The Founders' Second Amendment by Stephen P. Halbrook

Author:Stephen P. Halbrook [Halbrook, Stephen P.]
Language: eng
Format: epub, mobi
ISBN: 9781615780143
Publisher: Ivan R. Dee
Published: 0101-01-01T00:00:00+00:00

Theodore Sedgwick queried whether “an army could be raised for the purpose of enslaving themselves and their brethren? Or, if raised, whether they could subdue a nation of freemen, who know how to prize liberty; and who have arms in their hands?”64 Similarly, outside the convention hall “The Yeomanry of Massachusetts” argued in the Massachusetts Gazette that should those who come to power attempt “to deprive the people of their liberties,” then “the people may, and will rise to arms and prevent it. . . .”65

Meanwhile, Governor John Hancock proposed amendments to the Constitution, although none concerned substantive rights. Its first article was the declaration “that all powers not expressly delegated to Congress, are reserved to the several States, to be by them exercised.”66 Various structural amendments, along with the right to trial by jury in civil cases, followed. The convention would ultimately recommend passage of these amendments.

Anxious to open the door to guarantees of substantive rights, Samuel Adams suggested that conditional amendments now would be better than relying on uncertain amendments in the future and moved the passage of the Hancock proposals.67 Adams called Hancock’s above first article as “a summary of a bill of rights.”68 But Adams was only getting warmed up for his declaration of individual rights.

Samuel Nasson then picked up the gauntlet, making “a short apostrophe to Liberty. . . . I cannot, sir, see this brightest of jewels tarnished—a jewel worth ten thousand worlds; and shall we part with it so soon?”69 Among other defects, “let us consider the Constitution without a bill of rights. When I give up any of my natural rights, it is for the security of the rest; but here is not one right secured, although many are neglected.”70

Nasson recalled the Boston Massacre, warning that standing armies “are too frequently used for no other purpose than dragooning the people into slavery. . . .” He continued:

What occasion have we for standing armies? We fear no foe. If one should come upon us, we have a militia, which is our bulwark. Let Lexington witness that we have the means of defence among ourselves. If, during the last winter, there was not much alacrity shown by the militia in turning out, we must consider that they were going to fight their countrymen.71

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