"An unconstitutional act is not law; it confers no rights; it imposes no
duties; affords no protection; it creates no office; it is in legal
contemplation, as inoperative as though it had never been passed." Norton vs.
Shelby County, 118 US 425 p.442
"The general rule is that an unconstitutional statute, though having the
form and name of law, is in reality no law, but is wholly void, and ineffec-
tive for any purpose; since unconstitutionality dates from the time of it's
enactment, and not merely from the date of the decision so branding it."
"No on is bound to obey an unconstitutional law, and no courts are bound
to enforce it." 16 Am Jur 2d, Sec 177, late 2d, Sec 256
"We find it intolerable that one constitutional right should have to be
surrendered in order to assert another." - Simmons v. US, 390 US 389 (1968)
"The state cannot diminish rights of the people." - Hurtado v.
California 110 US 516.
"Our rejection of the request for jury nullification doctrine is a
recognition that there are times when logic is not the only or even best guide
to sound conduct of government." US v. Dougherty, 473 F.2d 1113 (C.A.D.C.,
1972) (Court of Appeals for the District of Columbia, not the S.Ct.)
"I want people to be able to get what they need to live: enough food, a
place to live, and an education for their children. Government does not
provide these as well as private charities and businesses". Colonel David
Crockett, member of Congress 1827-32, 1832-35, said it well: We have rights,
as individuals, to give as much of our own money as we please to charity; but
as members of Congress we have no right so to appropriate a dollar of public
money.
"God grants liberty only to those who love it, and are always ready to
guard and defend it." - Daniel Webster
"The signification attributed to the term, Militia, appear from the
debates in the Convention, the history and legislation of Colonies and States,
and the writings of approved commentators. These show plainly enough that the
Militia comprised all males physically capable of acting in concert for the
common defense... And further, that ordinarily when called for service these
men were expected to appear bearing arms supplied by themselves and of a kind
in common use at the time." US Supreme Court, US v Miller
"But if anti-gun advocates feel prohibiting or confiscating upward of 70
million handguns is justified to save 13 young children's lives, why does
saving 381 annually not justify banning swimming pools, or at least
prohibiting their proliferation? Is it possible that anti-gun fanatics are
motivated more by hatred of guns and their owners than by saving lives?" -
"Gun Accidents", by Don B. Kates, Jr.
"The world always makes the assumption that the exposure of an error is
identical with the discovery of the truth - that error and truth are simply
opposite. They are nothing of the sort. What the world turns to, when it has
been cured of one error, is usually another error, and often times one worse
than the first one." H. L. Mencken
"We, too, born to freedom, and believing in freedom, are willing to
fight to maintain freedom. We, and all others who believe as deeply as we do,
would rather die on our feet than live on our knees."-FDR
"It's not that conservatives don't care. We do. We just have different
answers than liberals do. It's a difference of the mind, not of the heart." -
Tom Selleck
"It is vain, Sir, to extenuate the matter. The gentlemen may cry, peace,
peace! But there is no peace. The war has actually begun! The next gale that
sweeps from the North will bring to our ears the clash of resounding arms! Our
brethren are already on the field! Why stand we here idle? What is it that the
gentlemen wish? What would they have? Is life so dear or peace so sweet as to
be purchased at the price of chains and slavery? Forbid it, Almighty God. I
know not what course others may take, but as for me, give me Liberty or give
me Death!
Patrick Henry
speech in virginia convention richmond [mar 23,1775]
"There is danger from all men. The only maxim of a free government ought to be
to trust no man living with power to endanger the public liberty."
John Adams
notes for an oration at braintree [spring 1772]
"Fear is the foundation of most governments."
thoughts on governments [1776]
"When annual elections end, there slavery begins."
thoughts on governments [1776]
"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."
Thomas Jefferson
federalist papers
"Rebellion to tyrants is obedience to God."
motto on thomas jefferson's seal [c. 1776]
"I only regret that I have but one life to lose for my country."
Nathan Hale
last words before being hanged by the british as a spy [sept 22,
1776]
"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]
"The more corrupt the state, the more numerous the laws."
Tacitus
roman senator and historian (a.d. 56-115)
"The right of citizens to bear arms is just one more guarantee against
arbitrary government, one more safeguard against tyranny which now appears
remote in America, that historically has proven to be always possible."
Hubert H. Humphrey
Listen to the man who is probably the best known proponent of non-violence in
all modern history, the late Mohandas K. Gandhi:
"Among the many misdeeds of the British rule in India, history will look upon
the act of depriving a whole nation of arms, as one of the blackest."
Also:
"The only tyrant I accept in this world is the still small voice' within me."
"Society in every state is a blessing, but Government, even in its best state,
is but a necessary evil; in its worst state, an intolerable one."
Thomas Paine
common sense [1776]
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