The Second Amendment Was Ratified to Preserve Slavery

The Real

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Here's yet another take on the 2nd amendment, this time in response to people claiming that gun control laws were historically an arm of anti-Black racism while pro-gun laws were not:


The Second Amendment was Ratified to Preserve Slavery

The real reason the Second Amendment was ratified, and why it says "State" instead of "Country" (the Framers knew the difference - see the 10th Amendment), was to preserve the slave patrol militias in the southern states, which was necessary to get Virginia's vote. Founders Patrick Henry, George Mason, and James Madison were totally clear on that . . . and we all should be too.

In the beginning, there were the militias. In the South, they were also called the "slave patrols," and they were regulated by the states.

In Georgia, for example, a generation before the American Revolution, laws were passed in 1755 and 1757 that required all plantation owners or their male white employees to be members of the Georgia Militia, and for those armed militia members to make monthly inspections of the quarters of all slaves in the state. The law defined which counties had which armed militias and even required armed militia members to keep a keen eye out for slaves who may be planning uprisings.

As Dr. Carl T. Bogus wrote for the University of California Law Review in 1998, "The Georgia statutes required patrols, under the direction of commissioned militia officers, to examine every plantation each month and authorized them to search 'all Negro Houses for offensive Weapons and Ammunition' and to apprehend and give twenty lashes to any slave found outside plantation grounds."

It's the answer to the question raised by the character played by Leonardo DiCaprio in Django Unchained when he asks, "Why don't they just rise up and kill the whites?" If the movie were real, it would have been a purely rhetorical question, because every southerner of the era knew the simple answer: Well regulated militias kept the slaves in chains.

Sally E. Haden, in her book Slave Patrols: Law and Violence in Virginia and the Carolinas, notes that, "Although eligibility for the Militia seemed all-encompassing, not every middle-aged white male Virginian or Carolinian became a slave patroller." There were exemptions so "men in critical professions" like judges, legislators and students could stay at their work. Generally, though, she documents how most southern men between ages 18 and 45 - including physicians and ministers - had to serve on slave patrol in the militia at one time or another in their lives.

And slave rebellions were keeping the slave patrols busy.

By the time the Constitution was ratified, hundreds of substantial slave uprisings had occurred across the South. Blacks outnumbered whites in large areas, and the state militias were used to both prevent and to put down slave uprisings. As Dr. Bogus points out, slavery can only exist in the context of a police state, and the enforcement of that police state was the explicit job of the militias.

If the anti-slavery folks in the North had figured out a way to disband - or even move out of the state - those southern militias, the police state of the South would collapse. And, similarly, if the North were to invite into military service the slaves of the South, then they could be emancipated, which would collapse the institution of slavery, and the southern economic and social systems, altogether.

These two possibilities worried southerners like James Monroe, George Mason (who owned over 300 slaves) and the southern Christian evangelical, Patrick Henry (who opposed slavery on principle, but also opposed freeing slaves).

Their main concern was that Article 1, Section 8 of the newly-proposed Constitution, which gave the federal government the power to raise and supervise a militia, could also allow that federal militia to subsume their state militias and change them from slavery-enforcing institutions into something that could even, one day, free the slaves.

This was not an imagined threat. Famously, 12 years earlier, during the lead-up to the Revolutionary War, Lord Dunsmore offered freedom to slaves who could escape and join his forces. "Liberty to Slaves" was stitched onto their jacket pocket flaps. During the War, British General Henry Clinton extended the practice in 1779. And numerous freed slaves served in General Washington's army.

Thus, southern legislators and plantation owners lived not just in fear of their own slaves rebelling, but also in fear that their slaves could be emancipated through military service.

At the ratifying convention in Virginia in 1788, Henry laid it out:

"Let me here call your attention to that part [Article 1, Section 8 of the proposed Constitution] which gives the Congress power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States. . . .

"By this, sir, you see that their control over our last and best defence is unlimited. If they neglect or refuse to discipline or arm our militia, they will be useless: the states can do neither . . . this power being exclusively given to Congress. The power of appointing officers over men not disciplined or armed is ridiculous; so that this pretended little remains of power left to the states may, at the pleasure of Congress, be rendered nugatory."

George Mason expressed a similar fear:


"The militia may be here destroyed by that method which has been practised in other parts of the world before; that is, by rendering them useless, by disarming them. Under various pretences, Congress may neglect to provide for arming and disciplining the militia; and the state governments cannot do it, for Congress has an exclusive right to arm them [under this proposed Constitution] . . . "

Henry then bluntly laid it out:


"If the country be invaded, a state may go to war, but cannot suppress [slave] insurrections [under this new Constitution]. If there should happen an insurrection of slaves, the country cannot be said to be invaded. They cannot, therefore, suppress it without the interposition of Congress . . . . Congress, and Congress only [under this new Constitution], can call forth the militia."

And why was that such a concern for Patrick Henry?

"In this state," he said, "there are two hundred and thirty-six thousand blacks, and there are many in several other states. But there are few or none in the Northern States. . . . May Congress not say, that every black man must fight? Did we not see a little of this last war? We were not so hard pushed as to make emancipation general; but acts of Assembly passed that every slave who would go to the army should be free."

Patrick Henry was also convinced that the power over the various state militias given the federal government in the new Constitution could be used to strip the slave states of their slave-patrol militias. He knew the majority attitude in the North opposed slavery, and he worried they'd use the Constitution to free the South's slaves (a process then called "Manumission").

The abolitionists would, he was certain, use that power (and, ironically, this is pretty much what Abraham Lincoln ended up doing):


"[T]hey will search that paper [the Constitution], and see if they have power of manumission," said Henry. "And have they not, sir? Have they not power to provide for the general defence and welfare? May they not think that these call for the abolition of slavery? May they not pronounce all slaves free, and will they not be warranted by that power?

"This is no ambiguous implication or logical deduction. The paper speaks to the point: they have the power in clear, unequivocal terms, and will clearly and certainly exercise it."

He added: "This is a local matter, and I can see no propriety in subjecting it to Congress."

James Madison, the "Father of the Constitution" and a slaveholder himself, basically called Patrick Henry paranoid.

"I was struck with surprise," Madison said, "when I heard him express himself alarmed with respect to the emancipation of slaves. . . . There is no power to warrant it, in that paper [the Constitution]. If there be, I know it not."

But the southern fears wouldn't go away.

Patrick Henry even argued that southerner's "property" (slaves) would be lost under the new Constitution, and the resulting slave uprising would be less than peaceful or tranquil:


"In this situation," Henry said to Madison, "I see a great deal of the property of the people of Virginia in jeopardy, and their peace and tranquility gone."

So Madison, who had (at Jefferson's insistence) already begun to prepare proposed amendments to the Constitution, changed his first draft of one that addressed the militia issue to make sure it was unambiguous that the southern states could maintain their slave patrol militias.

His first draft for what became the Second Amendment had said: "The right of the people to keep and bear arms shall not be infringed; a well armed, and well regulated militia being the best security of a free country [emphasis mine]: but no person religiously scrupulous of bearing arms, shall be compelled to render military service in person."

But Henry, Mason and others wanted southern states to preserve their slave-patrol militias independent of the federal government. So Madison changed the word "country" to the word "state," and redrafted the Second Amendment into today's form:


"A well regulated Militia, being necessary to the security of a free State [emphasis mine], the right of the people to keep and bear Arms, shall not be infringed."

Little did Madison realize that one day in the future weapons-manufacturing corporations, newly defined as "persons" by a Supreme Court some have called dysfunctional, would use his slave patrol militia amendment to protect their "right" to manufacture and sell assault weapons used to murder schoolchildren.
 

The Real

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If it's true that the 2nd amendment was passed to allow anti-Black militias to run wild, and it's also true that the first gun control laws were passed to prevent Black people from acquiring guns, then pretty much the entire history of gun laws in this country is not just inseparable from but dependent upon the history of race, which is fascinating to note, as that rarely comes up these days except in the form of selective historical facts about race and guns that are used by either pro or anti-gun advocates.
 

The Real

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The Real, why were the first gun control laws passed to prevent Blacks from acquiring guns?

What was the motive behind that?

I think the motive was what you said- to prevent Black people from acquiring guns. I don't think that is mutually exclusive with the Second Amendment being passed to prevent Black people from acquiring guns/freedom, either. The article above makes a good case with its quotes and historical information. The entire history of gun politics in this country seems to be anti-Black in its intent, and in that way, there is a certain connection, even symmetry, between both the 2nd amendment and those early anti-gun laws.
 

Type Username Here

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I think the motive was what you said- to prevent Black people from acquiring guns. I don't think that is mutually exclusive with the Second Amendment being passed to prevent Black people from acquiring guns/freedom, either. The article above makes a good case with its quotes and historical information. The entire history of gun politics in this country seems to be anti-Black in its intent, and in that way, there is a certain connection, even symmetry, between both the 2nd amendment and those early anti-gun laws.

But the concept of militias, armed population and the inherent right to self defense are all concepts that predate the United States and its dealing with slaves.


Stop dodging the question though: Why would these people makes laws to prevent blacks from being able to acquire these weapons?
 

The Real

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But the concept of militias, armed population and the inherent right to self defense are all concepts that predate the United States and its dealing with slaves.

I don't disagree. That doesn't mean that the 2nd Amendment wasn't created with only white people in mind, though, just as those early concepts of militias, armed populations, and the inherent right to self defense were. You don't think those pre-2nd Amendment concepts were developed to be inclusive of Black people, do you? Almost no conception of rights conceived during the Enlightenment were meant for anyone other than whites.


Stop dodging the question though: Why would these people makes laws to prevent blacks from being able to acquire these weapons?

I'm not sure how I've dodged the question. The laws were made because white people were scared that Black people would acquire guns and use them to achieve freedom... the same reason the 2nd Amendment was passed, according to this article.
 

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The laws were made because white people were scared that Black people would acquire guns and use them to achieve freedom... the same reason the 2nd Amendment was passed.

There were special stipulations inserted to help prevent black ownership. By outlawing cheap firearms and/or adding a "prohibitive tax" to financially discourage/weed out/disqualify recently freed blacks from meeting the price, blacks were disarmed.
 

The Real

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There were special stipulations inserted to help prevent black ownership. By outlawing cheap firearms and/or adding a "prohibitive tax" to financially discourage/weed out/disqualify recently freed blacks from meeting the price, blacks were disarmed.

Those stipulations were more specific, yes, but as the article indicates, the motivation behind the Amendment was anti-Black from the get-go, just as the words "men," "humanity," etc. in law were not inclusive of Black people before additions like the 3/5ths clause that more explicitly expressed the legal status of Black people.
 

newworldafro

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Good article.

Good debate.

By the time the Constitution was ratified, hundreds of substantial slave uprisings had occurred across the South. Blacks outnumbered whites in large areas, and the state militias were used to both prevent and to put down slave uprisings. As Dr. Bogus points out, slavery can only exist in the context of a police state, and the enforcement of that police state was the explicit job of the militias.

First of all :laugh: at that name for a Ph.d. More importantly, the underlined is the same argument being made now, and early 20th century examples back up that sentiment. So the reasoning shown for 2nd Amendment as espoused by this article is the same argument being made now :laugh: ..... maybe its not "Old Negro" spiritual servitude today, but subjugation has been in different forms throughout history...

If the anti-slavery folks in the North had figured out a way to disband - or even move out of the state - those southern militias, the police state of the South would collapse. And, similarly, if the North were to invite into military service the slaves of the South, then they could be emancipated, which would collapse the institution of slavery, and the southern economic and social systems, altogether.

^^ Can somebody explain the bolded, I'm confused. Also, the north did have slavery for quite awhile, so DID THEY NOT have "slave patrols" too??

According to wiki:

Abolitionism - Wikipedia, the free encyclopedia

Abolition in the North
Beginning with Pennsylvania in 1780, most states north of the Ohio River and the Mason-Dixon Line abolished slavery. While Massachusetts did not abolish slavery, its new constitution of 1780 declared the equal rights of men and became the standard against which slavery ceased. Emancipation in some of the free states was so gradual that both New York and Pennsylvania, for example, still listed a few slaves in their 1840 census returns, and a small number of black slaves (18) were held in New Jersey in 1860 as "perpetual apprentices".[35][36]

At the United States Constitutional Convention of 1787, delegates debated over slavery, finally agreeing to protect the international slave trade for 20 years by not regulating it before 1808. By that time, all the states had passed individual laws abolishing or severely limiting the international buying or selling of slaves.[37] Through the Northwest Ordinance of 1787, the Congress of the Confederation prohibited slavery in the territories northwest of the Ohio River. The importation of slaves into the United States was officially banned on 1 January 1808.[38] No action was taken on the nation's internal domestic slave trade.


John Jay (1745–1829), who founded the New York Manumission Society in 1785.The principal organized bodies to advocate this reform were the Pennsylvania Antislavery Society and the New York Manumission Society. The latter was headed by powerful politicians: John Jay, Alexander Hamilton, later Federalists, and Aaron Burr, later the Democratic-Republican Vice-President of the United States. New York did enact a bill in 1799 that ended slavery over time, but made no provision for the rights of freedmen. Free blacks were subject to racial segregation and discrimination in the North.[39]



I've said many times up here and own :hamster: that the framers were amazing hypocrites, since in their mind Natives were savages, blacks were chattel, and women were not equal.....so lets be fair, propertied white men were the only folks they had in mind when putting that BofR and Constitution together. Nonetheless, that elite/exclusive document was nonetheless drenched in concepts of freedom that were not only great for propertied white men, but everybody in the jurisdiction of the U.S. and other countries adopted the same thing.

With that said, this is great information, and I'm always one to take new information and analyze and make adjustments of my understanding of issues. I'll admit the alternative media (mostly white guys, b/se not alot of non-white guys are in that form of media on that level) don't talk about this historical nugget of how this article suggest the 2nd Amendment was formed. Usually, they point out how the militias were formed to stop the British, and were the early forms of National Guards we have today, which are controlled more or less by the state Governors. I'm curious to hear how they would respond to this aspect of the formation of the 2nd Amendment. However, Type Username Here states militias in general pre-date the formation of the U.S. and were used in things like the Whiskey Rebellion, with Natives, against Natives, against the French, Spanish, and Revolutionary War, wikipedia backs that up, but wiki doesn't mention "slave patrols" either as a form of militias .http://en.wikipedia.org/wiki/Militia_(United_States), http://en.wikipedia.org/wiki/Militia .... so I agree its important to know history and then do your own research.

The fact that freed slaves after Emancipation were forbidden from owning guns is food for thought too.

Yet, within the realm of this contemporary debate, what does this information mean.......................................................................................well as I've said, the framers didn't have black people nor women nor Native Americans in mind when they wrote it, but we are still up here exercising those property white owners right to freedom of speech, the 1st Amendment..........if yall feel that the 2nd Amendment should be abolished b/se it was only for propertied white men, then why not just give up the 1st, 4th (pretty much done), the 5th (own its way out), 6th (looking real :flabbynsick:), and so forth.........might as well give up the 1st Amendment and the rest of them since the BoR and Constitution was :mjpls: status from the beginning anyway..... .......... right??? :ohhh:
 

Zapp Brannigan

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But the concept of militias, armed population and the inherent right to self defense are all concepts that predate the United States and its dealing with slaves.


Stop dodging the question though: Why would these people makes laws to prevent blacks from being able to acquire these weapons?

:dwillhuh: Because the people who wrote the law were racist hypocrites?
 

Zapp Brannigan

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I found the answer I was looking for.

Just wanted to hear him say that they feared an armed insurrection by blacks, which is exactly the philosophical idea behind the 2nd Amendment.

Right. I always have a chuckle to myself whenever white conservatives gas on about overthrowing the government when the possibility arose of their freedoms being taken away. If they were so concerned about it to the point of arming themselves for such an occasion, they would have done it back in 2003, when the PATRIOT act first passed, but that's a discussion for another thread, I suppose.
 

Type Username Here

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Right. I always have a chuckle to myself whenever white conservatives gas on about overthrowing the government when the possibility arose of their freedoms being taken away. If they were so concerned about it to the point of arming themselves for such an occasion, they would have done it back in 2003, when the PATRIOT act first passed, but that's a discussion for another thread, I suppose.

Yea, but I was trying to make the point that the philosophical idea is correct.

They feared losing their free labor and oppressive way of life and we saw the same thing happen again during the Civil Rights Movement.

So to me, that shows that there is a legitimacy to the right to bear arms and armed self-defense. People will see it in their own different ways though.
 

The Real

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Yea, but I was trying to make the point that the philosophical idea is correct.

They feared losing their free labor and oppressive way of life and we saw the same thing happen again during the Civil Rights Movement.

So to me, that shows that there is a legitimacy to the right to bear arms and armed self-defense. People will see it in their own different ways though.

I wasn't making any points about the legitimacy of gun control laws in this thead, only contesting the notion that the Second Amendment was introduced to provide mass freedom from the government to all Americans when it was meant to protect paranoid whites from Black freedom. The discussion of the government in the intent of the Second Amendment was only relevant to its writers because the government was trying to enable and impose Black freedom on those whites, not because of some political philosophical concept of dangerous tyranny inherent to government itself. That anti-gov/libertarian interpretation of the Second Amendment is valid, of course... it's just not what it was written for.
 

Type Username Here

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I wasn't making any points about the legitimacy of gun control laws in this thead, only contesting the notion that the Second Amendment was introduced to provide mass freedom from the government to all Americans when it was meant to protect paranoid whites from Black freedom.

Well, the article speculates on that. It ignores other factors outright, especially in the realms of political philosophy and Northern dealings with the British.
 
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