The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1875-09-22

our citizens have responded to sudden
calls for aid, and have hurried, with their
arms in hand, to the defense of endan-
uered communities, such as Clinton and
Yazoo City. Some of these citizens may
have previously adopted some sort Of
military organization. Since then, the
Governor Of the State has issued his
reciting that " persons have
formed themselves into military organi-
cations in various parts of the State,
.cithout sanction Of lalc," and he COM
mands all persons belonging to such
to disband forthwith
If understand the Governor, he de-
MES the right of citizens, of their OVID
motion, to arm or organize for any pur-
pose whatever. He thus raises "A ques-
ton the proper decision of which is most
important to the liberties of free people.
The Governor seems to ignore the fact
that the People, by inherent right, con
sttute the militia of the State, and as
such have the right to organize and bear
arms. This great right is recognized, not
granted, in the Constitution of the United
States. Article two, of the Amend
ments, reads thus:
g A well regulated militia being nee
essary to the security of free State, the
right of the people to keep and bear
arms shall not be infringed."
1t recognizes the fact that " THE
PEOPLE" constitute the militia" Of &" II
free State" and it forblds any infringe
ment of their right to keep and to bear
arms; but how can the citizens act as "
militia" at all, unless they are permitted
to cooperate, and how can they do this
without " organization" in some form?
1t is plain, from the nature Of the case,
that the government cannot, by its own
neglect, nor by any prohibition, in any
degree infringe this great inherent right
of free people to keep and bear arms
and to organize as the militia of the
State, and in a proper case to act as such.
This Amendment recognizes not only
the individual right of self defense, but
also the right and duty of citizens to pro.
tect the community. 1t declares this
Natural Militia, entitled Of inherent
right to keep and bear arms to be
f" necessary to the security of free
State"
This principle has been recognized and
applied in perhaps every State of the
Union. Our American States were
planted in woods and wastes, inhabited
by marauding savages, and whenever
the cry of danger or distress was heard,
our hardy frontiersmen rallied to the
rescue. In such, and the like case, our
people have never thought it necessary to
ask permission to rally together for pro-
lection of themselves or their fellow-citi-
srI,f to . l..
should not be exercised ex-
cept on lawful occasions; but the right of
citizens to arm and to organize and, as in
the case of endangered Clinton, their duty
to hasten to the defense of an imperiled
should never be questioned
by an American Executive.
Mr.. Justice Story, commenting on the
provision above quoted, says:
1.-The importance of this article will
scarcely be doubted by any persons who
have duly reflected on the subject. The
militia is the natural defence of a free
country against sudden foreign invasions,
domestic instructions, and domestic
of power by rulers. 4 ~
The right of the citizens to keep and bear
arms has justly been considered as the
palladium of the liberties of republic, !
since it offers a strong moral check against
the usurpation and arbitrary power Of
rulers, and will generally, even if they are
successful in the first instance, enable |
he people to resist and triumph over
hem. Story on the Constitution Section
1897.
How worthless would be such a right, !
md how thin the protection it would |
secure, if the people could not act with
'ut the permit of negligent or usurping
ulers
1t is the right and the duty oft State
o regulate the militia-to provide for
heir organization, &C., but it cannot
1PpreSs the militia, nor in any degree
infringe the right to keep and bear arms,
Tor the right to use them on proper
occasions, in defence of the community.
With regard to the complaint that
military organizations "have been formed
without sanction of law" it is proper
o state further, that by the act approved
feb. %, 1875, known as the Calling Gun
aw, all militia organizations formed
lnder the Code Of 1871, were disbanded,
nd all commissions and appointments
.iven to officers to command or control
UGH militia" were annulled and revoked.
This act is printed with the acts of July
allied session 1875, p. %. BY this act,
he militia of this State, in so far as its
rganizatiOn was dependent on statutes
7as ''disbanded," and all their officers
'ere displaced. Any further organization
ccordlng to statute, was dependent on
he will of the State officials, not one of
1hom, SO far as the public is informed,
as since attempted to organize single
ompany.
The significant result is that, when
arise and endangered com
lunltles call for protection of arms, and
God citizens hasten to the rescue, the
Executive Of the State proclaims that
ley are organized without sanction of
IVY "
This proclamation has been followed bv
n Executive call on the President of the
United States for military aid, upon the
retext that domestic violence prevails
various parts of the State beyond the
over of the State authorities to suppress"
shall not cite the evidence to show how
nfounded this supposition of the
Governor Is now proved to have been
ut l desire to call public attention to
ross abuse that seems 20 have grown out
partisan plans, incident to {" Recon-
ruction." {
1t is true that section four Of article s
'ur of the Federal Constitution uses I
le words " domestic violence, as quoted J
Y the Governor; but those words, by !
ng usage of construction, are limited q
I'd apply only to the " case of AN IN 2
ERECTION in any State, AGAINST THE d
OvERNMENT THEREOF" As early as s
e act of Feb. %, 1895, the power of c
e President to interfere in the affairs Of d
State, at the call OF the Legislature or c
4, Er-oo,nt;r-n AkA CT. d, l