One of the true joys of studying history is coming to understand that no matter how bad we think things are, past generations have faced the same or worse problems. In fact, apart from science, there is very little that hasn’t been seen before.
We are constantly being told that we live in an era of unprecedented polarization and partisanship. This is probably due to the human tendency to give undue importance to our personal experiences.
Recently, I was reading George Washington’s Farewell Address to the People of the United States. It was distributed across the country at the end of his second presidential term. Truly there is nothing new under the sun. His address is very long, and I have reproduced only a portion of it below.
It is written in the style of the 18th century and specifically references the problems of that time. It takes some effort to read, given his tendency toward long and complex sentences. It is worth the effort because its application to the United States today is clear. It requires no comment from me.
“ …….a solicitude for your welfare, which cannot end but with my life, and the apprehension of danger natural to that solicitude, urge me on an occasion like the present to offer to your solemn contemplation, and to recommend to your frequent review, some sentiments which are the result of much reflection, of no inconsiderable observation, and which appear to me all important to the permanency of your felicity as a people….
“…. The unity of government which constitutes you one people is also now dear to you. It is justly so; for it is a main pillar in the edifice of your real independence, the support of your tranquility at home, your peace abroad, of your safety, of your prosperity, of that very liberty which you so highly prize. But as it is easy to foresee that, from different causes and from different quarters, much pains will be taken, many artifices employed, to weaken in your minds the conviction of this truth; as this is the point in your political fortress against which the batteries of internal and external enemies will be most constantly and actively (though often covertly and insidiously) directed, it is of infinite moment that you should properly estimate the immense value of your national Union to your collective and individual happiness;…. discountenancing whatever may suggest even a suspicion that it can in any event be abandoned; and indignantly frowning upon the first dawning of every attempt to alienate any portion of our country from the rest, or to enfeeble the sacred ties which now link together the various parts….
“…. Citizens by birth or choice of a common country, that country has a right to concentrate your affections. The name of American, which belongs to you in your national capacity, must always exalt the just pride of patriotism more than any appellation derived from local discriminations. With slight shades of difference, you have the same religion, manners, habits, and political principles….
“…. These considerations speak a persuasive language to every reflecting and virtuous mind and exhibit the continuance of the Union as a primary object of patriotic desire….
“…. In contemplating the causes which may disturb our Union, it occurs as matter of serious concern that any ground should have been furnished for characterizing parties by geographical discriminations—northern and southern—Atlantic and western; whence designing men may endeavor to excite a belief that there is a real difference of local interests and views. One of the expedients of party to acquire influence within particular districts is to misrepresent the opinions and aims of other districts. You cannot shield yourselves too much against the jealousies and heart burnings which spring from these misrepresentations. They tend to render alien to each other those who ought to be bound together by fraternal affection….
“…. The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the Constitution which at any time exists, until changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government….
“…. All obstructions to the execution of the laws, all combinations and associations under whatever plausible character with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle and of fatal tendency…. to put in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community…. However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion…
“…. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result, gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation on the ruins of public liberty….
:…. It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrections. It opens the door to foreign influence and corruption….”
George Washington
1796
A Well Regulated Militia
By John Turley
On July 4, 2022
In Commentary, History
The Second Amendment
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.
I don’t think there is any subject in American history where so few words have generated so much disagreement. Every time there is a public shooting and the subsequent outcry for stricter gun control, the debate inevitably revolves around the Second Amendment. I won’t reargue the gun control issues. That has been done by others better informed and more eloquent than I.
I am going to talk about something that most people taking part in this argument seldom address, and probably don’t understand. I include myself in that latter category. What exactly is a well regulated militia, particularly in the context of the US Constitution?
We all have a vision of the farmer soldiers at Lexington and Concord standing up to the professional British redcoats. This is an image that has become part of our national identity and the way we think of ourselves as Americans. But from where did it come and how has it evolved?
Militias have been a part of our history since the founding of the first English colonies in North America. When those first brave settlers arrived, there was no army to protect them; they were expected to provide for their own defense.
There usually was not a formal militia structure, there didn’t need to be. The whole community was the militia. The men did the fighting, and the women and children reloaded muskets, carried powder, and tended the wounded. At times, women and children also took a direct part in the fighting which might be taking part on their farms or even in their homes.
As the colonies grew and became more settled, the militia became more structured. Individual colonies passed their own militia laws that specified who was obligated to serve, the condition of service, and the rates of pay. Prominent citizens were appointed militia officers and tasked with organizing and training the citizen soldiers.
On the frontier the militia remained critical to the safety of pioneer families. In the more settled portions of the colonies some militia companies had become little more than social clubs and others had ceased to exist altogether. The majority of those that still functioned had little equipment and even less funding.
While some militia units served admirably, the performance of the majority of the militia in the Revolutionary War was spotty. Few militia units had the training or the equipment necessary to stand up to the professional British Army in a pitched battle and most had terms of service so short, often one to three months, that they never received the necessary training. Many militia units were called into short term service for guard duty, to garrison military camps while Continental Army soldiers were on campaign, and to help subdue civil unrest.
Experience with the regular British Army prior to and during the Revolution left most Americans with a distrust of a professional standing army. Many people believed that their freedoms would best be guarded by a reinvigorated militia; one designed to cure the problems evident during the Revolution. The Militia Act of 1792 was designed to create a well regulated militia.
I’m going to include a brief excerpt from the act to help us understand the relationship between the militia and the Second Amendment.
“Be it enacted…. That each and every free able-bodied white male citizen of the respective States…. shall severally and respectively be enrolled in the militia…..That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself a good musket or firelock, a sufficient bayonet and belt, two spare flints…..”
The relationship of the Second Amendment to a well regulated militia is clear. Not only are citizens required to be a part of the militia, but they are also required to provide their own weapons of war. There is one key difference from our society today; their weapons were the same ones they used to protect their homes and hunt for food.
The 1792 act didn’t solve the shortcomings of the militia. Problems arose with issues of state and federal control, funding, and standardization. During the Mexican-American War, the Civil War and even as late as the Spanish-American War the militia was unable to provide the government with sufficient adequately trained troops. The federal government resorted to the creation of “volunteer” units when it needed to expand the size of the army. These volunteer units were not a part of either the militia or the regular army. The most famous of these was the 1st United States Volunteer Cavalry Regiment, better known as the “Rough Riders.”
These experiences led to the passage of the Militia Act of 1903 that repealed the Militia Acts of 1792 and organized the militia into two groups: the Reserve Militia, which included all able-bodied men between 18 and 45, and the Organized Militia, which included state militia (National Guard) units receiving federal support.
This leads to a question, “Do we still have a militia?” The answer is yes. Most obviously, we have the National Guard, a well regulated militia of citizen soldiers who serve under state control but who can be activated for federal service. Their exemplary service in the 21st century proves that the concept of a well regulated militia is viable when properly supported.
I’m sure it will surprise many people because it surprised me, that we still have state level militias that are independent of any federal affiliation. They serve under state control and cannot be called into federal service. They receive no direct funding or support from the federal government, although occasionally they may receive surplus equipment.
Twenty-two states have authorized state level militias, also known as state guards or state defense forces. They vary in training and function. Many operate only in a search and rescue, or disaster mitigation function such as supporting pandemic relief programs. Only a few states provide weapons training and have a police type mission in times of civil disturbance.
The latter half at the 20th century saw the rise of armed groups that style themselves as militias. They are both left wing and right wing although most tend to be on the far right. The one thing they have in common is a strong antigovernmental bias. They use their self-declared militia status to justify their use of weapons of war. They are among the most vocal proponents of unlimited Second Amendment rights.
But is this what the founders had in mind when they drafted this amendment? I don’t think so. They drafted the Second Amendment with the idea of the citizen soldier who would be defending his country. These groups certainly do not meet the well regulated qualification. They have no ties with any governmental entity and are under no supervision or control. If anything, many of them represent a threat to the government and civil welfare. If they want to keep their deer rifles, shotguns, and pistols, fine, just not weapons of war with no purpose other than killing their fellow citizens.
That is my grumpy opinion. I’m sure some of you will disagree. If you do, please leave comments and we can discuss it. We may never agree but at least we can air the issues.