Gun Control & RKBA
In reply to the discussion: Who are the Militia? [View all]jimmy the one
(2,708 posts)DWC: Coxe plainly and accurately states "The 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." Pennsy Gazette Feb20,1788 http://en.wikiquote.org/wiki/Tench_Coxe
I think I figured it out. Tench Coxe wrote that on feb 20, 1788. Here is apparently the first 2ndAmendment draft, written 2 weeks prior on feb 6, 1788.
Earlier proposals and {2ndA} drafts .. "And that the said Constitution be never 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, (Feb 6, 1788) This language was proposed in the Massachusetts convention for ratification of the Constitution to be added to Article I. http://en.wikiquote.org/wiki/Second_Amendment_to_the_United_States_Constitution
Note that in the first draft of 2ndA, there is no mention of a militia - sam adams simply said congress could not 'prevent the people of the United States, who are peaceable citizens, from keeping their own arms'.
In response to this new information for him at the time, tench coxe wrote on feb20,1788: The power of the sword, say the minority..., 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 free 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 has no power to disarm the militia. Their swords and every terrible implement of the soldier are the birthright of Americans. The 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 always remain, in the hands of the people.
Why did tench coxe introduce the militia in response to the first draft of 2ndA when militia was not even mentioned in the first draft?
Had he thought the people had an individual rkba, coxe would not have introduced militia at all when remarking upon the first draft. Chess Check.