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The Founders considered arms rights to be “natural rights” that always belonged to all people, including themselves as British subjects, and were in no way dependent on the existence of specific entities known as “states” or “state militias”—to believe in “collective right” is to believe that the Founders wanted American citizens to have fewer rights than they had prior to gaining independence. The following handful of statements, most of which also appear in one of the designated “quote” categories, emphasize this specific point.
John Adams, 12/4/1770
John Cartwright, 1799
Supreme Court of Georgia, 7/1/1846
Francis Lieber, 1853
“Akin to the last-mentioned guarantee, is that which secures to every citizen the right of possessing and bearing arms. Our constitution says: ‘The right of the people to keep and bear arms shall not be infringed upon;’ and the [English] Bill of Rights secured this right to every Protestant. It extends now to every English subject.”
Lieber was a Professor of History and Political Science at Columbia University who advised the Union in the Civil War and whose writings form the basis of the modern laws of war.
Charles Ingersoll, 1864
“The word ‘right’ means legal moral power. It is so used in the Articles of Constitution, for instance, in the recognition of the right to keep arms. This is a right, not conferred or granted thereby, but recognized as pre-existing and inherent…As is also the case with regard to the other rights, [it] appears to be recognized as personal, not pertaining to the State, but to each individual thereof.”
Ingersoll was the son of US Rep. Charles J. Ingersoll.
US Supreme Court, 10/1875
Sen. Samuel B. Maxey, 4/21/1879
Constitutional Legislation in the United States, 1891
Sen. William E. Chandler (NH), 4/14/1896
“‘Article I. Congress shall make no law respecting an establishment of religion [etc.]’ I ask the Senator from Delaware whether, prior to the adoption of that article, Congress had any right to make a law respecting the establishment of religion [etc.]?
‘Article II. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.’ Does that prove that before Article II was adopted Congress might prevent the people from keeping and bearing arms?
…could all those things have been done if those amendments to the constitution had not been adopted? I answer by saying that they could not have been done and that very few people believed that these clauses were necessary.” (p. 3953, top of 1st col.)
Hon. Stephen Johnson Field, 6/23/1896
“As said by counsel for the appellant: ‘The freedom of thought, of speech, and of the press; the right to bear arms; [etc.]…are, together with exemption from self-crimination, the essential and inseparable features of English liberty.’”
Justice Field was appointed to the US Supreme Court by Pres. Lincoln in large part due to “his staunch support of the Union cause.”
US Supreme Court, 1/25/1897
Laura Donnan, 1900
“As Englishmen [the Founders’] forefathers had forced from the king the right to keep and bear arms, and as Americans they claimed that this right must be secured to them in the organic law of this nation. This clause does not mean that only organized state militia may keep and bear arms, but it means that every citizen may do so. To keep and bear arms means not only to have them, but to have them and to be able to handle them.”
Donnan was a noted educator and civil rights activist.
Corpus Juris, 1934
Hon. William J. Brennan, Jr. and Hon. Thurgood Marshall, 2/28/1990
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