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.