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Adams, Samuel
"The Constitution shall never be construed...to prevent the people of
the United States who are peaceable citizens from keeping their own
arms."
3 William Wells, The Life and Public Services of Samuel Adams, pg 267 (1865)
The quote is accurate, but is an excellent representation of actually reversing the context. Simply, the quote is
- from a list of amendments proposed by Samuel Adams at the Massachusetts ratifying convention that were
- rejected by the convention on Feb 6. /1/
Clearly, a rejected proposal for an amendment to the Constitution is not "evidence" of what the Constitution (little less the Second Amendment, which had not yet not been written in even its original form) meant. But what is clear is that James Madison, did not adopt Adams' formulation for the Second Amendment/2/ and it is the rejection that is far more telling.
Footnotes
2 Elliot's Debates, pg 162:
The Hon. Mr. ADAMS introduced some amendments, to be added to those reported by the committee; but, they not meeting the approbation of those gentlemen whose minds they were intended to ease, after they were debated a considerable time, the honorable gentleman withdrew them.
Madison would have been aware of the thrust of Adams' proposal, as it was appended as a minority recommendation. Pennsylvania also offered one as a minority recommendation. The only state to include such a individual rights interpretation as a recommendation on behalf of the majority was New Hampshire:
Congress shall never disarm any citizen unless such are or have been in Actual Rebellion.
See H Richard Uvillar & William G. Merkel, "The Second Amendment in Context; The case of he Vanishing Predicate," 76 Chi.-Kent L. Rev 403[2000], pg 484, citing Neil H. Cogan, ed., The Complete Bill of Rights: The Drafts, Sources and Origins, 1997
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