The 2nd Amendment: The Militia and the Right of the People to Bear Arms

2nd Amendment Militia Right to Bear Arms

U. S. v. Cruikshank, 92 U. S., 542 2nd Amendment Militia and Right to Bear Arms [Click to enlarge]

What this is saying is our Rights are not given by the Constitution or men, they are our birthright given by God, we can neither give them away, nor can they be taken from us, Thomas Jefferson said as much himself. The constitution only enumerates those rights and spells out in the 2nd amendment the government is prohibited from restricting those rights in any way what-so-ever. This includes any legislation of any form that tries to enforce any gun control laws, or restrict the peoples able to possess any type of firearm available or the ammunition needed to use those firearms in the protection of our selves, our families, our rights, our property and our country etc.

THE MILITIA.

1319. Right to bear arms.—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. (See Note 1) Constitution of the United States, second amendment.

NOTE 1: The right to bear arms is not granted by the Constitution; neither is it in any manner dependent upon that instrument for Its existence. The second amendment means no more than that it shall not be infringed by Congress, and has no other effect than to restrict the powers of the National [i.e. Federal] Government. (U. S. v. Cruikshank, 92 U. S., 542.)

[Cite as United States v. Cruikshank, 25 F. Cas. 707 (C.C.D. La. 1874) (No. 14,897), aff’d, 92 U.S. 542 (1876). NOTE: This is the district court decision which was appealed to the Supreme Court (United States v. Cruikshank, 92 U.S. 542 (1876)). This case concerns an enforcement of rights under the fourteenth amendment including the first amendment right to assemble and second amendment right to arms. The Supreme Court decision held that these rights are not granted by the constitution and do not depend upon it for their existance. The lower court used similar reasoning on P. 710: “With regard to those acknowledged rights and privileges of the citizen, which form a part of his political inheritance derived from the mother country, and which were challenged and vindicated by centuries of stubborn resistance to arbitrary power, they belong to him as his birthright, and it is the duty of the particular state of which he is a citizen to protect and enforce them, and to do naught to deprive him of their full enjoyment. When any of these rights and privileges are secured in the constitution of the United States only by a declaration that the state or the United States shall not violate or abridge them, it is at once understood that they are not created or conferred by the constitution, but that the constitution only guaranties that they shall not be impaired by the state, or the United States, as the case may be.”

1321. Defining terms.—Whenever the words ” State or Territory” are used in the “Act to promote the efficiency of the militia, and for other purposes,” approved January twenty-first, nineteen hundred and three, as amended, they shall be held to apply to and include the District of Columbia. Sec. 74, Act of Feb. 18,1909 (35 Stat. 636).

1322. Composition of the organized.—The militia shall consist of every able-bodied male citizen of the respective States and Territories and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes: The organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories; the remainder to be known as the Reserve Militia: Provided. That the provisions of this Act and of section sixteen hundred and sixty-one, Revised Statutes, as amended, shall apply only to the militia organized as a land force. Sec. 1, Act of May 87,1908 (35 Stat. 309).

1323. Exemptions.—The Vice-President of the United States, the officers, judicial and executive, of the Government of the United States, the members and officers of each House of Congress, persons in the military or naval service of the United States, all custom-house officers, with their clerks, postmasters and persons employed by the United States in the transmission of the mail, ferrymen employed at any ferry on a post road, artificers and workmen employed in the armories and arsenals of the United States, pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty, without regard to age. Sec. 8, Act of Jan. SI, 1903 (32 Stat. 775).

1324. The same.—Nothing in this Act shall be construed to require or compel any member of any well-recognized religious sect or organization at present organized and existing whose creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of said religious organizations, to serve in the militia or any other armed or volunteer force under the jurisdiction and authority of the United States. Sec. 8, Act of Jan. SI, 1903 (38 Stat. 775).

1325. Organization.—The regularly enlisted, organized, and uniformed active militia in the several States and Territories and the District of Columbia who have heretofore participated or shall hereafter participate in the apportionment of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes of the United States, as amended, whether known and designated as National Guard, militia, or otherwise, shall constitute the organized militia. On and after January twenty-first, nineteen hundred and ten, the organization, armament, and discipline of the organized militia in the several States and Territories and the District of Columbia shall be the same as that which is now or may hereafter be prescribed for the Regular Army of the United States, subject in time of peace to such general exceptions as may be authorized by the Secretary of War. Sec. 2, Act of May 27, 1908 (SB Stat. 399).

Source: The Military Laws of the United States, 1915; By the United States War Department

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THE ILIAD OF PATRIOTISM by James G. M. Ramsey of the Tenn. Historical Society

James-gettys-mccready-ramsey-tn1The History and Role of Tennessee in the Revolutionary War:

THE ILIAD OF PATRIOTISM An Address By Hon. James Gettys Mcgready Ramsey, M D., President Of The Tennessee Historical Society. Read By Rev. T. A. Hoyt, At The Centennial Celebration At Nashville, Tenn., July 4th, 1876.

Mr. President And Gentlemen Of The Historical Society, Ladies And Gentlemen:—It gives me pleasure to comply with the request of the Historical society and of its honored President, Dr. Ramsey, I hold in my hand his contribution to this centennial occasion. It merits your attention. Its author is the head of this honorable body, whose labors are directed to preserve the memorials of your past history. He is the historian of Tennessee: he is venerable for age, for wisdom, for virtue; he is at once a patriot, a saint, a sage. Standing on the verge of life, he speaks to us with the authority of an ancient oracle. Let ingenuous youth imbibe freely the influence of his example ; let them ponder well the lessons of his life.

He imparts those lessons here not in the vagueness of theories of virtue, but by citing signal instances of it. This narrative he would have stored in your memories, and reproduced in the elevation of your sentiments. It may be entitled, “the Iliad of Patriotism.

This is the centennial year—the one hundredth anniversary of the birth of American Independence.

The question naturally arises, what part did Tennessee perform in gaining that independence? She was not one of the thirteen colonies; there were but two or three small white settlements within her borders.

He relates the struggles of the early settlers with the Indians; the steady growth of the infant colony; the formation of the two counties; their voluntary annexation to North Carolina, and then proceeds to recount as follows their prowess and fortunes in the Revolutionary war:

After the signal repulse of Sir Peter Parker from Charleston in 1776, the Southern States had a respite from British attack and invasion. The conquest of the States was thereafter attempted from the North to the South. The war continued ta rage with varied success. But in 1778 the order of invasion from this time was inverted, and his Majesty’s arms were directed against the most Southern States. On the 29th of December, Savannah, the capital of Georgia, was taken, and soon after British posts were established as far into the interior as Augusta. Gen. Lincoln, then the commandant of the Southern department, sent a detachment of fifteen hundred North Carolina militia under Gen. Ashe, to oblige the enemy to evacuate the upper part of Georgia. The detachment was surprised by Gen. Provost and entirely defeated. The Southern army was nearly broken up. The quiet possession of Georgia by the enemy brought to their aid many of the Indians and of the loyalists, who had fled from the Carolinas and Georgia and taken refuge among them. These were now emboldened to collect from all quarters and under cover of Provost’s army. It became evident that all that was wanting to complete British ascendency in the South, was the possession of Charleston. Should that metropolis, and the army that defended it, be captured, the reduction of the whole State, and probably North Carolina also, would ensue. An immense army with a large supply of ammunition invested Charleston. The defense was protracted, under every discouragement and disadvantage, from the 27th of March to the 12th of May, when Gen. Lincoln found himself obliged to capitulate. The fall of the metropolis was soon after succeeded by the rapid conquest of the interior country, and from the sea west to the mountains, the progress of the enemy was almost wholly an uninterrupted triumph. The inhabitants generally submitted, and were either paroled as prisoners, or took protection as British subjects. A few brave and patriotic men under gallant and indomitable leaders remained in arms, but were surprised and cut to pieces by Tarleton and Webster, or, for security from their pursuit, withdrew into North Carolina. The march of the enemy was continued toward the populous Whig settlements, and garrisons were established at prominent points of the country, with the view of pushing their conquests still further into the interior. In fine, South Carolina was considered a subdued British province rather than an American State.

revwarBut in the midst of the general submission of the inhabitants, there remained a few unconquerable spirits whom nothing but death could quell. These were Sumter, Marion and Williams in South Carolina, and Clark and Twiggs in Georgia. Some of these retired, with an inconsiderable number of men, into North Carolina, some of whom crossed the mountains and imparted to the Western settlers the first intelligence that had reached Watuga of the conquest and atrocities of the enemy. The frontiersmen had left parents and kindred and countrymen east of the Alleghenies, and their hearts yearned for their safety and deliverance. The homes of their youth were pillaged by the foreign soldiery, and the friends they loved were slain or driven into exile. Above all, the great cause of American freedom and independence was in danger, the country was invaded by a powerful foe, and the exigencies of Carolina called aloud for every absent son to return to her rescue and defence. The call was promptly obeyed, and the mountain men—the pioneers of Tennessee—were the first to resist the invaders of the South, and restrained not from the pursuit of the vanquished enemy till they reached the coast of the Atlantic.

1780.—Heretofore the military services of the Western soldiery had been limited to the defense and protection of their secluded homes in the wilderness, and to the invasion of the country of the hostile Cherokee and Shawnee Indian tribes. The riflemen from the backwoods had never seen a British soldier or met the discipline and skill of a foreign enemy. It remained to be demonstrated whether the success which had ever attended their encounters with the savage foe, would continue to crown their military operations with a civilized enemy, and upon the new theater now opening up before them where an opportunity occurred for the solution of the question.

1780.—Gen. Rutherford, of North Carolina, issued a requisition for the militia of that State to embody for the defense of their sister State. That order reached Watauga, and the following proceedings were immediately had in that patriotic and gallant community. They are copied from the original manuscript, almost illegible from the ravages of time and exposure, though still showing plainly the bold and characteristic chirography of Col. Sevier and the commissioned officers under him. There is no preamble, no circumlocution—nothing but action, prompt and decisive action, and the name of the actors. “At a meeting of sundry of the militia officers of Washington county, this 19th day of March, 1780, present John Sevier, colonel; Jonathan Tipton, major; Joseph Wilson, John M. Webb, Godfrey Isbell, William Trimble, James Stinson, Robert Sevier, captains; and Landon Carter, lieutenant in the absence of Valentine Sevier, captain.”

A similar requisition was made upon Isaac Shelby, the colonel of Sullivan county. He was then absent in Kentucky when the dispatch reached him June 16. He immediately returned home. His appeal to the chivalry of Sullivan county was met by a hearty response, and early in July he found himself at the head of two hundred mounted riflemen, whom he rapidly led to the camp of McDowell, near the Cherokee ford of Broad River in South Carolina. Col. Charles McDowell had, in the absence of Gen. Rutherford taken prisoner at Camden, succeeded that officer in command when he had forwarded to Sevier and Shelby a dispatch informing those officers of the capitulation of Charleston, and the capture of the whole Southern army, and that the enemy had overrun South Carolina and Georgia and was rapidly approaching the limits of North Carolina; and requesting them to bring to his aid all the riflemen that could be raised, and in as short time as possible. Sevier had already enrolled under the requisition of Gen. Rutherford one hundred of the militia of Washington county. At his call one hundred others immediately volunteered, and with these two hundred mounted riflemen he started at once across the mountain for the camp of McDowell, where he arrived a few days before the arrival of Shelby. Col. Clarke, of Georgia, with a command of refugee Whigs was at the same time at McDowell’s headquarters.

In the meantime the British army had taken post at NinetySix, Camden and Cheraw. At the former place Col. Nesbit Balfour, commandant, issued his proclamation, in which he gave notice “That every inhabitant of this Province who is not at his own house by the 24th instant, is hereby declared an outlaw, and is to be treated accordingly, and his property, of whatever kind, confiscated and liable to military execution.” This was a phase of tyranny and military usurpation at which the plain common sense of justice of the volunteer riflemen revolted. They had learned also in their conference with the refugee Whigs under Clark, something of the atrocious cruelties practiced by the Tories and their British leaders.

Lord Cornwallis, meeting with little obstruction in his victorious march, contemplated an extension of his conquest through North Carolina. He had instructed the loyalists of that State not to rise until his approach to its southern boundary would favor their concentration with his forces and at the same time intimidate the Whigs. As he approached Camden, Col. Patrick Moore appeared at the head of a large body of disaffected Americans, and erecting the royal standard, invited to it all the loyalists in that section. The rapid successes of the enemy and his near approach greatly encouraged the rising of the Tories, and Colonel Moore, after an uninterrupted march, took post in a strong fort built by Gen. Williamson four years before, during the Cherokee war. It was surrounded by a strong abattis and was otherwise well provided with defenses.

Such was the position of affairs when the Western riflemen arrived, as has been seen, at the camp of McDowell. They were, at their own request, immediately detached against Moore. His post was more than twenty miles distant The riflemen took up the line of march at sunset,, and at the dawn of day next morning surrounded the fort. Shelby sent in one of his men and made a peremptory demand of the surrender of the Fort. To this Moore replied that he would defend it to the last extremity. This suited exactly the mettle of the assailants and their lines were immediately drawn in, within musket-shot of the enemy all round, with a determination to make an assault upon the fort.

But before proceeding to extremities, a second message was sent in. To this Moore replied that he would surrender on condition that the garrison be paroled not to serve again during the war. The assailants were as humane as they were brave, and to save the effusion of the blood of the deluded loyalists, the terms were agreed to. The fort was surrendered. Ninety-three loyalists and one British Sergeant-Major were in the garrison, with two hundred and fifty stand of arms, all loaded with ball and buck-shot, and so disposed of at the port holes that double the number of the “Whigs might have been easily repulsed.

This bold and unexpected incursion of the mountain men, together with the capture of the garrison under Col. Moore, induced Lord Cornwallis to detach from his main army some enterprising officers, with a small command, to penetrate through the country, embody the loyalists and take possession of the strongest posts in the interior. This had become the more necessary as the advance of the American army under DeKalb, and afterward under Gates, began to inspirit the desponding Whigs, and at the same time restrained the vigorous co-operation of the Tories with the British troops . Measures were therefore adopted to embody and discipline the zealous loyalists, and for this purpose Col. Ferguson, an active and intelligent officer, possessing peculiar qualifications for attaching to him the marksmen of Ninety-six, was dispatched in that district. “To a corps of one hundred picked regulars he soon succeeded in attaching twelve or thirteen hundred hardy natives. This camp became the rendezvous of the desperate, the idle and the vindictive, as well as the youth of the loyalists, whose zeal or ambition prompted them to military service.”

revAstonished by the bold and unexpected incursion of the western volunteer riflemen under Shelby and Sevier, and apprehending that the contagion of the example and their presence might encourage the Whigs of Carolina to resume their arms, Ferguson and the loyalists took measures to secure the allegiance of the inhabitants by written agreements entered into and signed by disaffected American officers in the military service. By such and other means were the resident Whigs dispirited and the ranks of the British and Tories hourly enlarged.

As he advanced, Ferguson, increased his command till it amounted to above two thousand men, in addition to a small squadron of horse. To watch their movements and if possible to cut off their foraging parties, CoL McDowell soon after the surprise and capture of Col. Moore, detached Col. Shelby and Clarke with six hundred mounted riflemen. Several attempts were made by Ferguson to surprise this party, but, in every instance his designs were baffled. However, on the first of August 1780, his advance of six or seven hundred men came up with the American party under Shelby and Clarke at a place called Cedar Spring, where they had chosen to fight them. A sharp conflict of half an hour ensued, when Ferguson came up with his whole force and the Americans withdrew, carrying off with them from the field of battle twenty prisoners and two British officers. The killed of the enemy was not ascertained. The American loss was ten or twelve killed and wounded. Receiving information that a party of four or five hundred Tories were encamped at Musgrove’s Mills, on the South side of Enoree River, about forty miles from his camp, McDowell again detached Shelby and Clarke, together with Col. Williams who had joined his command, to surprise and disperse them. Ferguson lay, with his whole force at that time, exactly between. The detachment amounted to six hundred horsemen. These took up their line of march just before sundown, on the evening of the 18th of August. They went through the woods until dark, and then took a road leaving Ferguson’s camp some three or four miles to the left. They rode very hard all night, and at the dawn of day, about half a mile from the enemy’s camp, w ere met by a strong patrol party. A short skirmish followed, when the enemy retreated. At that moment a countryman living close at hand, came up and informed the party that the enemy had been reinforced the evening before with six hundred regular troops, under Col. Ennes, which were destined to join Ferguson’s army. The circumstances of this information were so minute that no doubt could be entertained of its truth. For six hundred men, fatigued by a night ride of forty miles, to march and attack the enemy thus reinforced, seemed rash and improper. ,

To attempt an escape by a rapid retreat, broken down as were both men and horses, as equally hopeless, if not impossible. The heroic determination was, therefore, instantly formed to make the best defence they could under the existing circumstances . A rude and hasty breastwork of brush and old logs was immediately constructed. Capt. Inman was sent forward with about twenty-five men to meet the enemy and skirmish with them as soon as they crossed the Enoree. The sound of their drums and bugles soon announced their movements, and induced the belief that they had cavalry. Inman was ordered to fire upon them, and retreat according to his own discretion. This stratagem drew the enemy forward in disorder, as they believed they had driven the whole party. When they came up within seventy yards a most destructive fire from the riflemen, who lay concealed behind their breastwork of logs, commenced. It was one whole hour before the enemy could force the Americans from their slender defence, and just as they began to give way in some points, the British commander, Colonel Ennes, was wounded.

All his subaltans [i.e. subordinates], except one, being previously killed or wounded, and Captain Hawsey, the leader of the loyalists on the left, being shot down, the whole of the enemy’s line began to yield . The riflemen pursued them close and drove them across the river. In this pursuit the gallant Inman was killed, bravely fighting the enemy, hand to hand. In this action Col. Shelby commanded the right, Col. Clarke the left, and Col. Williams the centre.

The battle lasted one hour and a half. The Americans lay so closely behind their little breastwork, that the enemy entirely overshot them, killing only six or seven, amongst whom the loss of the brave Captain Inman was particularly regretted. His stratagem of engaging and skirmishing with the enemy until the riflemen had time to throw up a hasty breastwork—his gallant conduct during the action and his desperate charge upon their retreat—contributed much to the victory. He died at the moment it was won. The number of the enemy killed and wounded was considerable. The Tories were the first to escape. Of the British regulars, under Col. Ennes who fought bravely to the last and prolonged the conflict, even against hope, above two hundred were taken prisoners.

The Americans returned immediately to their horses and mounted with the determination to be in Ninety-Six before night. This was a British post less than thirty miles distant, and not far from the residence of Col. Williams, one of the commanders. It was considered best to push their successes into the disaffected regions, before time would allow reinforcements to reach them. Besides by marching their scant expedition in the direction of Ninety-Six, they would avoid Ferguson’s army, near whose encampment they would necessarily have to pans on their return to McDowell’s headquarters, at Smith’s Ford. At the moment of starting an express from McDowell, rode up in great haste with a short letter in his hand from Gov. Casswell, dated on the battle ground, apprising McDowell of the defeat of the American grand army under Gates, on the sixteenth, near Camden, advising him to get out of the way, as the enemy would no doubt endeavor to improve their victory to the greatest advantage, by cutting up all the small corps of the American armies. The men and the horses were fatigued by the rapid march of the night as well as by the severe conflict of the morning. They were now encumbered with more than two hundred British prisoners and the spoils of victory. Besides these difficulties now surrounding the American party, there was an another that made extrication from them dangerous, if not impossible. A numerous army under an enterprising leader lay in their rear, and there was every reason to believe that Ferguson would have received intelligence of the daring incursion of the riflemen and of the defeat of his friends at the Enoree. The delay of an hour might have proved disastrous to the victors, the prisoners were immediately distributed among the companies, so as to have one to every three men, who carried them alternately on horseback. They rode directly towards the mountains, and continued the march all that day and night and the succeeding day, until late in the evening, without ever stopping to refresh. This long and rapid march—retreat it can hardly be called, as the retiring troops bore with them the fruits of a well-earned victory—saved the Americans, for, as was afterwards ascertained, they were pursued closely until late in the evening of the second day after the action by Maj. Dupoister and a strong body of mounted men from Ferguson’s army. These became so broken down by excessive fatigue in hot weather, that they despaired of overtaking the Americans, and abandoned the pursuit.

Shelby, having seen the party and its prisoners beyond the reach of danger, retired across the mountains, lie left the prisoners with Clarke and Williams to be carried to some place of safety to the North, for it was not known then that there was even the appearance of a corps of Americans anywhere south of the Potomac. So great was the panic after the defeat of Gen. Gates at Camden, and the subsequent disaster of Sumter, that McDowell’s whole army broke up. He, with several hundred of his followers, yielding to the cruel necessity of the unfortunate circumstances which involved the country, retired across the mountains, and scattered themselves among the hospitable settlers in the securer retreats of Nolichucky and Watauga.

1780.—At this period a deep gloom hung over the cause of American Independence, and the confidence of its most steadfast friends was shaken. The reduction of Savannah, the capitulation at Charleston and the loss of the entire army under Gen. Lincoln, had depressed the hopes of the patriot Whigs, and the subsequent career of British conquest and subjugation of Georgia and South Carolina, excited serious apprehension and alarm for the eventual success of the American cause. At the urgent appeal of the patriotic Gov. Rutledge, Virginia had sent forward reinforcements under Col. Buford. His command was defeated and his men butchered by the sabres of Tarleton. At Camden a second Southern army commanded by Gen. Gates, was dispersed, captured and signally defeated by Cornwallis.

But besides these general disasters, there were other circumstances that aggravated this discouraging condition of American affairs. The finances of Congress were low ; the treasuries of the States were exhausted and their credit entirely lost; a general financial distress pervaded the country; subsistence and clothing for the famishing and ill-clad troops were to be procured only by impressment; and the inability of the Government from the want of means to carry on the war, was openly admitted.

RevolutionBritish posts were established and garrisons kept up at numerous points in the very heart of the Southern country, and detachments from the main British army were with profane impudence rioting through the land in an uninterrupted career of outrage, aggression and conquest. Under the protection of these, the Tories were encouraged to rise against their Whig countrymen, to depredate upon their property, insult their families, seek their lives and drive them into exile upon the Western wastes. This was the general condition of American affairs in the South immediately after the defeat near Camden. Gen. Gates, endeavoring to collect together the shattered fragments of his routed army, made a short halt at Charlotte. He afterwards fell back further, and made his headquarters at Hillsborough.

Lord Cornwallis, on the 8th of September, marched towards North Carolina, and as he passed through the most hostile and populous Whig districts he sent Tarleton and Ferguson to scour the country to his right and left. Arrived at Charlotte, and considering it to be a favorable situation for further advances, his lordship made preparation for establishing a post at that place. While he was thus engaged, the commanders of his detachments were proceeding in their respective expeditions. That of Col. Ferguson, as has been already seen, was for several weeks on his left, watching the movements of McDowell, Sevier, Shelby, Williams and Clarke. His second in command, Dupoister, had followed the mountain men in close pursuit as they retired, after the victory at Enoree, to their mountain fastnesses.

Ferguson himself, with the main body of his army, followed close upon the heels of Dupoister, determined to retake the prisoners or support him if he should overtake and engage the escaping enemy. Finding that his efforts were fruitless, Ferguson took post at Gilbertown, near the present Rutherfordton, in North Carolina. From this place he sent a most threatening message, by a paroled prisoner, that if the officers west of the mountains did not lay down their opposition to the British arms he would march his army over, burn and lay waste their country and hang their leaders. “The pursuit by Ferguson of the retiring Americans brought him so far to the left as to seem to threaten the habitations of the hardy race that occupied and lived beyond the mountains. He was approaching the lair of the lion, for many of the families of the persecuted Whigs had been deposited in this asylum.”

The refugee Whigs received a hearty welcome from their hospitable but plain countrymen on Watauga and Nolichucky. The door of every cabin was thrown open and the strangers felt at once assured of kindness, sympathy and assistance. Among the neighbors of Sevier and Shelby the exiles from the Carolinas and Georgia were at home.

In this march of the riflemen to the sea we hear of no appropriation of private property, no incendiary-ism, no robbery, no insult to non-combatants. To the honor of the troops under Sevier and Shelby, their integrity was as little impeached as their valor. They came back to their distant homes enriched by no spoils, stained with no dishonor; enriched only by an imperishable fame, an undying renown, and an unquestionable claim to the admiration and gratitude of their countrymen and of posterity. The results of the campaigns of 1780 and 1781 sensibly affected the measures of the British Ministry, and rendered the American war unpopular in Great Britain, and on the 19th of April, 1783, peace was proclaimed in the American army by the Commander-in-chief, George Washington, precisely eight years from the first effusion of blood at Lexington. For more than that length of time the pioneers of Tennessee had been in incessant war. On the 10th of October, 1774, their youthful heroes, Shelby and Sevier, flashed their maiden swords at the battle of Keuhawa, and with little intermission thereafter were constantly engaged in guarding the settlements or attacking and invading the savage enemy. The gallant and patriotic participation of the mountain men in the Revolutionary struggle under the same men, now become leaders, has been just related. We embalm their memory and their heroic services; we bow down and do homage to their patriotism and to the majesty of their virtue. It is through them that on this centennial anniversary Tennessee claims an identity with the American Revolution and American independence. And to the Historical Society of our proud State, to the posterity of its pioneer soldiery and to their successors, I beg leave to add the injunction:

“Let no mean hope your souls enslave,
Be independent, generous, brave,
Your fathers such example gave
And such revere!”
See also: Advice to Young People from Noah Webster Father of American Education
RISE OF CONSTITUTIONAL LIBERTY by Dr. Richard Salter Storrs July 4 1876
THE TRIUMPHS OF THE REPUBLIC! by Hon. Theodore Bacon, New York 1876
History of the Battle of King’s Mountain and it’s Heroes: Part I 1765 to May, 1780
October 7, 1780 Battle of King’s Mountain

History of the Battle of King’s Mountain and it’s Heroes: Part I 1765 to May, 1780

King’s Mountain and Its Heroes: History of the Battle of King’s Mountain October 7th, 1780 and The Events that Led To It.

By Lyman Copeland Draper, Peter Gibson Thompson, Anthony Allaire, Isaac Shelby (1881)

1768 to May, 1780.

Causes of the Revolution—Alternate Successes and Disasters of the Early Campaigns of the War—Siege and Reduction of Charleston.

For ten years before the outbreak of the American Revolution, the great question of taxation without representation agitated the minds of the American people. They rejected the stamps, because they implied a tax; they destroyed the tea, because it imposed a forced levy upon them without their consent, to gratify the insatiate demands of their trans-Atlantic sovereign, and his tyrannical Ministry and Parliament. Should they basely yield one of their dearest rights, they well judged they might be required, little by little, to yield all. They, therefore, manfully resisted these invasions as unbecoming a free people.

Revolutionary War Localities North and South Carolina

Revolutionary War Localities North and South Carolina

See also History of the Battle of King’s Mountain and it’s Heroes: Part XV October-November, 1780

See also October 7, 1780 Battle of King’s Mountain

When, in 1775, Great Britain determined to enforce her obnoxious laws, the people, under their chosen leaders, seized their arms, forsook their homes and families, and boldly asserted their God-given rights. A long and embittered contest was commenced, involving mighty interests. Freedom was threatened—an empire was at stake. Sturdy blows were given and received, with various results. The first year of the war, the Americans beat back the British from Lexington and Concord, and captured Crown Point, but were worsted at Bunker Hill; they captured Chambly and St. Johns, and repulsed the enemy near Longueil, but the intrepid Montgomery failed to take Quebec, losing his life in the effort.

Battle of Moore's Creek Bridge

Battle of Moore’s Creek Bridge

The second year of the contest, which brought forth the immortal Declaration of Independence, proved varying in its fortunes. The Scotch Tories in North Carolina were signally defeated at Moore’s Creek, and the British, long cooped up in Boston, were compelled to evacuate the place: and were subsequently repulsed at Sullivan’s Island, near Charleston; while the Americans, on the other hand, were defeated at the Cedars, and were driven from Montreal, Chambly and St. Johns, worsted at Long Island and White Plains, and lost Fort Washington, on the Hudson. Meanwhile the frontier men of Virginia, the Carolinas, East Tennessee, and Georgia, carried on successful expeditions against the troublesome Cherokees, whom British emissaries had inveigled into hostilities against their white neighbors.

The Battle of Germantown - October 24, 1777

The Battle of Germantown – October 24, 1777

Yet the year closed with gloomy prospects—despair sat on many a brow, and saddened many a heart—the main army was greatly reduced, and the British occupied New York, and the neighboring Province of New Jersey. Washington made a desperate venture, crossing the Delaware amid floating ice in December, attacking and defeating the unsuspecting enemy at Trenton; and, pushing his good fortune, commenced the third year of the war, 1777, by securing a victory at Princeton. While the enemy were, for a while, held at bay at the Red Bank, yet the results of the contests at Brandywine and Germantown were not encouraging to the American arms, and the British gained a firm foot-hold in Philadelphia. And subsequently they captured Forts Clinton and Montgomery, on the Hudson.

Forts Clinton and Montgomery battle map

Forts Clinton and Montgomery battle map

Farther north, better success attended the American arms. St. Leger, with a strong British and Indian force, laid siege to Fort Stanwix, on the Mohawk ; but after repelling a relieving party under General Nicholas Herkimer, he was at length compelled to relinquish his investiture, on learning of the approach of a second army of relief, retiring precipitately from the country ; while the more formidable invading force under General John Burgoyne met with successive reverses at Bennington, Stillwater, and Saratoga, eventuating in its total surrender to the victorious Americans.

Molly Pitcher at the Battle of Monmouth

Molly Pitcher at the Battle of Monmouth

In June, 1778, the fourth year of the war, the British evacuated Philadelphia, when Washington pursued their retreating forces, overtaking and vigorously attacking them at Monmouth. A large Tory and Indian party defeated the settlers, and laid waste the Wyoming settlements. As the result of Burgoyne’s signal discomfiture, a treaty of alliance between the new Republic and France brought troops and fleets to the aid of the struggling Americans, and produced some indecisive fighting on Rhode Island.

George-Rogers-ClarkThe adventurous expedition under George Rogers Clark, from the valleys of Virginia and West Pennsylvania, down the Monongahela and Ohio, and into the country of the Illinois, a distance of well nigh fifteen hundred miles, with limited means, destitute of military stores, packhorses and supplies — with only their brave hearts and trusty rifles, was a remarkable enterprise. Yet with all these obstacles, and less than two hundred men, Clark fearlessly penetrated the western wilderness, killing his game by the way, and conquered those distant settlements. Though regarded at the time as a herculean undertaking, and a most successful adventure, yet none foresaw the mighty influence it was destined to exert on the subsequent progress and extension of the Republic.

hero_of_vincennes1Varied fortunes attended the military operations of 1779, the fifth year of the strife. The gallant Clark and his intrepid followers, marched in winter season, from Kaskaskia across the submerged lands of the Wabash, sometimes wading up to their arm-pits in water, and breaking the ice before them, surprised the garrison at Vincennes, and succeeded in its capture. The British force in Georgia, having defeated General Ashe at Brier creek, projected an expedition against Charleston, and progressed as far as Stono, whence they were driven back to Savannah, where the combined French and Americans were subsequently repulsed, losing, among others, the chivalrous Count Casimir Pulaski. At the North, Stony Point was captured at the point of the bayonet, and Paulus Hook surprised; while General John Sullivan’s well-appointed army over-ran the beautiful country of the Six Nations, destroying their villages, and devastating their fields, as a retributive chastisement for their repeated invasions of the Mohawk and Minisin settlements, and laying waste the lovely vale of Wyoming.

The Storming of Stony Point by Alonzo Chappell

The Storming of Stony Point by Alonzo Chappell

The war had now dragged its slow length along for five successive campaigns, and the British had gained but few permanent foot-holds in the revolted Colonies. Instead of the prompt and easy conquest they had promised themselves, they had encountered determined opposition wherever they had shown the red cross of St. George, or displayed their red-coated soldiery. Repeated defeats on the part of the Americans had served to inure them to the hardships of war, and learned them how to profit by their experiences and disasters.

Americans holding off the attack of 10 British ships at Sullivans Island - 1776

Americans holding off the attack of 10 British ships at Sullivans Island, Charleston, S.C. – 1776

Surrender of Hessian troops to General Washington
New efforts were demanded on the part of the British Government to subdue their rebellious subjects; and South Carolina was chosen as the next field of extensive operations. Sir Henry Clinton, who had met such a successful repulse at Charleston in 1776, and in whose breast still rankled the mortifying recollections of that memorable failure, resolved to head in person the new expedition against the Palmetto Colony, and retrieve, if possible, the honor so conspicuously tarnished there on his previous unfortunate enterprise.

Cape_St_VincentHaving enjoyed the Christmas holiday of 1779 in New York harbor, Sir Henry, accompanied by Lord Cornwallis, sailed from Sandy Hook the next day with the fleet under Admiral Mariot Arbuthnot, transporting an army of over seven thousand five hundred men. Some of the vessels, however, were lost by the way, having encountered stormy weather in the gulf-stream—one bark, carrying Hessian troops, was dismasted and driven across the ocean, an ordnance vessel was foundered, while several transports were captured by bold and adventurous American privateers, and most of the horses for the expedition perished. The place of rendezvous was at Tybee Bay, near the entrance to Savannah river, whence Clinton, on his way towards Charleston, was joined by the troops in Georgia, making his force nine thousand strong, besides the sailors in the fleet; but to render his numbers invincible beyond all peradventure, he at once ordered from New York Lord Rawdon’s brigade, amounting to about two thousand five hundred more.

Battle of Charleston

Battle of Charleston

Charleston, against which this formidable British force was destined, was an opulent city of some fifteen thousand people, white and black, and was garrisoned by less than four thousand men—not near enough to properly man the extended works of defence, of nearly three miles in circumference, as they demanded. Governor Rutledge, a man of unquestioned patriotism, had conferred upon him by the Legislature, in anticipation of this threatened attack, dictatorial powers, with the admonition, ‘to do every thing necessary for the public good; “but he was, nevertheless, practically powerless. He had few or none of the sinews of war; and so depreciated had become the currency of South Carolina, that it required seven hundred dollars to purchase a pair of shoes for one of her needy soldiers. The defeat of the combined French and American force at Savannah the preceding autumn, in which the South Carolinians largely participated, had greatly dispirited the people; and the Governor’s appeal to the militia produced very little effect. The six old South Carolina regiments had been so depleted by sickness and the casualties of war as to scarcely number eight hundred, all told; and the defence of the city was committed to these brave men, the local militia, and a few regiments of Continental troops—the latter reluctantly spared by Washington from the main army, and which, he thought, was “putting much to hazard” in an attempt to defend the city, and the result proved his military foresight. It would have been wiser for General Benjamin Lincoln and his troops to have retired from the place, and engaged in a Fabian warfare, harassing the enemy’s marches by ambuscades, and cutting off his foraging parties; but the leading citizens of Charleston, relying on their former success, urged every argument in their power that the city should be defended to the last extremity. Yet no experienced Engineer regarded the place as tenable.

abatis1On the eleventh of February, 1780, the British forces landed on St. John’s Island, within thirty miles of Charleston, subsequently forming a depot, and building fortifications, at Wappoo, on James’ Island; and, on the twenty-sixth of that month, they gained a distant view of the place and harbor. The dreaded day of danger approached nearer and nearer; and on the twenty-seventh, the officers of the Continental squadron, which carried one hundred and fifty guns, reported their inability to guard the harbor at the bar, where the best defence could be made; and “then,” as Washington expressed it, “the attempt to defend the town ought to have been relinquished.” But no such thought was entertained. Every thing was done, that could be done, to strengthen and extend the lines of defence, dig ditches, erect redoubts and plant abatis, with a strong citadel in the center.fn1

Preparations, too, were steadily progressing on the part of the enemy. On the twenty-fourth of March, Lord Cornwallis and a Hessian officer were seen with their spyglasses making observations; and on the twenty-ninth, the British passed Ashley river, breaking ground, on the first of April, at a distance of eleven hundred yards from the American lines. At successive periods they erected five batteries on Charleston Neck.

Late in the evening of March thirtieth, General Charles Scott, commanding one of the Virginia Continental brigade, arrived, accompanied by his staff, and some other officers. “The next morning,” says Major William Croghan, “I accompanied Generals Lincoln and Scott to view the batteries and works around town ; found those on the Cooper river side in pretty good order, and chiefly manned by sailors ; but the greater part of the remainder not complete, and stood in need of a great deal of work. General Scott was very particular in inquiring of General Lincoln as to the quantity of provisions in the garrison, when the General informed him there were several months’ supply, by a return he had received from the Commissary. General Scott urged the necessity of having officers to examine it, and, as he expressed it, for them to lay their hands on it.”fn2

A sortie was planned on the fourth of April, to be commanded by General Scott—one battalion led by Colonel Elijah Clarke and Major Lee Hogg, of North Carolina; another by Colonel Elisha Parker and Major Croghan, of Virginia, and the light infantry by Lieutenant-Colonel Laurens; but the wind proved unfavorable, which prevented the shipping from going up Town creek, to fire on the enemy, and give the sallying party such assistance as they might be able to render, and thus it failed of execution. General William Woodford’s Virginia brigade of Continentals arrived on the sixth, and some North Carolina militia under the command of Colonel George F. Harrington. They were greeted by the firing of a feu de j’oie [bonfire], and the ringing of the bells all night.fn3

Fort Moultrie

Fort Moultrie

Admiral Arbuthnot’s near approach to the bar, on the seventh of April, induced Commodore Abraham Whipple, who commanded the American naval force, to retire without firing a gun, first to Fort Moultrie, and afterward to Charleston; and the British fleet passed the fort without stopping to engage it—the passage having been made, says the New Jersey Gazette fn4 while a severe thunder storm was raging, which caused the ships to be “invisible near half the time of their passing.” Colonel Charles C. Pinckney, who commanded there, with three hundred men, kept up a heavy cannonade on the British ships during their passage, which was returned by each of the vessels as they passed—the enemy losing fourteen men killed, and fifteen wounded, while not a man was hurt in the garrison.fn5 One ship had its fore-topmast shot away, and others sustained damage. The Acteus transport ran aground near Haddrell’s Point, when Captain Thomas Gadsden, a brother of Colonel Christopher Gadsden, who was detached with two field pieces for the purpose, fired into her with such effect, that the crew set her on fire, and retreated in boats to the other vessels. The Royal fleet, in about two hours, came to anchor within long shot of the American batteries.

By the tenth of April, the enemy had completed their first parallel, when Clinton and Arbuthnot summoned the town to surrender. Lincoln answered: “From duty and inclination I shall support the town to the last extremity.” A severe skirmish had previously taken place between Lieutenant-Colonel John Laurens and the advance guard of the enemy, in which the Americans lost Captain Bowman killed, and Major Edmund Hyrne and seven privates wounded. On the twelfth, the batteries on both sides were opened, keeping up an almost incessant fire. The British had the decided advantage in the number and strength of their mortars and royals, having twenty-one, while the Americans possessed only two;fn6 and the lines of the latter soon began to crumble under the powerful and constant cannonade maintained against them. On the thirteenth, Governor Rutledge was persuaded to withdraw from the garrison, while exit was yet attainable, leaving Lieutenant-Governor Gadsden with five members of the Council.

CowpensOn the same day, General Lincoln, in a council of war, revealed to its members his want of resources, and suggested an evacuation. “In such circumstances,” said General Mcintosh, ” we should lose not an hour in attempting to get the Continental troops, at least, over Cooper river; for on their safety, depends the salvation of the State.” But Lincoln only wished them to give the matter mature consideration, and he would consult them further about it. Before he met them again, the American cavalry at Monk’s Corner, which had been relied on to keep open the communication between the city and the country, were surprised and dispersed on the fourteenth ; and five days later, the expected British reinforcements of two thousand five hundred men arrived from New York, when Clinton was enabled more completely to environ the devoted city, and cut off all chance of escape.

A stormy council was held on the nineteenth, when the heads of the several military departments reported their respective conditions—of course, anything but flattering in their character. Several of the members still inclined to an evacuation, notwithstanding the increased difficulties of effecting it since it was first suggested. In the midst of the conference, Lieutenant-Governor Gadsden happened to come in—whether by accident, or design, was not known—and General Lincoln courteously proposed that he be allowed to take part in the council. He appeared surprised and displeased that a thought had been entertained of either evacuation or capitulation, and acknowledged himself entirely ignorant of the state of the provisions, etc., but would consult his Council in regard to the proposals suggested.

In the evening, an adjourned meeting was held, when Colonel Laumoy, of the engineer department, reported the insufficiency of the fortifications, the improbability of holding out many days longer, and the impracticability of making a retreat; and closed by suggesting that terms of honorable capitulation be sought from the enemy. Lieutenant-Governor Gadsden, with four of his Councilors, coming in shortly after, treated the military gentlemen very rudely, the Lieutenant-Governor declaring that he would protest against their proceedings; that the militia were willing to live upon rice alone, rather than give up the town on any terms; and that even the old women had become so accustomed to the enemy’s shot, that they traveled the streets without fear or dread; but if the council were determined to capitulate, he had his terms ready in his pocket.

Mr. Thomas Ferguson, one of the Councilors, declared that the inhabitants of the city had observed the boats collected to carry off the Continental troops; and that they would keep a good watch upon the army, and should any attempt at evacuation ever be made, he would be among the first to open the gates for the admission of the enemy, and assist them in attacking the retiring troops Colonel C. C. Pinckney soon after came in abruptly—probably having been apprised by the Lieutenant-Governor of the subject under discussion—and, forgetting his usual politeness, addressed General Lincoln with great warmth, and in much the same strain as General Gadsden, adding that those who were for business needed no council, and that he came over on purpose from Fort Moultrie, to prevent any terms being offered to the enemy, or any evacuation of the garrison attempted; and particularly charged Colonel Laumoy and his department with being the sole authors and promoters of such proposals.fn7

It is very certain, that these suggestions of evacuation or capitulation, occasioned at the time great discontent among both the regulars and militia, who wished to defend the city to the last extremity, and who resolved, in view of continuing the defence, that they would be content, if necessary, with only half rations daily.fn8 All these good people had their wishes gratified—the siege was procrastinated, and many an additional death, suffering, sorrow, and anguish, were the consequence.

General Lincoln must have felt hurt, it not sorely nettled, by these repeated insults—as General Mcintosh acknowledges that he did. When matters of great public concern result disastrously, scape-goats are always sought, and all participants are apt to feel more or less unamiable and fault-finding on such occasions. Or, as Washington expressed it, referring to another affair, “mutual reproaches too often follow the failure of enterprises depending upon the cooperation of troops of different grades.” Looking at these bickerings in the light of history, a century after their occurrence, one is struck with General Lincoln’s magnanimous forbearance, when he confessedly made great sacrifices in defending the place so long against his better judgment, in deference to the wishes of the people, who, we may well conclude, were very unfit judges of military affairs.

sfmuralcutAt another council of officers, held on the twentieth and twenty-first, the important subject of an evacuation was again under deliberation; and the conclusion reached was, “that it was unadvisable, because of the opposition made to it by the civil authority and the inhabitants, and because, even if they should succeed in defeating a large body of the enemy posted in their way, they had not a sufficiency of boats to cross the Santee before they might be overtaken by the whole British army.”fn9 It was then proposed to give Sir Henry Clinton quiet possession of the city, with its fortifications and dependencies, on condition that the security of the inhabitants, and a safe, unmolested retreat for the garrison, with baggage and field pieces, to the north-east of Charleston should be granted. These terms were instantly rejected. On searching every house in town, it was found that the private supplies of provisions were as nearly exhausted as were the public magazines.

On the twenty-fourth, at daybreak, Lieutenant-Colonel Henderson sallied out with two hundred men, chiefly from Generals Woodford’s and Scott’s brigades, surprising and vigorously attacking the advance flanking party of the enemy, bayoneting fifteen of them in their trenches, and capturing a dozen prisoners, of whom seven were wounded, losing in the brilliant affair, the brave Captain Thomas Gadsden and one or two privates. A considerable body of the enemy, under Major Hall, of the seventy-fourth regiment, attempted to support the party in the trenches; but were obliged to retire on receiving a shower of grape from the American batteries.fn10 A successful enterprise of this kind proved only a momentary advantage, having no perceptible influence on the final result.

StandIt is said Colonel C. C. Pinckney, and Lieutenant-Colonel Laurens, assured General Lincoln they could supply the garrison with plenty of beef from Lempriere’s Point, if they were permitted to remain on that side of Cooper river with the force then under their command; upon which the Commissary was ordered to issue a full allowance again. But unfortunately the first and only cattle butchered at Lempriere’s for the use of the garrison were altogether spoiled through neglect or mismanagement before they came over. These gentlemen, are said, also, to have promised that the communication on the Cooper side could, and would, be kept open. Being inhabitants of Charleston, and knowing the country well, perhaps the General, with some reason, might be inclined to the same opinion; and besides furnishing the garrison with beef, they were to send a sufficient number of negroes over to town for the military works, who were much wanted. But Colonel Pinckney with the greater part, or almost the whole of his first South Carolina regiment, and Lieutenant-Colonel Laurens with the light infantry were recalled from Fort Moultrie and Lempriere’s fn11—and thus ended this spasmodic hope. Probably this failure caused a strict search to be made, about this time, in the houses of the citizens for provisions; “some was found,” says Major Croghan, ” but a much less quantity than was supposed.”

The Americans were not slow in perceiving the utter hopelessness of their situation. On the twenty-sixth, General DuPortail, an able French officer and Engineer-in-Chief of the American army, arrived from Philadelphia, having been sent by Washington to supervise the engineer department. He frankly informed General Lincoln that there was no prospect of getting any reinforcements very soon from the grand army—that Congress had proposed to General Washington to send the Maryland Line to their relief.fn12 As soon as General DuPortail came into the garrison, examined the military works, and observed the enemy, he declared the defences were not tenable—that they were only field lines; and that the British might have taken the place ten days ago. “I found the town,” wrote DuPortail to Washington, “in a desperate state.”fn13 He wished to leave the garrison immediately, while it was possible; but General Lincoln would not allow him to do so, as it would dispirit the troops. On learning General DuPortail’s opinion, a council was called the same day, and a proposition made for the Continental troops to make anight retreat; and when the citizens were informed of the subject under deliberation, some of them came into the council, warmly declaring to General Lincoln, thatif he attempted to withdraw the troops and abandon the citizens, they would cut up his boats, and open the gates to the enemy. This put an end to all further thoughts of an evacuation.fn14

As late as the twenty-eighth, a supernumerary officer left town to join the forces in the country; but the next day the small party remaining at Lempriere’s Point was recalled, the enemy at once occupying it with a large force; and thus the last avenue between the city and country was closed. General Lincoln informed the general officers, privately, this day, that he intended the horn work as a place of retreat for the whole army in case they were driven from the lines. General Mcintosh observing to him the impossibility of those then stationed at South Bay and Ashley river, in such a contingency, being able to retreat there, he replied that they might secure themselves as best they could. And on the thirtieth, in some way, Governor Rutledge managed to convey a letter to General Lincoln, upon which the General congratulated the army, in general orders, on hearing of a large reinforcement, which may again open the communication with the country.fn15 It was the old story of drowning men catching at straws.

It is unnecessary to dwell upon the daily details of the protracted siege. Some of the more unusual occurrences only need be briefly noticed, so that we may hasten on to the melancholy catastrophe. Eleven vessels were sunk in the channel to prevent the Royal fleet from passing up Cooper river, and enfilading the American lines on that side of the place; while a frigate and two galleys were placed above the sunken obstructions, to cooperate with the shore batteries in thwarting any attempt on the part of the enemy for their removal.

But the work of destruction went steadily on. Cannon balls by day and by night went streaking through the air, and crashing through the houses. One morning, a shell burst very near Colonel Parker, a large piece of which fell harmless at his feet, when he said, with much composure, “a miss is as good as a mile;”fn16 and, that very evening, while the gallant Colonel was looking over the parapet, he was shot dead. Shells, fire-balls, and carcasses, ingeniously packed with combustibles, loaded pistol barrels, and other destructive missiles, were thrown into the city, setting many buildings on fire, and maiming and destroying not a few of the citizens and soldiery. On one occasion, when a pastor and a few worshipers, mostly women and invalids, were gathered in a church, supplicating the mercies of heaven on themselves and suffering people, a bomb-shell fell in the chuch-yard, when all quickly dispersed, retiring to their several places of abode.

Some of the cases of fatality were quite uncommon. Mever Moses’ young child was killed while in the arms of its nurse, and the house burned down. A man and his wife were killed at the same time, and in the same bed. A soldier who had been relieved from serving at his post in the defence of the city, entered his humble domicile, and while in the act of embracing his anxious wife, with tears of gladness, a cannon ball passed through the house, killing them both instantly. Many sought safety in their cellars; but even when protected for the moment from the constantly falling missiles of death and destruction, they began to suffer for want of food, since all the avenues to the city for country supplies, had been cut off.

General Moultrie has left us a vivid picture of this period of the siege: “Mr. Lord and Mr. Basquin, two volunteers, were sleeping upon the mattress together, in the advanced redoubt, when Mr. Lord was killed by a shell falling upon him, and Mr. Basquin at the same time had the hair of his head burnt, and did not awake until he was aroused from his slumbers by his fellow soldiers. The fatigue in that advanced redoubt was so great for want of sleep, that many faces were so swelled they could scarcely see out of their eyes. I was obliged to relieve Major Mitchell, the commanding officer. They were constantly on the lookout for the shells that were continually falling among them. It was by far the most dangerous post on the lines. On my visit to the battery, not having been there for a day or two, I took the usual way of going in, which was a bridge that crossed our ditch, quite exposed to the enemy, who, in the meantime, had advanced their works within seventy or eighty yards of the bridge, which I did not know. As soon as I had stepped upon the bridge, an uncommon number of bullets whistled about me; and on looking to my right, I could just see the heads of about twelve or fifteen men firing upon me from behind a breastwork—I moved on, and got in. When Major Mitchell saw me, he asked me which way I came in? I told him over the bridge. He was astonished, and said, ‘Sir, it is a thousand to one that you were not killed,’ and told me that he had a covered way through which to pass, by which he conducted me on my return. I staid in this battery about a quarter of an hour, giving the necessary orders, during which we were constantly skipping about to get out of the way of the shells thrown from their howitzers. They were not more than one hundred yards from our works, and were throwing their shells in bushels on our front and left flank.”fn17

Under date of the second of May, Major Croghan records in his Journal, which is corroborated by General Mcintosh’s Diary, that the enemy threw shells charged with rice and sugar. Simms tells us, that tradition has it, that it was not rice and sugar with which the shells of the British were thus ironically charged, but wheat flour and molasses—with an inscription addressed: “To the Yankee officers in Charleston,” courteously informing them that it contained a supply of the commodities of which they were supposed to stand most in need. But the garrison could still jest amid suffering, volcanoes and death. Having ascertained that the shell was sent them from a battery manned exclusively by a Scottish force, they emptied the shell of its contents; and filling it with lard and sulphur, to cure them of the itch, and sent it back to their courteous assailants, with the same inscription which originally accompanied it. “It was understood,” says Garden, “after the siege, that the note was received, but not with that good humor that might have been expected, had it been considered as jeu d’esprit, resulting from justifiable retaliation.”

“Provisions,” as we learn from Johnson’s Traditions, “now failed among the besieged. A sufficiency had been provided for the occasion; but the beef and pork had become tainted and unfit for food.” But the British “were misinformed,” says Moultrie, “if they supposed us in want of rice and sugar.” Of the latter article, at least during the earlier stages of the siege, such was its plentifulness that it was a favorite amusement to pursue the spent hot shot of the enemy, in order, by flinging sugar upon the balls, to convert it into candy. But towards the close of the siege, the supply of sugar must have become limited. “On the fourth of May,” says Major Croghan, “we received from the Commissary, with our usual allowance of rice, six ounces of extremely bad meat, and a little coffee and sugar. It has been very disagreeable to the northern officers and soldiers to be under the necessity of living without wheat or Indian bread, which has been the case during the whole siege.” So that the Scotch jokers who sent their shot, laden with either rice and sugar, or flour and molasses, ironically hinting at the deficiencies of the beleaguered garrison, did not, after all, hit very wide of the mark.

carronadecrewClinton, on the sixth of May, renewed his former terms for the surrender of the garrison. With the limited store of provisions on hand, with no prospects of receiving further supplies or reinforcements, and with the admission on the part of the Engineers that the lines could not be maintained ten days longer, and were liable to be carried by assault at any time, General Lincoln was disposed to accept the terms tendered; but he was opposed by the citizens, as they were required by Clinton to be prisoners on parole, when they wished to be regarded as non-combatants, and not subject to the rigorous laws of war. It was only putting off the evil day for a brief period; and again the twentyfour and thirty-two pound carronades, the mortars and howitzers, belched forth their shot, shell and carcasses upon the devoted town and garrison, setting many buildings on fire, and keeping up the most intense excitement. So near were now the opposing parties, that they could speak words of bravado to each other; and the rifles of the Hessian Yagers were so unerring, that a defender could no longer show himself above the lines with safety; and even a hat raised upon a ramrod, was instantly riddled with bullets.

Captain Hudson, of the British Navy, on the fifth of May, summoned Fort Moultrie, on Sullivan’s Island to surrender; the larger portion of its garrison having previously retired to Charleston. Lieutenant-Colonel William Scott,fn18 who commanded, sent for answer a rollicking reply: “Tol, lol, de rol, lol—Fort Moultrie will be defended to the last extremity.” The next day, Hudson repeated his demand, threatening that if he did not receive an answer in fifteen minutes, he would storm the fort, and put every man to the sword. Scott, it would seem, was at first disposed to resort to bravado of the “last extremity” character; but recalled the officer bearing it, saying on further reflection the garrison thought better of it—the disparity of force was far too great—and begging for a cessation of hostilities, proposed terms of surrender, which were granted by Captain Hudson. The surrender formally took place on the seventh.fn19 Thus the historic Fort Moultrie, which four years before had signally repulsed a powerful British fleet under Admiral Sir Hyde Parker, now surrendered to the enemy without firing a gun.

revolutionary_warThe seventh of May was further noted by an unfortunate disaster—the partial destruction of the principal magazine of the garrison, by the bursting of a shell. General Moultrie had most of the powder—ten thousand pounds—removed to the north-east corner of the exchange, where it was carefully bricked up, and remained undiscovered by the British during the two years and seven months they occupied the city. Another summons was sent in by Clinton on the eighth—a truce was granted till the next day; when Lincoln endeavored to secure the militia from being considered as prisoners of war, and the protection of the citizens of South Carolina in their lives and property, with twelve months allowance of time in which to determine whether to remain under British rule, or dispose of their effects and remove elsewhere. These articles were promptly rejected, with the announcement on the part of Clinton that hostilities would be re-commenced at eight o’clock that evening.

“After receiving his letter,” says Moultrie, “we remained near an hour silent, all calm and ready, each waiting for the other to begin. At length, we fired the first gun, and immediately followed a tremendous cannonade—about one hundred and eighty, or two hundred pieces of heavy cannon were discharged at the same moment. The mortars from both sides threw out an immense number of shells. It was a glorious sight to see them, like meteors, crossing each other, and bursting in the air. It appeared as if the stars were tumbling down. The fire was incessant almost the whole night, cannon balls whizzing, and shells hissing, continually among us, ammunition chests and temporary magazines blowing up, great guns bursting, and wounded men groaning along the lines. It was a dreadful night! It was our last great effort, but it availed us nothing. After it, our military ardor was much abated, and we began to cool.”

When, on the eleventh of May, the British had crossed the wet ditch by sap, and were within twenty-five yards of the American lines, all farther defense was hopeless. The militia refused to do duty.fn20 It was no longer a question of expediency ; but stern necessity demanded a speedy surrender, and the stoppage of farther carnage and suffering. General Lincoln had proved himself brave, judicious and unwearied in his exertions for three anxious months in baffling the greatly superior force of Sir Henry Clinton and Admiral Arbuthnot. Hitherto the civil authorities, and citizens of Charleston, had stoutly contended that the city should be defended to the last extremity; but now, when all hope was lost, a large majority of the inhabitants, and of the militia, petitioned General Lincoln to accede to the terms offered by the enemy. The next day articles of capitulation were signed.

The loss of the Americans during the siege was ninetyeight officers and soldiers killed, and one hundred and forty- six wounded; and about twenty of the citizens were killed by the random shots of the enemy. Upward of thirty houses were burned, and many others greatly damaged. Besides the Continental troops, less than two thousand, of whom five hundred were in hospitals, and a considerable number of sailors, Sir Henry Clinton managed to enumerate among the prisoners surrendered, all the free male adults of Charleston, including the aged, the infirm, and even the Loyalists, so as to swell the number of his formidable conquest. In this way, his report was made to boast of over five thousand six hundred prisoners, when the Loyalist portion but a few days afterwards offered their congratulations on the reduction of South Carolina. The regular troops and sailors became prisoners of war until exchanged; the militia from the country were permitted to return home on parole, and to be secured in their property so long as their parole should be observed.

(fn1 There was published, first in a Williamsburgh, Va.. paper of April 8th. 1780. copied into Dunlap’s Pennsylvania Packet of April 18th. and into the New York Royal Gazette of same date, an account of a Colonel Hamilton Ballendine having made drawings of Charleston and its fortifications, was directing his course to the enemy, when an American picket guard sent out to Stono. captured him; he. thereupon, exhibited his drafts, supposing that the party belonged to the British army. They soon disabused him of his error, carried him to General Lincoln, who ordered him for execution, and he was accordingly hanged on the 5th of March. As none of the South Carolina historians, nor any of the Charleston diarists or letter-writers during the siege, make the slightest reference to any such person or circumstance, there could have been no foundation for the story.)
(fn2 MS. Journal of Major William Croghan, of the Virginia Line. Siege of Charleston, 123.)
(fn3 Croghan’s MS. Journal.)
(fn4 May 12th, 1780.)
(fn5 Croghan’s MS. Journal.)
(fn6 Such is the statement of Dr. Ramsay, who was present during the siege. The British official returns show nine mortars, ranging from four to ten-inch caliber, and one eight-inch howitzer, surrendered at Charleston, and a ten-inch mortar taken at Fort Moultrie; but probably the most of these were either unfit for use, or more likely, the limited quantity of shells enabled the defenders to make use of only two of this class of ordnance.)
(fn7 The details of this military council are taken from Major Crojthan’s MS. Journal; and from General Mcintosh’s Journal, published entire in the Magnolia Magazine. Dec. 1842. and cited in Simms’ South Carolina in tin Revolution. U7-129, both of which are, in this case, identical in language.)
(fn8 MS. letter of John Lewis Gervais, cited in Simms, 129.)
(fn9 The enemy were constantly on the watch for any attempted evacuation on the part of the Americans. Capt J. R. Rousscict. of Tarleton’s cavalry, has left this MS. note. written on the margin of a copy of Steadman’s American War, referring to the closing period of the siege: “Some small vessels, taken from the Americans, were armed, manned with troops, and stationed off Town Creek, to prevent the escape of the garrison should they attempt to evacuate the town by that channel. Capt. Roussclet commanded an armed sloop, with his company on board, under Capt. Salisbury. Royal Navy.”)
(fn10 Croghan’s MS. Journal.)
(fn11 Croghan’s MS. Journal; and Mcintosh’s Diary.)
(fn12 Croghan’s MS. Journal.)
(fn13 Letters to Washington, ii, 450.)
(fn14 Moultrie’s Memoirs, i, 80.
(fn15 Croghan’s MS. Journal.)
(fn16  Virginia Gazette, May 16, 1780.)
(fn17 Moultrie’s Memoirs, i, 83.)
(fn18 Scott was a brave, experienced officer. He served as a Captain during the attack on Charleston, in 1776. and died in that city in June, 1807.)
(fn19 Gordon’s History 0/ the Revolution, in. 354; Moultrie’s Memoirs, ii, 84; Ramray’s Revolution in South Carolina, ii, 56. nancroft. x, 305. and others, give May 6th as the date of surrender, but that the 7th was the true date of this occurrence mr.y be seen by com. paring Tarleton’s Campaign, 53-55; Rotta’s Rrvnlntion, New Haven edition, 1842. ii. 249; Johnson’s Traditions, 259; Pimms’ South Carolina in the Revolution, 146; and Siege of Charleston. Munselt, 1867, p. 167.)
(fn20 Du Portail to Washington, Msy 17th, 1780.)

What The Founding Fathers Said About the 2nd Amendment (Original Intent)

Just a note, when the Bill of Rights were written and the 2nd amendment was written, the colonists, i.e. the people, were armed with the very same arms i.e. cannons and muskets, that were available to the government military, i.e. British Tories

“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are ruined…The great object is that every man be armed. Everyone who is able might have a gun.” -Patrick Henry

“No man who knows aught, can be so stupid to deny that all men naturally were born free.” ~ John Milton

“When complaints are freely heard, deeply considered and speedily reformed, then is the utmost bound of civil liberty attained that wise men look for.” ~ John Milton

Self-defense is justly called the primary law of nature, so it is not, neither can it be in fact, taken away by the laws of society. And, lastly, to vindicate these rights, when actually violated and attacked, the subjects of England are entitled, in the first place, to the regular administration and free course of justice in the courts of law; next to the right of petitioning the king and parliament for redress of grievances; and, lastly, to the right of having and using arms for self preservation and defense. Free men have arms; slaves do not.” – William Blackstone

No enactment of man can be considered law unless it conforms to the law of God.” – William Blackstone

The public good is in nothing more essentially interested, than in the protection of every individual’s private rights. So great moreover is the regard of the law for private property, that it will not authorize the least violation of it; no, not even for the general good of the whole community.” – William Blackstone

The Statists, Marxist, Leftist, Progressives, Socialist, i.e. those elements of the country that wish the federal/central government to control everything, would have you believe that the second amendment pertains simply to the military. The Democrats have made this argument for years. Clearly they lie and/or are wrong as you will see as you educate yourself here on exactly what the Founder’s and others said on the subject at the time of the founding.

Men who look upon themselves born to reign, and others to obey, soon grow insolent; selected from the rest of mankind their minds are early poisoned by importance; and the world they act in differs so materially from the world at large, that they have but little opportunity of knowing its true interests, and when they succeed to the government are frequently the most ignorant and unfit of any throughout the dominions.”- Thomas Paine

“If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.” – Samuel Adams

“The law of self-preservation overrules the laws of obligation to others.” ~ Thomas Jefferson 1793

The 2nd Amendment ensures the 1st Amendment.

The Second Amendment states:
“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.”

definitions of key words:

Right: noun; 1. something to which one has a just claim, 2. the power or privilege to which one is justly entitled, 3. something that one may properly claim as due, 4. the cause of truth or justice

People: plural; any one, of a number of human beings making up a group or assembly or linked by a common interest.

People is plural for person, people therefore according to the Founder’s original intent, meant every single citizen that make up the people of the United States of America.

Keep: verb; 1. to retain in one’s possession or power, 2. to continue to maintain, 3. to cause to remain in a given place, situation, or condition, 4. to preserve in an unspoiled condition.

Bear: verb: 1. to be equipped or furnished with, 2.to carry or possess

Shall: verb: 1. used to express a command or exhortation, 2. used in laws, regulations, or directives to express what is mandatory

Not: adverb: 1. never, 2. not ever, 3. at no time, 4. not in any degree, 5. not under any condition

Be: verb: 1. to have, maintain, or occupy a place, situation, or position; 2. to remain unmolested, undisturbed, or uninterrupted

Infringed: Infringe; verb: to encroach upon in a way that violates law or the rights of another, Encroach; 1. to enter by gradual steps or by stealth into the possessions or rights of another, 2. to advance beyond the usual or proper limits

See the following links also: Political Evils and the Remedy for them by Noah Webster 1834,
Constitution of the United States and it’s Governmental Operations (In Plain English so even lawyers and politicians can understand) ,
POLITICAL CONSTITUTIONS by Johannes Von Muller (1832),
Resistance to Tyrants is Obedience to God
Barack Obama’s 10 Point Plan to “Change” The Second Amendment

If the government believes they should provide everyone with healthcare because it is a “Right”, why is it they do not provide us all with guns, because that has been a true “Right” to “Keep and Bear” for much longer than healthcare!

Founder’s quotes on 2nd amendment

”The very atmosphere of firearms anywhere and everywhere restrains evil interference — they deserve a place of honor with all that’s good.” (George Washington)

“A free people ought not only to be armed and disciplined but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.” (George Washington)

“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 insure 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 is good” (George Washington)

“I ask, Sir, what is the militia? It is the whole people. To disarm the people is the best and most effectual way to enslave them.” (George Mason Co-author of the Second Amendment during Virginia’s Convention to Ratify the Constitution, 1788)

“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 invented against it, conform to the probable one in which it was passed.” (Thomas Jefferson, letter to William Johnson, June 12, 1823, The Complete Jefferson, p. 322)

“No Free man shall ever be debarred the use of arms.” (Thomas Jefferson, Proposal Virginia Constitution)

“The right of the people to keep and bear…arms shall not be infringed. A well regulated militia, composed of the body of the people, trained to arms, is the best and most natural defense of a free country…” (James Madison, I Annals of Congress)

What country can preserve its liberties, if its rulers are not warned from time to time that [the] people preserve the spirit of resistance? Let them take arms…The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. (Thomas Jefferson, letter to Col. William S. Smith, Paris; 1787 see bottom of post for full letter)

“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)

“Those who hammer their guns into plows, will plow for those who do not.” (Thomas Jefferson)

“It is the duty of a Patriot to protect his country from its government” (Thomas Paine)

“If ever time should come, when vain and aspiring men shall possess the highest seats in Government, our country will stand in need of its experienced patriots to prevent its ruin.” (Samuel Adams)

“On every unauthoritative exercise of power by the legislature must the people rise in rebellion or their silence be construed into a surrender of that power.” (Thomas Jefferson)

“And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms… The tree of Liberty must be refreshed from time to time, with the blood of patriots and tyrants.” (Thomas Jefferson, letter to William S. Smith, 1787)

Thomas Jefferson In his Commonplace Book, Jefferson quotes Cesare Beccaria from his seminal work, 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.”

“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 the constant companion of your walks.” (Encyclopedia of Thomas Jefferson)

“No free man shall ever be debarred the use of arms.”, Proposal for a Virginia Constitution, (Thomas Jefferson Papers, 334 C.J. Boyd, Ed. 1950)

“The Constitution is not an instrument for the government to restrain the people; it is an instrument for the people to restrain the government.” (Patrick Henry )

“Are we at last brought to such a humiliating and debasing degradation, that we cannot be trusted with arms for our own defense? Where is the difference between having our arms in our possession and under our own 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, Elliot Debates)

“The people have a right to keep and bear arms.” and “The great object is that every man be armed. Everyone who is able might have a gun.” (Patrick Henry, Elliot Debates)

Those who expect to reap the blessings of freedom, must, like men, undergo the fatigue of supporting it.  (Thomas Paine)

“The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals…. It establishes some rights of the individual  as unalienable and which consequently, no majority has a right  to deprive them of.” (Albert Gallatin of the New York Historical Society, October 7, 1789)

“The right of self-defense is the first law of nature; in most governments it has been the study of rulers to confine this right within the narrowest possible limits…and [when] the right of the people to keep and bear arms is, under any color or pretext whatsoever, prohibited, liberty, if not already annihilated, is on the brink of destruction.” (Sir George Tucker, Judge of the Virginia Supreme Court and U.S. District Court of Virginia, in I Blackstone Commentaries)

“The  right of the people to keep and bear…arms shall not be infringed. A well  regulated militia, composed of the body 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])

“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.” (James Madison, notes of debates in the 1787 Federal Convention)

Militias, when properly formed, are in fact the people themselves and include all men capable of bearing arms. […] 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.
(Senator Richard Henry Lee, 1788, on “militia” in the 2nd Amendment writing in Letters from the Federal Farmer to the Republic)

“A militia, when properly formed, are in fact the people themselves …”
(Richard Henry Lee writing in Letters from the Federal Farmer to the Republic, Letter XVIII, May, 1788.)

“Whenever, therefore, the profession of arms becomes a distinct order in the state….the end of the social compact is defeated… 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 are a 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)

“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 August17, 1789])

“…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, Jonathan Elliot, ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, Vol.2 at 97 (2d ed., 1888))

“…to disarm the people – that was the best and most effectual way to enslave them.”  (George Mason)

“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)

“the ultimate authority … resides in the people alone,” (James Madison, author of the Bill of Rights, in Federalist Paper #46.)

“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 An Examination  into the Leading Principles of the Federal Constitution’, 1787, a pamphlet aimed at swaying Pennsylvania toward ratification,  in Paul Ford, ed., Pamphlets on the Constitution of the United States, at 56(New York, 1888))

“…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.)

“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.)

“As civil rulers, not having their duty to the people 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  their private 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 18, 1789 at 2 col. 1)

“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 have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American…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. (Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788)

“The  prohibition is general. No clause in the Constitution could by any  rule of construction be conceived to give to Congress a power to disarm the people. Such a flagitious attempt could only be made under some general pretense by a state legislature. But if in any blind pursuit of inordinate power, either should attempt it, this amendment may be appealed to as a restraint on both.” [William Rawle, A View of the Constitution 125-6 (2nd ed. 1829)

“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.)

“What, sir, is the use of a militia? It is to prevent the establishment of a standing army, the bane of liberty.” (Rep. Elbridge Gerry of Massachusetts:, I Annals of Congress at 750 August 17, 1789)

“I ask, sir, what is the militia? It is the whole people, except for few public officials.”  (George Mason,)

“The  Constitution shall never be construed….to prevent the people of  the United States who are peaceable citizens from keeping their own arms” (Samuel Adams, Debates and Proceedings in the Convention of the Commonwealth of Massachusetts, 86-87)

“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, Walter Bennett, ed., Letters from the Federal Farmer to the Republican, at 21,22,124 (Univ. of Alabama Press,1975)..)

“The great object is that every man be armed” and “everyone who is able may have a gun.” (Patrick Henry, in the Virginia Convention on the ratification of the Constitution. Debates and other Proceedings of the Convention of Virginia,…taken in shorthand by David Robertson of Petersburg, at 271,  275 2d ed.  Richmond, 1805. Also 3 Elliot, Debates at 386)

“The people are not to be disarmed of their weapons. They are left in full possession of them.” (Zachariah Johnson, Elliot’s Debates, vol. 3)

“Are we at last brought to such humiliating 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, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836)

“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)

“That the said 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 and Proceedings in the Convention of the Commonwealth of Massachusetts, at 86-87 (Peirce  & Hale,  eds.,  Boston, 1850))

“And what country can preserve its liberties, if its rulers are not  warned from time to time that this people preserve the spirit of  resistance? Let them take arms….The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants” (Thomas Jefferson in a letter to William S. Smith in 1787.  Taken from Jefferson, On Democracy 20, S. Padover ed.,1939)

“Guard with jealous attention the public liberty. Suspect everyone who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined”  (Patrick Henry, 3 J. Elliot, Debates in the Several State Conventions 45, 2d ed. Philadelphia, 1836)

“The strongest reason for people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.”  –(Thomas Jefferson)

“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 insure 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 is good” (George Washington)

“The supposed quietude of a good mans 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, [Writings of Thomas Paine])

“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 the constant companion of your walks.(Thomas  Jefferson, Encyclopedia of T. Jefferson, 318 [Foley,  Ed.,  reissued 1967])

“The supposed quietude of a good mans 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 [1894])

(The  American Colonies were) “all democratic governments, where the power is in the hands of the people and where there is not the  least difficulty or jealousy about putting arms into the hands of every man in the country. (European countries should not) be ignorant of the strength and the force of such a form of government and how strenuously and almost wonderfully people living under one have sometimes exerted themselves in defense of their rights and liberties and how fatally it has ended with many a man and many a state who have entered into quarrels, wars and contests with them.” [George Mason, “Remarks on Annual Elections for the Fairfax Independent Company” in The Papers of George Mason, 1725-1792, ed Robert A. Rutland (Chapel Hill, 1970)]

“It is not certain that with this aid alone [possession of arms], they would not be able to shake off their yokes.  But were the people to posses the additional advantages of local governments chosen by themselves, who could collect the national will, and direct the national force; and of officers appointed out of the militia, by these governments and attached both to them and to the militia, it may be affirmed with the greatest assurance, that the throne of every tyranny in Europe would be speedily overturned, in spite of the  legions which surround it.” (James Madison, “Federalist No. 46”)

“Let us contemplate our forefathers, and posterity, and resolve to maintain the rights bequeathed to us from the former, for the sake of the latter. The necessity of the times, more than ever, calls for our utmost circumspection, deliberation, fortitude, and perseverance. Let us remember that ‘if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom.’ It is a very serious consideration that millions yet unborn may be the miserable sharers of the event.” (Samuel Adams speech, 1771)

“These are the times that try men’s souls. The summer soldier and the sunshine patriot will, in this crisis, shrink from the service of their country; but he that stands it now, deserves the love and thanks of man and woman. Tyranny, like hell, is not easily conquered; yet we have this consolation with us, that the harder the conflict, the more glorious the triumph. What we obtain too cheap, we esteem too lightly: it is dearness only that gives every thing its value. Heaven knows how to put a proper price upon its goods; and it would be strange indeed if so celestial an article as freedom should not be highly rated.”  (Thomas Paine)

“We have therefore to resolve to conquer or die: Our own Country’s Honor, all call upon us for a vigorous and manly exertion, and if we now shamefully fail, we shall become infamous to the whole world. Let us therefore rely upon the goodness of the Cause, and the aid of the supreme Being, in whose hands Victory is, to animate and encourage us to great and noble Actions — The Eyes of all our Countrymen are now upon us, and we shall have their blessings, and praises, if happily we are the instruments of saving them from the Tyranny mediated against them.” (George Washington, General Orders, July 2, 1776.)

Court rulings on the subject

“To prohibit a citizen from wearing or carrying a war arm . . . is an unwarranted restriction upon the constitutional right to keep and bear arms. If cowardly and dishonorable men sometimes shoot unarmed men with army pistols or guns, the evil must be prevented by the penitentiary and gallows, and not by a general deprivation of constitutional privilege.” [Wilson vs. State, 33  Ark. 557, at 560, 34 Am. Rep. (1878)]

For, in principle, there is no difference between a law prohibiting the wearing  of concealed arms, and a law forbidding the wearing such as are  exposed; and if the former be unconstitutional, the latter must be so likewise. But it should not be forgotten, that it is not only a part of the right that is secured by the constitution; it is the right entire and complete, as it existed at the adoption of the constitution; and if any portion of that right be impaired, immaterial how small the part may be, and immaterial the order of time at which it be done, it is equally forbidden by the constitution.” [Bliss  vs. Commonwealth, 12 Ky. (2 Litt.) 90, at 92, and 93, 13 Am. Dec. 251 (1822)] ”

The right of the people to keep and bear arms shall not be infringed” The right of the whole people, old and young, men, women and boys, and not militia only, to keep and bear arms of every description, and not such merely as are used by the militia, shall not be infringed, curtailed, or broken in upon, in the smallest degree; and all this for the important end to be attained: the rearing up and qualifying a well-regulated militia, so vitally necessary to the security of a free State. Our opinion is that any law, State or Federal, is repugnant to the Constitution, and void, which contravenes this right.” [Nunn vs. State, 1 Ga (1 Kel.)  (1846)]

“The provision in the Constitution granting the right to all persons to bear arms is a limitation upon the power of the Legislature to enact any law to the contrary. The  exercise of a right guaranteed by the Constitution  cannot  be made subject to the will of the sheriff.” [People vs. Zerillo, 219 Mich. 635, 189 N.W. (1922)]

“The  maintenance of the right to bear arms is a most essential one to every free  people and should not be whittled down by technical constructions.”[State vs. Kerner, 181 N.C. 574, 107 S.E. (1921)]

“The right of a citizen to bear arms, in lawful defense of himself or  the State, is absolute. He does not derive it from the State government. It is one of the “high powers” delegated directly to the citizen, and is excepted out of the general powers of government.’ A law cannot be passed to infringe upon or impair it, because it is above the law, and independent of the lawmaking power.” [Cockrum vs. State, 24 Tex.394, at (1859)]

Other quotes on the subject of bearing arms from American history

“The whole of the Bill (of Rights) is a declaration of the right of the people at large or considered as individuals…. It establishes some rights of the individual as unalienable and which consequently, no majority has a right to deprive them of.” (Albert Gallatin of the New York Historical Society, October 7, 1789)

“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 people are confirmed by the next article in their right to  keep and bear their private arms” (from article in the Philadelphia  Federal Gazette June 18, 1789 at 2, col.2,)

“The importance of this article will scarcely be doubted by any persons, who have duly reflected upon the subject. The militia is the natural defence of a free country against sudden foreign invasions, domestic insurrections, and domestic usurpations of power by rulers. It is against sound policy for a free people to keep up large military establishments and standing armies in time of peace, both from the enormous expenses, with which they are attended, and the facile means, which they afford to ambitious and unprincipled rulers, to subvert the government, or trample upon the rights of the people. The right of the citizens to keep and bear arms has justly been considered, as the palladium of the liberties of a republic; since it offers a strong moral check against the usurpation and arbitrary power of rulers; and will generally, even if these are successful in the first instance, enable the people to resist and triumph over them. And yet, though this truth would seem so clear, and the importance of a well regulated militia would seem so undeniable, it cannot be disguised, that among the American people there is a growing indifference to any system of militia discipline, and a strong disposition, from a sense of its burdens, to be rid of all regulations. How it is practicable to keep the people duly armed without some organization, it is difficult to see. There is certainly no small danger, that indifference may lead to disgust, and disgust to contempt; and thus gradually undermine all the protection intended by this clause of our national bill of rights.” (Joseph Story, Supreme Court Justice and U.S. House Representative from Massachusetts. Commentaries on the  Constitution of the United States; With a Preliminary Review of the Constitutional History of the Colonies and States before the Adoption of the Constitution [Boston, 1833])

“The tank, the B-52, the fighter-bomber, the state-controlled police and military  are the weapons of dictatorship. The rifle is the weapon of democracy. If guns are outlawed, only the government will have guns. Only  the police, the secret police, the military. The hired servants of our rulers. Only the government-and a few outlaws. I intend to be among the outlaws.” (Edward  Abbey, “The Right to Arms,” Abbey’s Road [New York, 1979])

Quotes from international figures

“Those, who have the command of the arms in a country are masters of the state, and have it in their power to make what revolutions they please. [Thus,] there is no end to observations on the difference between the measures likely to be pursued by a minister backed by a standing army, and those of a court awed  by the fear of an armed people.” (Aristotle, as quoted by John Trenchard and Water Moyle, An Argument Shewing, That a Standing Army Is Inconsistent with a Free Government, and Absolutely Destructive to the Constitution of the English Monarchy [London, 1697])

“No kingdom can be secured otherwise than by arming the people.  The possession  of arms is the distinction between a freeman and a slave.  He, who has nothing, and who himself belongs to another, must be defended by him, whose property he is, and needs no arms. But he, who thinks he is his own master, and has what he can call his own, ought to have arms to defend himself, and what he possesses; else he lives precariously, and at discretion.” (James Burgh, Political Disquisitions: Or, an Enquiry into Public Errors,  Defects, and Abuses [London, 1774-1775])

“The difficulty here has been to persuade the citizens to keep arms, not  to prevent them from being employed for violent purposes.” (Timothy Dwight,  Travels in New-England)

“To trust arms in the hands of the people at large has, in Europe, been believed…to be an experiment fraught only with danger. Here by a long trial it has been proved to be perfectly harmless…If the government be  equitable; if it be reasonable in its exactions; if proper attention be paid to the  education of children in knowledge and religion, few men will be disposed to use arms, unless for their amusement, and for the defense of themselves and their country.” (Timothy Dwight, Travels in New England and New York [London 1823]

“You are bound to meet misfortune if you are unarmed because, among other reasons, people despise you….There is simply no comparison between a man who is armed and one who is not. It is unreasonable to expect that an armed man should obey one who is unarmed, or that an unarmed man should remain safe and secure when his servants are armed. In the latter case, there will be  suspicion on the one hand and contempt on the other, making cooperation impossible.” (Niccolo Machiavelli in “The Prince”)

“You must understand, therefore, that there are two ways of fighting: by law or by force. The first way is natural to men, and the second to beasts. But as the first way often proves inadequate one must needs have recourse to the second.” (Niccolo Machiavelli in “The Prince”)

Thomas Jefferson “Tree of Liberty” quote:

“I do not know whether it is to yourself or Mr. Adams I am to give my thanks for the copy of the new constitution. I beg leave through you to place them where due. It will be yet three weeks before I shall receive them from America. There are very good articles in it: and very bad. I do not know which preponderate. What we have lately read in the history of Holland, in the chapter on the Stadtholder, would have sufficed to set me against a Chief magistrate eligible for a long duration, if I had ever been disposed towards one: and what we have always read of the elections of Polish kings should have forever excluded the idea of one continuable for life. Wonderful is the effect of impudent and persevering lying. The British ministry have so long hired their gazetteers to repeat and model into every form lies about our being in anarchy, that the world has at length believed them, the English nation has believed them, the ministers themselves have come to believe them, and what is more wonderful, we have believed them ourselves. Yet where does this anarchy exist? Where did it ever exist, except in the single instance of Massachusets? And can history produce an instance of a rebellion so honourably conducted? I say nothing of it’s motives. They were founded in ignorance, not wickedness. God forbid we should ever be 20 years without such a rebellion. The people can not be all, and always, well informed. The part which is wrong will be discontented in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions it is a lethargy, the forerunner of death to the public liberty. We have had 13. states independant 11. years. There has been one rebellion. That comes to one rebellion in a century and a half for each state. What country ever existed a century and a half without a rebellion? And what country can preserve it’s liberties if their rulers are not warned from time to time that their people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants. It is it’s natural manure. Our Convention has been too much impressed by the insurrection of Massachusets: and in the spur of the moment they are setting up a kite to keep the hen yard in order. I hope in god this article will be rectified before the new constitution is accepted.” – Thomas Jefferson to William Stephens Smith, Paris, 13 Nov. 178

Other posts that may be of interest:
The Wisdom of Founder John Adams Part 2: Novanglus Papers
The Failure of Marxism and Socialism
The Doctrine of Fascism, Fascism Defined by Benito Mussolini
Christianity and the Founding of the United States
Non-Revisionist Politically Incorrect History of America from the Ancient Authors Part 1
Non-Revisionist Politically Incorrect History of the World With Biblical References Part 1

“Societies exist under three forms sufficiently distinguishable. 1. Without government, as among our Indians. 2. Under governments wherein the will of every one has a just influence, as is the case in England in a slight degree, and in our states in a great one. 3. Under governments of force: as is the case in all other monarchies and in most of the other republics. To have an idea of the curse of existence under these last, they must be seen. It is a government of wolves over sheep. It is a problem, not clear in my mind, that the 1st. condition is not the best. But I believe it to be inconsistent with any great degree of population. The second state has a great deal of good in it. The mass of mankind under that enjoys a precious degree of liberty and happiness. It has it’s evils too: the principal of which is the turbulence to which it is subject. But weigh this against the oppressions of monarchy, and it becomes nothing. Malo periculosam, libertatem quam quietam servitutem (Translation: I prefer dangerous freedom over peaceful slavery) Even this evil is productive of good. It prevents the degeneracy of government, and nourishes a general attention to the public affairs. I hold it that a little rebellion now and then is a good thing, and as necessary in the political world as storms in the physical. Unsuccesful rebellions indeed generally establish the incroachments on the rights of the people which have produced them. An observation of this truth should render honest republican governors so mild in their punishment of rebellions, as not to discourage them too much. It is a medecine necessary for the sound health of government.” (Thomas Jefferson letter to James Madison, Paris, January 30, 1787)

“Many free countries have lost their liberty, and ours may lose hers; but if she shall, be it my proudest plume, not that I was the last to desert, but that I never deserted her.

I know that the great volcano at Washington, aroused and directed by the evil spirit that reigns there, is belching forth the lava of political corruption in a current broad and deep, which is sweeping with frightful velocity over the whole length and breadth of the land, bidding fair to leave unscathed no green spot or living thing; while on its bosom are riding, like demons on the waves of hell, the imps of that evil spirit, and fiendishly taunting all those who dare resist its destroying course with the hopelessness of their effort; and, knowing this, I cannot deny that all may be swept away. Broken by it I, too, may be; bow to it I never will.

The probability that we may fall in the struggle ought not to deter us from the support of a cause we believe to be just; it shall not deter me. If ever I feel the soul within me elevate and expand to those dimensions not wholly unworthy of its almighty Architect, it is when I contemplate the cause of my country deserted by all the world beside, and I standing up boldly and alone, and hurling defiance at her victorious oppressors.

Here, without contemplating consequences, before high heaven and in the face of the world, I swear eternal fidelity to the just cause, as I deem it, of the land of my life, my liberty, and my love.

And who that thinks with me will not fearlessly adopt the oath that I take?

Let none falter who thinks he is right, and we may succeed. But if, after all, we shall fail, be it so. We still shall have the proud consolation of saying to our consciences, and to the departed shade of our country’s freedom, that the cause approved of our judgment, and adored of our hearts, in disaster, in chains, in torture, in death, we never faltered in defending.” (From The Entire Writings of Lincoln by Abraham Lincoln)