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Legislative history of Militia Act of 1792
Posted by David Hardy · 5 August 2005 06:20 PM
Posted by David Hardy · 5 August 2005 06:20 PM
The Militia Act of 1792 (in effect until 1903) required essentially every male of military age to own a musket or rifle and ammunition.
I recently found some of its legislative history (beginning in 1790) and it is interesting. Major themes were (1) what to do about people too poor to own a gun? (2) If we have the federal government just give issue them guns, wouldn't that let the federal government disarm them at a later date? (3) Various States let Quakers out of militia service if they pay a fee. Should we let them off the fee, or would that be a benefit to one religion (they neither serve nor pay), and how do we make up the lost revenue? Here's a few samples (From 2 Jos. Gales, Debates and Proceedings in the Congress of the US (1834) p. 1851 ff:
Mr. Parker observed ... it must be well known that there are many persons who are so poor that that it is impossible they should comply with the law. He conceived, therefore, that provision should be made for arming such persons at the expense of the United States....
Mr. Fitzsimmons [objected to a provision requiring drill 4-5 times annually] As far as the whole body of the people are necessary to the general defense, they ought to be armed, but the law ought not to require more than is necessary; for that would be a just cause of complaint.
Mr. Jackson said, that he was of the opinion that the people of America would never consent to be deprived of the privilege of bearing arms. Though it may prove burdensome to some individuals to be obliged to arm themselves, yet it would not be so considered when the advantages are justly considered. Original institutions of this nature are highly important. The Swiss Cantons owed their emancipation to their militia establishment....
Mr. Parker said, that in Virginia there is a law, which provides that poor persons, not able to arm themselves, should be equipped at the expense of the State. In every State there are doubtless many persons, who ought to be provided for by the General Government; and if they are not the law is rendered impractical....
Mr. Sherman said, ... There are so few freemen in the United States who are not able to provide themselves with arms and acoutrements, that any provision on the part of the United States is unnecessary and improper.
Mr. Vining ... asked by what means minors were to provide themselves with the requisite articles? Many of them are apprentices. If you put arms into their hands, they will make good soldiers, but how are they to procure them?....
Mr. Wordsworth ... asked the gentlemen who favorered the motion what was the extent of their wishes? The motion appeared at first to be in favor of poor men, who are unable to purchase a firelock; but now it seems minors and apprentices are to be provided for. Is there a man in this House who would wish to see so large a portion of the community, perhaps one-third, armed by the United States, and liable to be disarmed by them? Nothing would tend more to excite suspicion and arouse a jealousy dangerous to the Union.
[Motion to amend act to change "provide himself" with arms to "shall be provided." Objection that it would "leave it optional with the States, or individuals, whether the militia should be armed or not. The motion was lost by a great majority."]
[Motion to strike section requiring conscientious objects to pay a penalty]
Mr. Burke ... This, he said, was called the land of liberty ... and yet we are going to make a respectable class of citizens pay for aright to a free exercise of their religious principles...
Mr. Wilkinson [asks] ... but who are the militia? Such men, he presumes, as are declared to be so by the laws of the particular States, and on this principle he was led to suppose that the militia ought to consist of the whole body of citizens without exception ... he did not anticipate an abuse in the power of exemption on the part of the States....
Mr. Burke [proposes exempting Quakers, those religiously scrupulous, stage-drivers, and teachers] "but their pupils, the students in colleges and seminaries of learning, should not be exempt; youth is the proper time to acquire military knowledge."
Mr. Jackson ... averted to the exemption of Quakers provided in the bill. He said that the operation of this privilege would make the whole community Quakers ... He enlarged upon the obligations which every man owes to society to afford his personal services to assist and defend the community; protection and service are reciprocal. Those who are exempted ought to pay a full equivalent on every principle of justice and equity...."
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