My column two weeks ago took Secretary of State Condoleezza Rice to
task for misinterpreting the Second Amendment right to bear arms. In
retrospect, I realize I owe her an apology. From the bottom of my
heart, I apologize to Secretary Rice – for being too light on her. For
those who missed it, Rice appeared on CNN’s Larry King Live May 11 and
talked about her father and his friends arming themselves against
nightriders in Birmingham, Ala. in 1962 and 1963. She said, “…We have
to be very careful when we start abridging rights that our Founding
Fathers thought very important. And on this one, I think that they
understood that there might be circumstances that people like my father
experienced in Birmingham, Ala., when, in fact, the police weren’t
going to protect you.” I took issue with her. Since then, a
reader has directed me to a fascinating 100-page article in the
University of California-Davis Law Review [Winter 1997] by Carl T.
Bogus titled, “The Hidden History of the Second Amendment.” The Second
Amendment reads: “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.” Bogus, an associate professor at
Roger Williams University Law School, wrote: “The Second Amendment was
not enacted to provide a check on government tyranny; rather, it was
written to assure the Southern states that Congress would not undermine
the slave system by using its newly acquired constitutional authority
over the militia to disarm the state militia and thereby destroy the
South’s principal instrument of slave control.” He explains, “The
Second Amendment’s history has been hidden because neither James
Madison, who was the principal author of the Second Amendment, nor
those he was attempting to outmaneuver politically, laid their motives
on the table.” In 1779, Virginians met in Richmond to decide
whether to ratify the United States constitution. With eight of the
needed nine colonies already on board, all eyes were on Virginia, the
home of Thomas Jefferson, James Madison and Patrick Henry. Whether the
newly-formed union would eradicate slavery was uppermost on their minds. Professor
Bogus writes, “’Slavery was not only an economic and industrial
system,’ one scholar noted, ‘but more than that, it was a gigantic
police system.’ Over time the South developed an elaborate system of
slave control. The basic instrument of control was the slave patrol,
armed groups of white men who made regular rounds. The patrols made
sure that blacks were not wandering where they did not belong,
gathering in groups, or engaging in other suspicious activity. “Equally
important, however, was the demonstration of constant vigilance and
armed force. The basic strategy was to ensure and impress upon the
slaves that whites were armed, watchful, and ready to respond to
insurrectionist activity at all times. The state required white men and
female plantation owners to participate in patrols and to provide their
own arms and equipment, although the rich were permitted to send white
servants in their place.” The article noted, “The Georgia statues
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.” Bogus said it was clear that the Second Amendment was
drafted to protect Southern militias, not broadly allow individuals to
arm themselves. “In the South, therefore, the patrols and the
militia were largely synonymous,” he discovered. “…The militia was the
first and last protection from the omni-present threat of slave
insurrection of vengeance.” When Americans think of militias,
they tend to think of minutemen at Lexington and Concord and “the shot
heard around the world.” Bogus explains, “Some assume the
Founders incorporated the right to bear arms in the Bill of Rights
because an armed citizenry had been important to security in colonial
America and is essential to throwing off the yoke of British
oppression. Much of this is myth.” He concluded, “It cannot be
overemphasized that slavery was the central feature of life in slave
holding states, and that the South depended on arms and the militia
itself against the constant danger of a slave revolt…Southerners had to
be infinitely more concerned about slave control than abstract,
ideological, or contingent beliefs about liberty and guns.” In other words, Condi, they were not interested in arming your father and his Black buddies.
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