Maggie_T
03-09-2001, 02:33 PM
WarLady1
Owner/Op/Moderator
posts: 913
(1/28/01 4:55:27 pm)
Reply
Tench Coxe and the Right to Keep and Bear Arms
--------------------------------------------------------------------------------
i2i.org/SuptDocs/Crime/hk-coxe.htm
Tench Coxe and the Right to Keep and Bear Arms, 1787-1823
By Stephen P. Halbrook[a1]
and David B. Kopel [aa1]
Copyright © 1999 by the Publications Council of the College of William &
Mary; Stephen P. Halbrook and David B. Kopel
*347
Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary for self-defense and hunting, as well as for militia purposes and protection against oppression by large standing armies.
The views of this important Founding Era political commentator and public servant inform the ongoing Second Amendment debate. The authors argue that Coxe's depiction of an individual right to bear arms encompassing hunting, self-defense, and the public militia power supports the "Standard Model" of the Second Amendment prevalent in the legal literature.
***
INTRODUCTION .................................................. ............ 348
I. "TO KEEP AND BEAR THEIR PRIVATE ARMS": THE ADOPTION OF THE CONSTITUTION
AND THE BILL OF RIGHTS .................................................. 353
A. Who Was Tench Coxe? ............................................... 353
B. Before the Constitutional Convention .............................. 357
C. Defending the Proposed Constitution ............................... 359
D. The Bill of Rights ................................................ 366
II. COXE'S SERVICE IN THE WASHINGTON AND ADAMS ADMINISTRATIONS AND THE
ELECTION OF 1800 .................................................. ...... 368
III. ARMING THE MILITIA: COXE IN THE JEFFERSON AND MADISON ADMINISTRATIONS 374
A. Coxe's Concept of Federal Arms Policy for the Militia ............. 376
B. Coxe's Role in Arming the Militias ................................ 379
C. The Quality Controversy ........................................... 383
D. Coxe's Examination of the State of the American Firearms Industry . 387
IV. FIREARMS, GAME LAWS, AND MONARCHY ..................................... 389
CONCLUSION .................................................. .............. 398
What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? --Thomas Jefferson (Memo to Ted Kennedy)
YukonJak
New Member
posts: 12
(1/29/01 2:36:04 pm)
Reply Re: Tench Coxe and the Right to Keep and Bear Arms
--------------------------------------------------------------------------------
Here are a few quotes from Tench Coxe. I think his position on the right to keep and bear arms is clear.
The power of the sword is in the hands of Congress? My friends and countrymen, it is not so; for the powers of the sword are in the hands of the yeomanry of America from sixteen to sixty. The Militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the Militia? They are not ourselves as politicians and lawmakers. They are those who have elected us into our positions and entrusted us with the power of preserving and carrying out their wishes. Congress has no power to disarm the Militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American. The unlimited power of the sword is not in the hands of either the Federal or State governments, but, where I trust in God it will ever remain, in the hands of the people.
Tench Coxe
Newspaper Article in support of the Constitution, 1787
...as the military forces which must be occasionally raised...might pervert their power to injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.
Tench Coxe
Editorial on the Second Amendment Philadelphia Federal Gazette, 1789
As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize... the people are confirmed by the article in their right to keep and bear their private arms.
Tench Coxe
Editorial on the Second Amendment, Philadelphia Federal Gazette, June 18, 1788
Firearms are second only to the Constitution in importance; they are the people's liberty teeth. George Washington, First President
Owner/Op/Moderator
posts: 913
(1/28/01 4:55:27 pm)
Reply
Tench Coxe and the Right to Keep and Bear Arms
--------------------------------------------------------------------------------
i2i.org/SuptDocs/Crime/hk-coxe.htm
Tench Coxe and the Right to Keep and Bear Arms, 1787-1823
By Stephen P. Halbrook[a1]
and David B. Kopel [aa1]
Copyright © 1999 by the Publications Council of the College of William &
Mary; Stephen P. Halbrook and David B. Kopel
*347
Tench Coxe, a member of the second rank of this nation's Founders and a leading proponent of the Constitution and the Bill of Rights, wrote prolifically about the right to keep and bear arms. In this Article, the authors trace Coxe's story, from his early writings in support of the Constitution, through his years of public service, to his political writings in opposition to the presidential campaigns of John Adams and John Quincy Adams. The authors note that Coxe described the Second Amendment as guaranteeing an individual right, and believed that an individual right to bear arms was necessary for self-defense and hunting, as well as for militia purposes and protection against oppression by large standing armies.
The views of this important Founding Era political commentator and public servant inform the ongoing Second Amendment debate. The authors argue that Coxe's depiction of an individual right to bear arms encompassing hunting, self-defense, and the public militia power supports the "Standard Model" of the Second Amendment prevalent in the legal literature.
***
INTRODUCTION .................................................. ............ 348
I. "TO KEEP AND BEAR THEIR PRIVATE ARMS": THE ADOPTION OF THE CONSTITUTION
AND THE BILL OF RIGHTS .................................................. 353
A. Who Was Tench Coxe? ............................................... 353
B. Before the Constitutional Convention .............................. 357
C. Defending the Proposed Constitution ............................... 359
D. The Bill of Rights ................................................ 366
II. COXE'S SERVICE IN THE WASHINGTON AND ADAMS ADMINISTRATIONS AND THE
ELECTION OF 1800 .................................................. ...... 368
III. ARMING THE MILITIA: COXE IN THE JEFFERSON AND MADISON ADMINISTRATIONS 374
A. Coxe's Concept of Federal Arms Policy for the Militia ............. 376
B. Coxe's Role in Arming the Militias ................................ 379
C. The Quality Controversy ........................................... 383
D. Coxe's Examination of the State of the American Firearms Industry . 387
IV. FIREARMS, GAME LAWS, AND MONARCHY ..................................... 389
CONCLUSION .................................................. .............. 398
What country can preserve its liberties if its rulers are not warned from time to time that their people preserve the spirit of resistance? --Thomas Jefferson (Memo to Ted Kennedy)
YukonJak
New Member
posts: 12
(1/29/01 2:36:04 pm)
Reply Re: Tench Coxe and the Right to Keep and Bear Arms
--------------------------------------------------------------------------------
Here are a few quotes from Tench Coxe. I think his position on the right to keep and bear arms is clear.
The power of the sword is in the hands of Congress? My friends and countrymen, it is not so; for the powers of the sword are in the hands of the yeomanry of America from sixteen to sixty. The Militia of these free commonwealths, entitled and accustomed to their arms, when compared with any possible army, must be tremendous and irresistible. Who are the Militia? They are not ourselves as politicians and lawmakers. They are those who have elected us into our positions and entrusted us with the power of preserving and carrying out their wishes. Congress has no power to disarm the Militia. Their swords, and every other terrible implement of the soldier, are the birth-right of an American. The unlimited power of the sword is not in the hands of either the Federal or State governments, but, where I trust in God it will ever remain, in the hands of the people.
Tench Coxe
Newspaper Article in support of the Constitution, 1787
...as the military forces which must be occasionally raised...might pervert their power to injury of their fellow citizens, the people are confirmed by the article in their right to keep and bear their private arms.
Tench Coxe
Editorial on the Second Amendment Philadelphia Federal Gazette, 1789
As civil rulers, not having their duty to the people duly before them, may attempt to tyrannize... the people are confirmed by the article in their right to keep and bear their private arms.
Tench Coxe
Editorial on the Second Amendment, Philadelphia Federal Gazette, June 18, 1788
Firearms are second only to the Constitution in importance; they are the people's liberty teeth. George Washington, First President