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THE RIGHT TO BEAR ARMS
Perennial Practice Makes Perfect Precedent:
The 2nd Amendment was not preceded by a vacuum of 180 years of right-to-bear-arms laws, customs and traditions. Au contraire:
It would appear that the 2nd Amendment put into
writing that which had been practiced for 145 years
by the citizens of old New Netherlands and New York,
and other states as well. One of my ancestors in 1676 had weapons in Ipswich, Massachusetts, used during the
"New England Indian Wars" as well as 1668 in
a domestic dispute with his father`s weapon, which the
latter had in 1649.
Actually, in fact, this right to bear arms stems from the Dutch tradition in New York State dating to 1643,45,46. The English conquerors of New Netherlands never invalidated these written rights of the Dutch to bear arms nor confiscated their firearms, but actually kept them on as a ready-made frontier militia, [e.g., Saratoga blockhouse 1690`s] as a buffer against incursions of the French and their Native American allies. The civilian Dutch were recorded as having firearms under the English as late as 1753 just before French began reinforcing their fortified positions on the New York/Canada frontier. (My family has been here since 1648.) viz:
This first section primarily focuses on the Dutch colonial firearm tradition and laws for New Netherlands which extended from New York City [New Amsterdam] to the border of Canada and west to Lake Erie and Lake Ontario.)
THE DUTCH/ANGLO/AMERICAN PRECEDENT OF THE RIGHT TO BEAR ARMS
Freemen Protect Their Families by Force of Arms
1643 August Dutch-Indian War in New Netherlands...
``On the other hand, the enemy [N.A.`s] is strong and mighty. They have formed an alliance, one with another, with more than seven different tribes, well supplied with muskets, powder, and ball, which they have procured and daily receive from private traders,
in exchange for beaver, and with which they murder our people. The woods and thickets are now also useful to them, for they have removed all their women, children, and old men into the interior. The rest of the warriors daily menace our lives with fire and sword, and threaten to attack the fort with all their strength, now consisting of fifteen hundred men...Our population consists, for the most part, of women and children. The freemen (not counting the English) are about two hundred in number, who must protect, by force of arms, their families, which now lie concealed in straw huts, around outside the fort.` Jameson, p.333, "Representation of New Netherland"; O`Callaghan, "Hist. Of New Netherland", Vol.1, pp.290-291
The Right To Bear Firearms, Side-arms and Other Weapons For Self-Defence
1644 December 16 `the colonists [Dutch in New Netherland] and servants should be bound, under certain penalties, to provide themselves with good fire-arms, and other weapons for self-defence...But it should be [in New Netherland] absolutely forbidden, that either the freemen should sell to the Indians, or the licensd traders to the freemen, any arms or munitions of war, on pain of heavy punishment to be inflicted therefor, lest the Indians, being strengthened thereby, may hereafter be encouraged to do us more injury than they can now, in their impotency, inflict.
But it shall be obligatory on the freemen to be provide,
each with a good musket and side-arms for self-defence,
as already mentioned in the 5th point. An inspection thereof shall be had by the Director every six months.' O`Callaghan, "Hist. Of New Netherland", Vol.1, pp.422-423, "Appendix E, Report and Advice on the condition of New Netherland, drawn up from documents and papers placed by the commission of the Assembly of the XIX., dated 15 Dec., 1644 in the hands of the General Chambers of Accounts"
Arms For Security and Defence
1645 in New Netherland: `Means were to be adopted to induce the colonists to form towns and villages, and to provide themselves with arms for their security and defence.` O`Callaghan, "Hist. Of New Netherland", Vol.2, p.18
1645: "The persons hereinafter specified shall be maintained to garrison the fort, on such allowances as shall be found most advantageous for the Company, and for greater security, the colonists and their domestics shall be holden, under certain penalties, to provide themselves with good muskets, and other weapons for their own defence, so as to be able, in time of necessity, with the garrison, to resist a general attack, without the Director, colonists, or whosoever it may be, having the power to take into the pay of the Company any soldiers..."
Right of Possession & Use of Arms For Their Own Defense, Including Ammunition
1649:
"New England is divided into four Colonies, which they style Provinces. Each Colony hath its Governor, and neither Patroons, Lords nor Princes are known there ; only the People. Each Governor is like a Sovereign in his place...; and this is what we have learned from divers of the English respecting New England.
In Military affairs they have also some ffeneralia [sic]which we shall pass over with a word or two. All their inhabitants, burghers, farmers, planters and servants bear arms, and thereto each particular place hath its arrangement . They are divided into separate companies, and are commanded by their Majors and-Colonel* who are the Governors. la. case of invasion or other necessity each town knows, according to its strength, the quota either in men or money which it must contribute to the member or members in danger, according to the federation and order agreed upon in the case, among themselves: from this league is excepted only the difference which the Southern English have with the Dutch, in regard to occupation and settlement of boundaries and time may determine ..."
1650 in New Netherland: "IV. Whereas their High mightinesses
have learnt that the commonality of New Netherland either were not obliged to cultivate, or had neglected the possession and use of arms for their own defence, each of the said inhabitants shal therefore be bound to provide himself with a good musket, with powder and lead, necessary thereto, and be enrolled and formed into a guard, causing the said guns to be stamped and inspected, and all persons are forbidden to sell his stamped gun, or to deprive himself or his family thereof." O`Callaghan, "Hist. Of New Netherland", Vol.2, p.134, `Provisional Order for the Government, Preservation and Peopling of New Netherland`
1650`s New Netherland:
also cf. ibid., p.430 "the town contained 40 men capable of bearing arms"
also cf. ibid., p. 126, 1650: "...thirty guns by the Director`s orders. These were delivered to Commissary Keyser, with directions to sell them to the Dutch colonists, who were unprovided with arms, so as to enable them to defend themselves. This Keyser did"
also cf. ibid., p.521 "Staten Island is a two good (Dutch) miles from the fort (Amsterdam). It
was settled on the south side, out of sight of the fort, by ten or twelve men capable of bearing arms."
also cf. ibid., pp312-316 in year 1657:
"They finally craved arms and ammunition for self-defence, on paying therefor, and that whatever writings may pass between themselves and the government be in English, so that they " may fully and perfectly understand them." Thomas Wheeler, Thomas Newman, and John Lord were Mar.28. selected as magistrates, but the conclusions on the other demands were postponed until the Director and Council should have an opportunity to consult the petitioners. Thus happily terminated a misunderstanding which threatened, at first, a different issue. This settlement was henceforward called " Oostdorp" by the Dutch, and East-town by the English. footnote:" 1 The Jan. 3. Council thereupon sent them twelve muskets; a dozen pounds of powder ; the same quantity of lead; two bundles of matches, and one writing book for the magistrates."
Militia 1650
"In this way he is taxed to build and support churches and schools ; to maintain preachers and schoolmasters; to erect public buildings in cities and villages ; to construct and repair all highways and bridges ; to support governors, magistrates, constables, and other officers of justice ; and to pay the several officers of the militia."
O`Callaghan, Hist. of New Netherland, p.153
1655
" Considering it wiser to secure one's own house than to aim at the possession of one at a distance, especially as the loss of the first might be caused thereby," the Council at Fort Amsterdam dispatched an express to the South River recalling the Director-general, for bodies of savages continued prowling over the island, firing and burning whatever came in their way. Whilst this terror still prevailed, Stuyvesant returned to the Manhattans, and by his energy and zeal aided much in re-assuring the colonists, Chap. He sent soldiers to the out-settlements, laid an embargo on the vessels then about to sail, and ordered such of the passengers as were able to bear arms not to depart " until it should please God to change the aspect of affairs." A plank curtain was thrown up, to prevent the Indians scaling the city walls, to meet the expense of which six thousand three hundred guilders were raised " from the merchants, traders, skippers, factors, passengers and citizens generally."2 No persons, on any account, were to go into the country without permission, nor unless in a number sufficient to ensure their safety..."
ibid, p.293
1656,1664
"At the commencement of Stuyvesant's administration, the numberof persons capable of bearing arms is stated to have been between two hundred and fifty and three hundred, in and
around the capital.3 Including Rensselaerswyck, this
would give a population of two thousand souls. In 1664,
the number is estimated at " full ten thousand."4 New
of New Amsterdam contained, in 1656, when first surveyed by
dam. Capt. de Koninck, one hundred and twenty houses, and
one thousand souls. The former increased in 1660, when
a map of the capital was made, to over tnree hundred and
fifty,5 whilst the population augmented, in 1664, to fifteen
hundred. Of these, not quite two hundred and fifty were
male adults; the balance, between twelve and thirteen
hundred, consisted of women, and children below eighteen years of age."
ibid, p.540
Militia 1659 New Netherlands
"Nothing could overcome the reluctance of the burghers. " The one disheartened the other; the more violent maintaining that they were obliged to-defend only their own homes, and that no citizen could be forced to jeopardize his life in fighting barbarous savages." Discouraged and almost deprived of hope by this opposition, the Director-general again summoned the city magistrates; he informed them that he had now some forty men, and expected between twenty and thirty Englishmen from the adjoining villages. He, therefore, ordered that the three companies of the city militia be paraded next day in his presence, armed and equipped, in order that one last effort be made to obtain volunteers."
Articles of Capitulation of the Dutch to the English 1664
ARTICLES OF CAPITULATION.
" I. We consent that the States General, or the West India Company, shall freely injoy all farms and houses (except such as are in the forts) and that within six months, they shall have free liberty to transport all such arms and ammunition, as now does belong to them, or else they shall be paid for them."
...
" III. All people shall still continue free denizens, and shall injoy their lands, houses, goods, wheresoever they
are within this country, and dispose of them as they please."
'VIII. The Dutch here shall injoy [sic] the liberty of their consciences in divine worship and church discipline*"
"X. That the townsmen of the Manhattans shall not have any soldiers quartered upon them, without being satisfied and paid for them by their officers, and that at this present, if the fort be not capable of lodging all the soldiers, then the Burgomasters, by their officers, shall appoint some houses capable to receive them."
" XIX. The officers military, and soldiers, shall march out with their arms, drums beating, and colours flying, and lighted matches; and if any of them will plant, they shall have fifty acres of land set out for them; if any of them will serve as servants, they shall continue with all safety, and become free denizens afterwards."
1664 New Netherlands
1664 ". The Chap delegates were now called on for supplies. A force of one hundred and fifty soldiers would require thirty thou-[ 1664]. sand guilders per annum. If this could not be furnished, every third man should take up arms. But this would not be exacted. Every fifth or sixth man would suffice. With these and the present soldiers, the Indian war could be terminated in a year. If these were refused, then the responsibility would not rest on the Director and Council." ibid. p.507
Pre-Constitution Practices
1710 July "...each member of the 1709 expedition to
Canada might keep as his own forever the
Queen`s musket that would be furnished to him.
["On the next day appeared a proclamation from the governor announcing the aforesaid "encouragements," calling on last year's soldiers to enlist again, promising that all should return home as soon as Port Royal was taken, and that each might keep as his own forever the Queen's musket that would be furnished him."]
"-Parkman, "Half", Vol. I, p.144
1775 April 19?
Connecticut
do. do.
[431]" And be it further enacted by the authority aforesaid, That each inhabitant so inlisted shall be furnished with good fire-arms, and that the fire-arms belonging to this Colony, wherever they are, shall be collected and put into the hands of such inlisted inhabitants as have not arms of their own ; and that each inlisted inhabitant that shall provide arms for himself, well fixed with a good bayonet and cartouch box, shall be paid a preminm of ten shillings ; and in case such arms are lost by inevitable casualty, such inhabitant providing himself as aforesaid shall be allowed and paid the just value of such arms and implements so lost, deducting only said sum of ten shillings allowed as aforesaid: said preminm of ten shillings to be paid as soon as such inhabitant shall provide such arms as aforesaid. That where the aforesaid provision fails, sufficient arms shall be impress'd, compleatly to arm and equip said inhabitants: the said impress to be limited only to the arms belonging to house-holders and other persons not on the militia roll; and in case any householder or other person shall voluntarily furnish any inlisted inhabitant, not able to procure arms for himself, with a good, gun, well fixed with a good bayonet and cartouch box, shall have and receive a preminm of ten shillings, and in case of loss shall receive the value thereof, deducting the said ten shillings as aforesaid ; and also that every person from whom any gun shiill be impress'd, as aforesaid, shall be paid for the use of such gun the sum of four shillings, and in case of loss shall be paid the just value of such gun, deducting the sum of four shillings aforesaid ; and that a particular account be taken of the arms that may be used, and the same be all apprized by indifferent judges; and that if any inlisted inhabitant through negligence shall lose or damage the arms found for him, as aforesaid, such loss or damage shall be deducted out of his wages."
"The public records of the colony of Connecticut [1636-1776",p.418
1775 Col. Prescott grabbed his musket on the way to Bunker Hill. - my family tradition
1775 -6 other of my ancestors had their weapons at hand at Bunker Hill [Breed`s]-family tradition.
1777 July Private Joseph Pulsifer, Company of militia commanded by Lt. Col. David Webster (Plymouth) marched to reinforce garrison at Ticonderoga on Alarm of July 1777, proceded [sic] as far as Cavendish where met troops in retreat from Ticonderoga. [New Hampshire State Papers, Vol. XIV Revolutionary Rolls Vol.2] 187B
Post-Constitution Practices
1812 During the War of 1812, settlers in the Adirondacks asked the New York Militia for help against raiding N.A.s. They were told to fend for themselves. [Tradition; other sources]
1814 September 4 700 Militia [from Essex and Clinton [rallied] counties [NY] had assembled at Plattsburgh and were immediately placed on the front line first picket. They attacked the British first across the river, not waiting for the U.S. Army regulars to decide what to do. Crockett, p.268 , Crockett, Wm. H., "A History of Lake Champlain". Hubart J. Shanley & Co., 1909, Crown Collection, New York State Library *
1865 Custer`s NY 5th Cavalry, Hammond`s Crown Point Co. C .& Ticonderoga Cavalry, my g-grandfathers, bought their weapons and Morgan chargers home from Appomatox-
1918 -My g-uncles brought home WWI German and English sniper rifles
1945 My uncles brought home German lugars and U.S. carbines, and were shown off in the 4th of July parades and at the local American Legion Hall exhibits.[accounts published in local newspaper.]
1953 Rifles brought back from Korea by my relatives.
1975 I saw my vet friends and relatives brought home VC/NVA AK-47`s right through San Francisco Airport openly. It was an accepted practice and tradition to bring home war souvenirs unmolested .
1957 As a 14-year old teenager, bought at the local U.S. Army Store, a semi-automatic 20 shot .22 rifle to shoot on the farm. Later, Under NY State law, I carried around the unloaded .22 LR breech open on the back seat window of my 1951 Dodge so troopers could see it.
2009 One can still park his/her shotgun outside a door of a store legally in Vermont
2010 "The History Channel" broadcast "WWII HD"and DVD shows WW2 American soldiers bringing home German pistols, rifles, bayonets, etc. as war trophies
[This does not mention the Mohawk et alii N.A. treaties
with the Dutch, English, and New York (1) prior
to the U.S. Constitution guaranteeing them their right to arms forever.
[1. on the reservation.]
My family has borne arms since 1648, an unbroken
line of weapons on the mantle.
finis
Here`s a bite of a Copperhead from Rattlesnake Hill [Mt. Defiance, Ticonderoga, NY]
Don`t Tread On Me
O`Callaghan, "Hist. Of New Netherland", p.560
"Documents Relative to the Colonial History of the State of New York"; Procured in Holland,. England and France, 1856, London Documents XXVI, Vol. .--p.267
ibid. p.399
1777 7 other: my 7 ancestors had their own weapons at Battle of Saratoga II.
Precedent, Practice, and Tradition of War Trophies
Bearing of Arms