35. “The Government of Nature Delineated” (1788), in ibid., vol. 2 (microfilm supplement), at 2524.
36. Ibid., vol. 2, at 2526.
37. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 2, at 545.
38. Ibid., vol. 2, at 545–46. For the Virginia source, see Jonathan Elliot ed., The Debates in the Several State Conventions on the Adoption of the Federal Constitution (Philadelphia: J. B. Lippincott, 1836), vol. 3, at 660.
39. Documentary History of the Ratification of the Constitution, vol. 3, at 125.
40. Documentary History of The Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1988), vol. 8, at 43.
41. New Jersey Journal, December 19, 1787, in ibid., vol. 8, at 154–55.
42. Documentary History of the Ratification of the Constitution, vol. 3, at 223.
43. Ibid., vol. 3, at 247.
44. Documentary History of the Ratification of the Constitution, vol. 3, at 389.
45. Ibid.
46. Ibid., vol. 3, at 489–90.
47. Documentary History of the First Federal Elections, 1788–1790, Gordon DenBoer ed. (Madison: University of Wisconsin Press, 1984), vol. 2, at 13.
48. Documentary History of the Ratification of the Constitution, John P. Kaminski and Gas pare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1997), vol. 4, at 90.
49. Ibid., vol. 4, at 90–91.
50. Documentary History of the Ratification of the Constitution, John P. Kaminski and Gas pare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1998), vol. 5, at 1035.
51. Ibid., vol. 4, at 353.
52. The Freeman’s Journal (Philadelphia), January 16, 1788, in The Antifederalist Papers, Morton Borden ed. (Ann Arbor: Michigan State University, 1965), 75.
53. Ibid.
54. Documentary History of the Ratification of the Constitution, vol. 4, at 392, 395.
55. Ibid., vol. 5, at 514.
56. Documentary History of the Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 2000), vol. 6, at 1310.
57. Ibid., vol. 6, at 1311.
58. Ibid., vol. 6, at 1315. Also in Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 2, at 78.
59. Ibid., vol. 6, at 1316–17. Also in Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 2, at 80.
60. Ibid., vol. 6, at 1331–32.
61. Ibid., vol. 6, at 1322–23. Also in Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 2, at 87.
62. Ibid., vol. 6, at 1328. Also in Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 2, at 93.
63. Ibid., vol. 6, at 1328. Also in Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 2, at 94.
64. Ibid., vol. 6, at 1337. Also in Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 2, at 97.
65. Massachusetts Gazette, January 25, 1788, in Documentary History of the Ratification of the Constitution, vol. 5, at 804.
66. Ibid., vol. 6, at 1381.
67. Ibid., vol. 6, at 1384–85.
68. Ibid., vol. 6, at 1395.
69. Ibid., vol. 6, at 1397.
70. Ibid.
71. Ibid., vol. 6, at 1399–1400.
72. Ibid., vol. 6, at 1400.
73. Ibid., vol. 6, at 1450.
74. Ibid.
75. Ibid., vol. 6, at 1450–51.
76. Massachusetts Gazette, February 5, 1788, in Documentary History of the Ratification of the Constitution, vol. 5, at 865–66.
77. Documentary History of the Ratification of the Constitution, vol. 6, at 1453.
78. Ibid., vol. 6, at 1454.
79. Ibid., vol. 6, at 1490.
80. Documentary History of the Ratification of the Constitution, John P. Kaminski and Gas pare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 2001), vol. 7, at 1583–84.
81. Ibid.
82. Ibid., vol. 6, at 1461–62.
83. Ibid., vol. 6, at 1469.
84. Massachusetts Gazette, February 8, 1788, in ibid., vol. 7, at 1612.
85. Ibid., vol. 7, at 1612 n.2.
86. Documentary History of the Ratification of the Constitution, vol. 7, at 1597.
87. Ibid.
88. Ibid., vol. 7, at 1598.
89. Creating the Bill of Rights: The Documentary Record from the First Federal Congress, Helen E. Veit et al. eds. (Balcimore: Johns Hopkins University Press, 1991), 241.
90. Independent Chronicle, August 6, 1789, in Documentary History of the Ratification of the Constitution, vol. 6, at 1453. Also in “From the Boston Independent Chronicle,” Independent Gazetteer, August 20, 1789, at 2, col. 2.
91. Jonathan Elliot ed., The Debates in the Several State Conventions on the Adoption of the Federal Constitution (Philadelphia: J. B. Lippincott, 1836), vol. 1, at 372.
92. Ibid., vol. 1, at 382.
93. Ibid., vol. 1, at 324.
94. William Paca, Samuel Chase, and Robert Goldsborough. Ibid., vol. 2, at 549.
95. Ibid., vol. 2, at 550.
96. Ibid., vol. 2, at 552.
97. Ibid., vol. 2, at 553.
98. Ibid., vol. 2, at 555. On the above proceedings, see also Documentary History of the Ratification of the Constitution, vol. 17, at 241–46.
99. Jonathan Elliot ed., The Debates in the Several State Conventions on the Adoption of the Federal Constitution (Philadelphia: J. B. Lippincott, 1836), vol. 4, at 313.
100. Ibid., vol. 4, at 315.
101. Ibid., vol. 4, at 316.
102. Ibid.
103. Ibid., vol. 4, at 319.
104. Ibid., vol. 4, at 320.
105. Ibid., vol. 4, at 337.
106. Ibid., vol. 4, at 338.
107. Ibid., vol. 4, at 341.
108. Documentary History of the Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1986), vol. 16, at 179.
109. Besides Sullivan, the federalists on the committee included John Langdon, Bartlett (Josiah or Thomas), Benjamin Bellows, Samuel Livermore, Benjamin West, Francis Worcester, and John Pickering. Antifederalists were Atherton, Joseph Badger, Thomas Dow, Smith (Ebenezer or Jonathan), Abel Parker, William Hooper, and Charles Barrett. Ibid., vol. 16, at 79. See also Joseph B. Walker, A History of the New Hampshire Convention (Boston: Cupples & Hurd, 1888), 40.
110. Documentary History of the Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1995), vol. 18, at 187.
111. Ibid., vol. 18, at 188; Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 1, at 326. “The right to bear arms, going back to the English Bill of Rights, received recognition in the Second Amendment to the Constitution. . . . Counting this article, seven out of twelve of New Hampshire’s proposals were ultimately accepted.” Edward Dumbauld, The Bill of Rights and What It Means Today (Norman: University of Oklahoma Press, 1957), 21 n.37.
112. New-Hampshire Mercury (Portsmouth), September 27, 1786, reprinted as “An account of the insurrection in New-Hampshire in 1786,” Collections of the New Hampshire Historical Society (Concord: Jacob B. Moore, 1832), vol. 2, 117.
113. Cf. Paul Finkelman, “A Well Regulated Militia”: The Second Amendment in Historical Perspective, 195, 229 (arguing that “Congress shall never disarm any Citizen” actually meant that “Congress cannot disarm the militias”).
114. Walker, A History of the New Hampshire Convention, 40.
115. Ibid., 41.
116. Ibid., 42.
117. “Remarks,”
No. II, Federal Gazette (Philadelphia), October 24, 1788.
118. No. IV, Fayetteville Gazette (North Carolina), October 12, 1789, at 1, cols. 2–3 and 2, cols. 1–2.
119. No. VIII, Federal Gazette, November 14, 1788.
120. Ibid.
121. No. XI, Federal Gazette, November 28, 1788.
122. Ibid.
123. No. XII, ibid., December 2, 1788, and No. XXVIII, ibid., February 16, 1789.
124. Documentary History of the First Federal Elections, Merrill Jensen and Robert A. Becker eds. (Madison: University of Wisconsin, 1976), vol. 1, at 839–40. However, the federalists too supported an armed population. The New Hampshire Spy, March 10, 1789, reported that the state was “engaged in organising her militia, which is by far the best disciplined in the United States.” Ibid., vol. 1, at 840.
CHAPTER 10
1. The Documentary History of the Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1988), vol. 8, at 401–2.
2. Winchester Gazette (Virginia), February 22, 1788, in ibid., vol. 8, at 404.
3. Ibid.
4. Ibid., vol. 8, at 404–5.
5. The Documentary History of the Ratification of the Constitution, vol. 8, at 250–51.
6. Spencer to Madison, letter dated February 28, 1788, ibid., vol. 8, at 425.
7. Ibid., vol. 8, at 427 n.4.
8. A Native of Virginia: Observations upon the Proposed Plan of Federal Government, 2 April 1788, in The Documentary History of the Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1990), vol. 9, at 658.
9. Ibid., vol. 9, at 714.
10. Ibid., vol. 9, at 773–74.
11. Ibid., vol. 9, at 859.
12. Ibid., vol. 9, at 883.
13. Ibid., vol. 9, at 878–79.
14. Jonathan Elliot ed., The Debates in the Several State Conventions on the Adoption of the Federal Constitution (Philadelphia: J. B. Lippincott, 1836), vol. 3, at 37.
15. Ibid., vol. 3, at 45.
16. Ibid., vol. 3, at 51.
17. Ibid., vol. 3, at 51–52.
18. Ibid., vol. 3, at 52 (quoting U.S. Constitution, Art. 1, § 8, cl. 16).
19. Ibid., vol. 3, at 76–77; The Documentary History of the Ratification of the Constitution, vol. 9, at 981.
20. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 90.
21. Ibid., vol. 3, at 112.
22. Ibid., vol. 3, at 137; The Documentary History of the Ratification of the Constitution (Madison: State Historical Society of Wisconsin, 1990), vol. 9, at 1036.
23. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 149.
24. Ibid., vol. 3, at 150; The Documentary History of the Ratification of the Constitution, vol. 9, at 1046–47.
25. The Documentary History of The Ratification of the Constitution, vol. 9, at 817.
26. Ibid., vol. 9, at 819.
27. Ibid., vol. 9, at 821.
28. Frank Monaghan, Heritage of Freedom: The History & Significance of the Basic Documents of American Liberty (Princeton, N.J.: Princeton University Press, 1947), 58.
29. The Documentary History of the Ratification of the Constitution, vol. 9, at 821.
30. Ibid., vol. 9, at 823.
31. U.S. Constitution, Art. I, § 8, cl. 17.
32. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 168–69 (referring to Art. 1, § 8, cl. 17); The Documentary History of the Ratification of the Constitution, vol. 9, at 1065.
33. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 169 {referring to Art. 1, § 8, cl. 18); The Documentary History of the Ratification of the Constitution, vol. 9, at 1066.
34. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 171; The Documentary History of the Ratification of the Constitution, vol. 9, at 1068.
35. See Ch. 5 of this work and Henry Lee, Memoirs of the War in the Southern Department of the United States (New York: University Publishing Co., 1869).
36. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 178; The Documentary History of the Ratification of the Constitution, vol. 9, at 1074.
37. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 191; The Documentary History of the Ratification of the Constitution, vol. 9, at 1085.
38. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 246–47; The Documentary History of the Ratification of the Constitution, vol. 9, at 1135–36.
39. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 206.
40. Virginia Independent Chronicle, June 11, 1788, in The Documentary History of the Ratification of the Constitution, John P. Kaminski and Gas pare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1993), vol. 10, at 1604.
41. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 379.
42. Ibid., vol. 3, at 380.
43. Ibid.
44. Sir William Keith, A Collection of Papers and Other Tracts (London: J. Mechell, 1740), 180.
45. Ibid., 170.
46. Ibid., 175.
47. Sir William Keith, Two Papers on the Subject of Taxing the British Colonies in America (London: J. Almon, 1767), 9.
48. Ibid., 8.
49. Ellior ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 381.
50. Ibid., vol. 3, at 386.
51. Ibid., vol. 3, at 391.
52. Ibid., vol. 3, at 418.
53. Ibid., vol. 3, at 419–20.
54. Ibid., vol. 3, at 421.
55. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 425–26.
56. Ibid., vol. 3, at 428.
57. Ibid., vol. 3, at 430.
58. Ibid., vol. 3, at 440.
59. U.S. Constimtion, An. IV, § 4.
60. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 441; The Documentary History of the Ratification of the Constitution, vol. 10, at 1325.
61. James Madison to Ambrose Madison, June 24, 1788, in The Papers of James Madison, Roben Rudand et al. eds. (Charlonesville: University of Virginia Press, 1977), vol. 11, at 170.
62. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 587.
63. Ibid., vol. 3, at 653.
64. Ibid., vol. 3, at 587.
65. Ibid., vol. 3, at 588; The Documentary History of the Ratification of the Constitution, vol. 10, at 1475–9.
66. Ellior ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 593.
67. Ibid.
68. Ibid., vol. 3, at 594; The Documentary History of the Ratification of the Constitution, vol. 10, at 1475–9.
69. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 600.
70. Ibid., vol. 3, at 659.
71. Ibid., vol. 3, at 660.
72. Ibid., vol. 3, at 602.
73. Ibid., vol. 3, at 610.
74. Ibid., vol. 3, at 618.
75. Ibid., vol. 3, at 620.
76. Ibid., vol. 3, at 625.
77. Ibid., vol. 3, at 626–27.
78. Ibid., vol. 3, at 627.
79. Ibid., vol. 3, at 628.
80. Ibid., vol. 3, at 629–30.
81. Ibid., vol. 3, at 630.
82. Ibid., vol. 3, at 646.
83. Ibid., vol. 3, at 647–48.
84. Ibid., vol. 3, at 650.
85. Ibid., vol. 3, at 653.
86. Ibid.
87. Ibid., vol. 3, at 653–54.
88. Ibid., vol. 3, at 656.
89. Ibid.
90. Ibid., vol. 3, at 657.
91. Ibid., vol. 3, at 658–59.
92. The Papers of George Mason, Robert A. Rutland ed. (Chapel Hill: University of North Carolina Press, 1970), vol. 3, at 1068–71.
93. The Documentary History of the Ratification of the Constitution, vol. 9, at 821.
94. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 659.
95. Ibid.
96. Ibid., vol. 3, at 660.
97. This proposal and its ultimate failure is not mentioned by supporters of the view that the Second Amendment only protects essentially what this proposal embodied. E.g., Finkelman, “A Well Regulated Militia”: The Second Amendment in Historical Perspective, 76 Chi.–Kent. L. Rev. 195, 201 (2000).
98. The Documentary History of the Ratification of the Constitution, vol. 9, at 821–23.
99. Ibid., vol. 10, at 1336.
100. Elliot ed., Debates in the Several State Conventions on the Adoption of the Federal Constitution, vol. 3, at 661–62.
CHAPTER 11
1. Documentary History of the Ratification of the Constitution, John P. Kaminski et al. eds. (Madison: Wisconsin Historical Society Press, 2003), vol. 19, at 157.
2. “From the Wilmington Centinel, To the People of North Carolina,” New York Journal and Daily Patriotic Register, April 21, 1788, at 2, col. 2. This is the same newspaper as was previously called the New York Journal and Daily Advertiser.
3. The Documentary History of the Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1984), vol. 15, at 319.
4. The Antifederalist Papers, Morton Borden ed. (Ann Arbor: Michigan State University, 1965), 75.
5. The Documentary History of the Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1990), vol. 9, at 813.
6. Ibid., vol. 9, at 825.
7. Jonathan Elliot ed., The Debates in the Several State Conventions on the Adoption of the Federal Comtitution (Philadelphia: J. B. Lippincott, 1836), vol. 2, at 214.
8. The Documentary History of the Ratification of the Constitution, John P. Kaminski and Gaspare J. Saladino eds. (Madison: State Historical Society of Wisconsin, 1993), vol. 10, at 1510 n.28.
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