In a recent column I 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.
George E. Curry is editor-in-chief of the NNPA
News Service and BlackPressUSA.com. He appears on National Public
Radio (NPR) three times a week as part of “News and Notes with Ed
Gordon.” In addition, his radio commentary is syndicated each week
by Capitol Radio News Service (301/588-1993). To contact Curry or
to book him for a speaking engagement, go to his Web site, www.georgecurry.com. |