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 Myths and Misquotes: George Mason
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Mason, George
    "I ask, sir, what is the militia? It is the whole people, except for a few public officials."

This one seems to have entered the gun-lobby's list of clipped quotes in support of a universal militia via Sanford Levinson's "The Embarrassing Second Amendment". /1/

The full context from which this is drawn is:

    Mr. GEORGE MASON. Mr. Chairman, a worthy member has asked who are the militia, if they be not the people of this country, and if we are not to be protected from the fate of the Germans, Prussians, &c., by our representation? I ask, Who are the militia? They consist now of the whole people, except a few public officers. But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor; but they may be confined to the lower and middle classes of the people, granting exclusion to the higher classes of the people. If we should ever see that day, the most ignominious punishments and heavy fines may be expected. Under the present government, all ranks of people are subject to militia duty. Under such a full and equal representation as ours, there can be no ignominious punishment inflicted. But under this national, or rather consolidated government, the case will be different. The representation being so small and inadequate, they will have no fellow-feeling for the people. They may discriminate people in their own predicament, and exempt from duty all the officers and lowest creatures of the national government. If there were a more particular definition of their powers, and a clause exempting the militia from martial law except when in actual service, and from fines and punishments of an unusual nature, then we might expect that the militia would be what they are. But, if this be not the case, we cannot say how long all classes of people will be included in the militia. There will not be the same reason to expect it, because the government will be administered by different people. We know what they are now, but know not how soon they may be altered./2/

Reading that within context, it might be clear that Mason was talking about a militia drawn from all classes (and not merely the middle and lower classes). But were it not self-evident, even Mason went on to affirm it:

    Mr. GEORGE NICHOLAS.... The gentleman over the way cannot tell who will be the militia at a future day, and enumerates dangers of select militia. Let me attend to the nature of gentlemen's objections. One objects because there will be select militia; another objects because there will be no select militia; and yet both oppose it on these contradictory principles. If you deny the general government the power of calling out the militia, there must be a recurrence to a standing army. If you are really jealous of your liberties, confide in Congress. . . .

    Mr. MASON rose, and said that he was totally misunderstood. The contrast between his friend's objection and his was improper. His friend had mentioned the propriety of having select militia, like those of Great Britain, who should be more thoroughly exercised than the militia at large could possibly be. But he, himself, had not spoken of a selection of militia, but of the exemption of the highest classes of the people from militia service; which would justify apprehensions of severe and ignominious punishments. /3/

Did Mason have an aversion to a select militia? Hardly. In fact he had proposed one at the Constitutional Convention in Philadelphia./4/

Footnotes

  1. Levinson, Sanford, "The Embarassing Second Amendment", 99 Yale L.J. 637 (1989), at 646-7:
      There is strong evidence that "militia" refers to all of the people, or at least all of those treated as full citizens of the community. Consider, for example, the question asked by George Mason, one of the Virginians who refused to sign the Constitution because of its lack of a Bill of Rights: "Who are the militia? They consist now of the whole people."
       Back

  2. 3 Elliot's Debates, pg 425-426.    Back

  3. op cit, pg 427-428.    Back

  4. 1 Eliot's Debates, pg 440:
      Mr. MASON introduced the subject of regulating the militia. He thought such a power necessary to be given to the general government. He hoped there would be no standing army in time of peace, unless it might be for a few garrisons. The militia ought, therefore, to be the more effectually prepared for the public defence. Thirteen states will never concur in any one system, if the disciplining of the militia be left in their hands. If they will not give up the power over the whole, they probably will over a part, as a select militia. He moved, as an addition to the propositions just referred to the committee of detail, and to be referred in like manner, "a power to regulate the militia."
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©Copyright, 2000, Mike Rosenberg
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