Michigan Attorney General MIKE COX Keynote speaker

Second Amendment precedents discovered while writing a history book.

http://www.rescuefinder.0catch.com/2ndAmendment.html

Perennial Practice Makes Perfect Precedent:

The 2nd Amendment was not preceded by a vacuum of 180 years of right-to-bear-arms laws, customs and traditions. Au contraire:

It would appear that the 2nd Amendment put into
writing that which had been practiced for 145 years
by the citizens of old New Netherlands and New York,
and other states as well. One of my ancestors in 1676 had weapons
in Ipswich, Massachusetts, used during the
"New England Indian Wars" as well as 1668 in
a domestic dispute with his father`s weapon, which the
latter had in 1649.

Actually, in fact, this right to bear arms stems
from the Dutch tradition in New York State dating
to 1643,45,46. The English conquerors of
New Netherlands never invalidated these written rights of the
Dutch to bear arms nor confiscated their firearms,
but actually kept them on as a ready-made frontier
militia, [e.g., Saratoga blockhouse 1690`s] as a
buffer against incursions of the French and their
Native American allies. The civilian Dutch were
recorded as having firearms under the English as
late as 1753 just before French began reinforcing
their fortified positions on the New York/Canada
frontier. (My family has been here since 1648.)

This first section primarily focuses on the Dutch
colonial firearm tradition and laws for
New Netherlands which extended from New York City
[New Amsterdam] to the border of Canada and west to
Lake Erie and Lake Ontario.)

Here`s a bite of a Copperhead from Rattlesnake Hill
[Mt. Defiance, Ticonderoga, NY]

Don`t Tread On Me

.
THE DUTCH/ANGLO/AMERICAN PRECEDENT OF THE RIGHT TO BEAR ARMS

Freemen Protect Their Families by Force of Arms
1643 August Dutch-Indian War in New Netherlands...
``On the other hand, the enemy [N.A.`s] is strong and mighty.
They have formed an alliance, one with another, with more than seven different tribes, well supplied with muskets, powder, and ball, which they have procured and daily receive from private traders,
in exchange for beaver, and with which they murder our people. The woods and thickets are now also useful to them, for they have removed all their women, children, and old men into the interior. The rest of the warriors daily menace our lives with fire and sword,
and threaten to attack the fort with all their strength,
now consisting of fifteen hundred men...Our population consists,
for the most part, of women and children. The freemen (not counting
the English) are about two hundred in number, who must protect,
by force of arms, their families, which now lie concealed in straw
huts, around outside the fort.`. Jameson, p.333, 'Representation of
New Netherland'; O`Callaghan, Hist. Of New Netherland, Vol.1, pp.290-291

found in:
http://books.google.com/books?id=q9onAQAAIAAJ&q=%60%60On+the+other+hand,...

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1649:

"New England is divided into four Colonies, which they style Provinces. Each Colony hath its Governor, and neither Patroons, Lords nor Princes are known there ; only^he People. Each Governor is like a Sovereign in his place...; and this is what we have learned from divers of the English respecting New England.

In Military affairs they have also some ffeneralia which we shall pass over with a word or two. All their inhabitants, burghers, farmers, planters and servants bear arms, and thereto each particular place hath its arrangement . They are divided into separate companies, and are commanded by their Majors and-Colonel* who are the Governors. la. case of invasion or other necessity each town knows, according to its strength, the quota either in men or money which it must contribute to the member or members in danger, according to the federation and order agreed upon in the case, among themselves: from this league is excepted only the difference which the Southern English have with the Dutch, in regard to occupation and settlement of boundaries and time may determine ..."

"Documents Relative to the Colonial History of the State of New York"; Procured in Holland,. England and France, 1856, London Documents XXVI, Vol. .--p.267

found in: http://books.google.com/books?pg=PA267&dq=o%60callahan+netherlands&ei=fF...
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The Right To Bear Firearms, Side-arms and Other Weapons For Self-Defence
1644 December 16 `the colonists [Dutch in New Netherland] and servants
should be bound, under certain penalties, to provide themselves with good fire-arms, and other weapons for self-defence...But it should be [in New Netherland] absolutely forbidden, that either the freemen should sell to the Indians, or the licensd traders to the freemen, any arms or munitions of war, on pain of heavy punishment to be inflicted therefor, lest the Indians, being strengthened thereby, may hereafter be encouraged to do us more injury than they can now, in their impotency, inflict.
But it shall be obligatory on the freemen to be provide,
each with a good musket and side-arms for self-defence,
as already mentioned in the 5th point. An inspection thereof
shall be had by the Director every six months.' . O`Callaghan,
'Hist. Of New Netherland', Vol.1, pp.422-423, 'Appendix E, Report and
Advice on the condition of New Netherland, drawn up from documents
and papers placed by the commission of the Assembly of the XIX.,
dated 15 Dec., 1644 in the hands of the General Chambers of Accounts'

found in:
http://books.google.com/books?id=GmtAAAAAcAAJ&pg=PA154&dq=side-arms+for+...
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1645: "The persons hereinafter specified shall be maintained to garrison the fort, on such allowances as shall be found most advantageous for the Company, and for greater security, the colonists and their domestics shall be holden, under certain penalties, to provide themselves with good muskets, and other weapons for their own defence, so as to be able, in time of necessity, with the garrison, to resist a general attack, without the Director, colonists, or whosoever it may be, having the power to take into the pay of the Company any soldiers..."
found in: http://books.google.com/books?dq=o%60callahan%20netherlands&q=arms&pg=PA...

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Arms For Security and Defence
1645 in New Netherland: `Means were to be adopted to induce the colonists to form towns and villages, and to provide themselves
with arms for their security and defence.` O`Callaghan, 'Hist. Of New Netherland', Vol.2, p.18

found in:
http://books.google.com/books?id=BnY9MEaOCLEC&dq=o%60callahan+netherland...

also cf. ibid., p.430 "the town contained 40 men capable of bearing arms"
also cf. ibid., p. 126, 1650: "...thirty guns by the Director`s orders. These were delivered to Commissary Keyser, with directions to sell them to the Dutch colonists, who were unprovided with arms, so as to enable them to defend themselves. This Keyser did"
also cf. ibid., p.521 "Staten Island is a two good (Dutch) miles from the fort (Amssterdam). It
was settled on the south side, out of sight of the fort, by ten or twelve men capable of bearing arms."

also cf. ibid., pp312-316 in year 1657:
"They finally craved arms and ammunition for self-defence, on paying therefor, and that whatever writings may pass between themselves and the government be in English, so that they " may fully and perfectly understand them." Thomas Wheeler, Thomas Newman, and John Lord were Mar.28. selected as magistrates, but the conclusions on the other demands were postponed until the Director and Council should have an opportunity to consult the petitioners. Thus happily terminated a misunderstanding which threatened, at first, a different issue. This settlement was henceforward called " Oostdorp" by the Dutch, and East-town by the English. footnote:" 1 The Jan. 3. Council thereupon sent them twelve muskets; a dozen pounds of powder ; the same quantity of lead; two bundles of matches, and one writing book for the magistrates."
found in: http://books.google.com/books?dq=o%60callahan%20netherlands&printsec=fro...

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Militia 1650

"In this way he is taxed to build and support churches and schools ; to maintain preachers and schoolmasters; to erect public buildings in cities and villages ; to construct and repair all highways and bridges ; to support governors, magistrates, constables, and other officers of justice ; and to pay the several officers of the militia."
found in: http://books.google.com/books?dq=o%60callahan+netherlands&q=arms&pg=PA12...

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Right of Possession & Use of Arms For Their Own Defense, Including Ammunition

1650 in New Netherland: "IV. Whereas their High mightinesses
have learnt that the commonality of New Netherland either were
not obliged to cultivate, or had neglected the possession and
use of arms for their own defence, each of the said inhabitants
shal therefore be bound to provide himself with a good musket,
with powder and lead, necessary thereto, and be enrolled and
formed into a guard, causing the said guns to be stamped and inspected,
and all persons are forbidden to sell his stamped gun, or to deprive
himself or his family thereof." O`Callaghan, 'Hist. Of New Netherland', Vol.2, p.134, ``Provisional Order for the Government, Preservation and Peopling of New Netherland ``
found in:
http://books.google.com/books?id=BnY9MEaOCLEC&dq=o%60callahan+netherland...
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1655

" Considering it wiser to secure one's own house than to aim at the possession of one at a distance, especially as the loss of the first might be caused thereby," the Council at Fort Amsterdam dispatched an express to the South River recalling the Director-general, for bodies of savages continued prowling over the island, firing and burning whatever came in their way. Whilst this terror still prevailed, Stuyvesant returned to the Manhattans, and by his energy and zeal aided much in re-assuring the colonists, Chap. He sent soldiers to the out-settlements, laid an embargo on the vessels then about to sail, and ordered such of the passengers as were able to bear arms not to depart " until it should please God to change the aspect of affairs."1 A plank curtain was thrown up, to prevent the Indians scaling the city walls, to meet the expense of which six thousand three hundred guilders were raised " from the merchants, traders, skippers, factors, passengers and citizens generally."2 No persons, on any account, were to go into the country without permission, nor unless in a number sufficient to ensure their safety..."
ibid, p.293
found at: http://books.google.com/books?dq=o%60callahan+netherlands&q=arms&pg=PA29...

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"At the commencement of Stuyvesant's administration, the number
of persons capable of bearing arms is stated to have been
between two hundred and fifty and three hundred, in and
around the capital.3 Including Rensselaerswyck, this
would give a population of two thousand souls. In 1664,
the number is estimated at " full ten thousand."4 New
of New Amsterdam contained, in 1656, when first surveyed by
dam. Capt. de Koninck, one hundred and twenty houses, and
one thousand souls. The former increased in 1660, when
a map of the capital was made, to over tnree hundred and
fifty,5 whilst the population augmented, in 1664, to fifteen
hundred. Of these, not quite two hundred and fifty were
male adults; the balance, between twelve and thirteen
hundred, consisted of women, and children below eighteen years of age."

found at: http://books.google.com/books?dq=o%60callahan%20netherlands&q=arms&id=Bn...
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Militia 1659

"Nothing could overcome the reluctance of the burghers. " The one disheartened the other; the more violent maintaining that they were obliged to-defend only their own homes, and that no citizen could be forced to jeopardize his life in fighting barbarous savages." Discouraged and almost deprived of hope by this opposition, the Director-general again summoned the city magistrates; he informed them that he had now some forty men, and expected between twenty and thirty Englishmen from the adjoining villages. He, therefore, ordered that the three companies of the city militia be paraded next day in his presence, armed and equipped, in order that one last effort be made to obtain volunteers."

found in: http://books.google.com/books?dq=o%60callahan%20netherlands&q=arms&pg=PA...

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Articles of Capitulation of gthe Dutch to the English 1664

"Book Dr. Samuel Megapolensis, (nominated by the Council;) .^L, Burgomasters Cornells Steenwyck, Oloff Stevensen van 1664. Cortland, and Schepen Cousseau (nominated by the city) Sep. 5. were therefore appointed to meet similar commissioners on the part of the English, and Stuyvesant promised faithfully to ratify whatever these persons should agree to. Sep. 6. The parties met at the Director-general's bouwerie, at eight o'clock on the following morning.1 Though the basis of a treaty was soon settled, considerable difference of opinion existed as to the disposal of the capitulating garrison. The Dutch commissioners insisted that the English should conduct them back to Holland free of expense ; it would be unjust to the West India Company, and cruel to the soldiers, to oblige them to surrender and then refuse them means to return to their native country. Nicolls' deputies refused to accede to this proposal. Finally, Messrs. Steenwyck, Cousseau and Varleth, "fearful that the commissioners would separate without effecting anything," bound themselves to transport to Holland, at their private expense, such of the soldiers and Company's servants as had been engaged in Europe, and would not consent to remain under the English.2 All difficulties having been thus removed, the respective parties concluded the following

ARTICLES OF CAPITULATION.

" I. We consent that the States General, or the West India Company, shall freely injoy all farms and houses (except such as are in the forts) and that within six months, they shall have free liberty to transport all such arms and ammunition, as now does belong to them, or else they shall be paid for them.

" II. All publique houses shall continue for the uses which they are for.

" III. All people shall still continue free denizens, and shall injoy their lands, houses, goods, wheresoever they

New Netherland, the 5th day of September, new stile, 1664." Alb. Rec. xviii.,
322, 323; Book of General Entries, L, 30, 31.
i Book of General Entries, 33. * Alb. Rec. xviii., 325.

are within this country, and dispose of them as they Chap. please. ^v^

'"IV. If any inhabitant have a mind to remove himself, 1664. he shall have a year and six weeks from this day to remove himself, wife, children, servants, goods, and to dispose of his lands here.

" V. If any officer of state, or publique minister of state, have a mind to go for England, they shall be transported fraught free, in his Majesty's frigotts, when these frigotts shall return thither.

" VL It is consented to, that any people may freely come from the Netherlands, and plant in this colony, and that Dutch vessels may freely come hither, and any of the Dutch may freely return home, or send any sort of merchandise home, in vessels of their own country.

" VII. All ships from the Netherlands, or any other place, and goods therein, shall be received here, and sent hence, after the manner which formerly they were before our coming hither, for six months next ensuing.

"VIII. The Dutch here shall injoy the liberty of their consciences in divine worship and church discipline*

" IX. No Dutchman here, or Dutch ship here, shall upon any occasion, be pressed to serve in war against any nation whatsoever.

"X. That the townsmen of the Manhattans shall not have any soldiers quartered upon them, without being satisfied and paid for them by their officers, and that at this present, if the fort be not capable of lodging all the soldiers, then the Burgomasters, by their officers, shall appoint some houses capable to receive them.

"XL The Dutch here shall injoy their own customs concerning their inheritances.

" XII. All publique writings and records, which concern the inheritances of any people, or the reglement of the church or poor, or orphans, shall be carefully kept by those in whose hands now they are, and such writings as particularly concern the States General, may at any time be sent to them.

" XIII. No judgment that has passed any judicature here,
shall be called in question, but if any conceive that he hath ^v^ not had justice done him, if he apply himself to the States 1664. General, the other party shall be bound to answer for the supposed injury.

" XIV. If any Dutch living here shall at any time desire to travaile or traffique into England, or any place, or plantation, in obedience to his Majesty of England, or with the Indians, he shall have (upon his request to the gov* ernor) a certificate that he is a free denizen of this place, and liberty to do so.

" XV. If it do appeax-e, that there is a publique engagement of debt, by the town of the Manhatoes, and away agreed on for the satisfying of that engagement, it is agreed, that the same way proposed shall go on, and that the engagement shall be satisfied.

"XVI. All inferior civil officers and magistrates shall continue as now they are, (if they please,) till the customary time of new elections, and then new ones to be chosen by themselves, provided that such new chosen magistrates shall take the oath of allegiance to his Majesty of England before they enter upon their office.

" XVII. All differences of contracts and bargains made before this day, by any in this country, shall be determined according to the manner of the Dutch.

" XVIII. If it do appeare, that the West India Company of Amsterdam do really owe any sums of money to any persons here, it is agreed that recognition and other duties payable by ships going for the Netherlands, be continued for six months longer.

" XIX. The officers military, and soldiers, shall march out with their arms, drums beating, and colours flying, and lighted matches; and if any of them will plant, they shall have fifty acres of land set out for them; if any of them will serve as servants, they shall continue with all safety, and become free denizens afterwards.

"XX. If, at any time hereafter, the King of Great Britain and the States of the Netherland do agree that this place and country be re-delivered into the hands of the said States, whensoever his Majestie will send his..."

fond in: http://books.google.com/books?dq=o%60callahan+netherlands&q=arms&pg=PA50...
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1664 ". The Chap delegates were now called on for supplies. A force of one hundred and fifty soldiers would require thirty thou-[ 1664]. sand guilders per annum. If this could not be furnished, every third man should take up arms. But this would not be exacted. Every fifth or sixth man would suffice. With these and the present soldiers, the Indian war could be terminated in a year. If these were refused, then the responsibility would not rest on the Director and Council. "

found in: http://books.google.com/books?dq=o%60callahan%20netherlands&q=arms&pg=PA...

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Pre-Constitution Practices

1710 July "...each member of the 1709 expedition to
Canada might keep as his own forever the
Queen`s musket that would be furnished to him."

"On the next day appeared a proclamation from the governor announcing the aforesaid "encouragements," calling on last year's soldiers to enlist again, promising that all should return home as soon as Port Royal was taken, and that each might keep as his own forever the Queen's musket that would be furnished him."
-Parkman, "Half", Vol. I, p.144

found in: http://books.google.com/books?pg=PA150&cd=1&id=M3oZAAAAMAAJ&output=text

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1775 April 19?
Connecticut
do. do.

[431]" And be it further enacted by the authority aforesaid, That each inhabitant so inlisted shall be fuEnished with good fire-arms, and that the fire-arms belonging to this Colony, wherever they are, shall be collected and put into the hands of such inlisted inhabitants as have not arms of their own ; and that each inlisted inhabitant that shall provide arms for himself, well fixed with a good bayonet and cartouch box, shall be paid a preminm of ten shillings ; and in case such arms are lost by inevitable casualty, such inhabitant providing himself as aforesaid shall be allowed and paid the just value of such arms and implements so lost, deducting only said sum of ten shillings allowed as aforesaid: said preminm of ten shillings to be paid as soon as such inhabitant shall provide such arms as aforesaid. That where the aforesaid provision fails, sufficient arms shall be impress'd, compleatly to arm and equip said inhabitants: the said impress to be limited only to the arms belonging to house-holders and other persons not on the militia roll; and in case any householder or other person shall voluntarily furnish any inlisted inhabitant, not able to procure arms for himself, with a good, gun, well fixed with a good bayonet and cartouch box, shall have and receive a preminm of ten shillings, and in case of loss shall receive the value thereof, deducting the said ten shillings as aforesaid ; and also that every person from whom any gun shiill be impress'd, as aforesaid, shall be paid for the use of such gun the sum of four shillings, and in case of loss shall be paid the just value of such gun, deducting the sum of four shillings aforesaid ; and that a particular account be taken of the arms that may be used, and the same be all apprized by indifferent judges; and that if any inlisted inhabitant through negligence shall lose or damage the arms found for him, as aforesaid, such loss or damage shall be deducted out of his wages."
"The public records of the colony of Connecticut [1636-1776",p.418
found in:
http://books.google.com/books?output=text&id=B7w-AAAAYAAJ&dq=to+provide+...
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1775 Col. Prescott grabbed his musket on the way to Bunker Hill. - my family tradition
1775 -6 other of my ancestors had their weapons at hand at Bunker Hill [Breed`s]-family tradition.
1777 July Private Joseph Pulsifer, Company of militia commanded by Lt. Col. David Webster (Plymouth) marched to reinforce garrison at Ticonderoga on Alarm of July 1777, proceded [sic] as far as Cavendish where met troops in retreat from Ticonderoga.” [New Hampshire State Papers, Vol. XIV Revolutionary Rolls Vol.2] 187B

1777 7 other: my 7 ancestors had their own weapons at Battle of Saratoga II.

Post-Constitution Practices
1812 During the War of 1812, settlers [including my gggg-grandfather in Crown Point]
in the Adirondacks asked the New York Militia for help against raiding N.A.’s. They were told to fend
for themselves.
1814 September 4 “700 Militia [from Essex and Clinton [rallied] counties [NY] had assembled at Plattsburgh and were immediately placed on the front line first picket. They attacked the British first across the river, not waiting for the U.S. Army regulars to decide what to do.” . Crockett, p.268 , Crockett, Wm. H., A History of Lake Champlain. Hubart J. Shanley & Co., 1909, “Crown Collection”, New York State Library *

Precedent and Tradition of War Trophies
1865 Custer`s NY 7th Cavalry, Hammond`s Crown Point Co. C .& “Ticonderoga Cavalry”, my g-grandfathers, bought their weapons and Morgan chargers home from Appomatox-
1918 -My g-uncles brought home WWI German and English sniper rifles
1945 My uncles brought home German lugars and U.S. carbines, and were shown off in the 4th of July parades and at the local American Legion Hall exhibits.[accounts published in local newspaper.]
1953 Rifles brought back from Korea by my relatives.
1975 I saw my vet friends and relatives brought home VC/NVA AK-47`s right through San Francisco Airport openly. It was an accepted practice and tradition to bring home war souvenirs unmolested .

Bearing of Arms
1957 As a 14-year old teenager, bought at the local U.S. Army Store, a semi-automatic 20 shot .22 rifle to shoot on the farm. Later, Under NY State law, I carried around the unloaded .22 LR breech open on the back seat window of my 1951 Dodge so troopers could see it.
2009 One can still park his/her shotgun outside a door of a store legally
in Vermont
2010 "The History Channel" broadcast and DVD "WW2 HD" shows WW2 American soldiers
bringing home German pistols, rifles, bayonets, etc. as war trophies

[This does not mention the Mohawk et alii N.A. treaties
with the Dutch, English, and New York (1) prior
to the U.S. Constitution guaranteeing them their right to arms forever.

[1. on the reservation.]

My family has borne arms since 1648, an unbroken
line of weapons on the mantle.\\
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