Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1881-09-22
The Right to Bear Arms.
BY THOMAS CALLAHAN.

1ne question OF the TlgnC 10 Dear
arms is a question to be discussed by
men, and not by snsaU boys, no matter
how old they may be. 1t is question
of solid law ahd hard fact; and it is one
of the best evidences of real advance
ment in a community, when it lays a
heavy hand on all perversions and
abuses of the right. And it Is the duty
of every good citizen not only to obey
the laws himself, but also to aid the Of
ficers in executing the laws; and to pro-
vide that i'm the execution of the laws,
no steps will be taken by any officer
that must be taken back or reversed
by any higher authority; because the
assumption of unwarrantable powers
under any law, is very ready way to
bring the law in contempt.
A very brief and clear recapitulation
of the law and facts i'm this case will be
all sufficient for the purpose, and all the
rest of the field can be left for declama-
ton by those who choose to indulge in
such amusements.
The Constitution of the United States
is the basis of our statute-boOk of peace.
But when war in any form comes upon
the nation, then the proclamation of
martial law suspends the writ of habeas
corpus, lays aside the statute-book Of
peace, and turns everything over to
the arbitration of the sword which has
| a code of its own.
The Supreme Court of the United
State alone has power to expound the
Constitution; and although, SO far as
known, that tribunal has never passed
a judgment upon the second amend
ment to the Constitution, yet the gen.
eral drift of all the decisions of that
court, on others of the earlier amend
ments, makes it certain that the first
ten are surrenders of powers by the
| General Government to the States and
the people; and by n parity of reason
ing, it will appear that the second
amendment is a pledge to the people
that, i'm time of peace, their right to
keep and bear arms shall not he in
fringed-that is to say, that net even
the borders and edges of the right will
be touched or trespassed on by the Cen
ernment. Thus the whole question of
the right of the people to keep and
bear arms is left untrameled by the
Constitution and the statute-books of
the various States.
All these agree with each other and
the Constitution of the United States.
in that they guarantee the right to
bear arms; and the Constitutions OF the
several States all agree with each 9th
er in the fact that they aud the legisla-
tions arising under them. define and
punish all abuses of that right; and it
is very significant fact that they all
agree in treating the keeping and car
rying of any concealed weapon as a
violation and abuse of the right to keep
and bear arms. Indiana, Ohio, Penn
syvania, Kentucky, Tennessee, Ala
bama, Georgia, Texas, Arkansas and
Missouri all lift united voice against
the practice, and punish it by statute.
One question i'm this connection has
taxed the learning and ingenuity of
every Legislature aud every court
What are arms? What are weapons?
The only answer that ever can be
given to those questions, must be that
their character as arms or weapons
does not depend OH the article itself,
but on the use to which 1t is applied.
TO illustrate this idea: An AK used I'm
chopping wood is tool. An AK used
in the defense of the person, home, or
property of a man, or i'm supporting or
enforcing any right of the State, Is
weapon-it is arms. A razor, when
used in shaving man, Is tool; when
used in slicing him, it is a weapon. A
gun, when used i'm shooting at a target,
Is a tool; but when used I'm attack or
defense, it is a weapon-or arms.
1t will be readily seen that there is
well-founded distinction between arti-
cles that can be tools or arms, as occa-
sion may demand, and those articles |
that arr purely weapons.
A slung-shot, "A billy, a bowie-knife, |
or a dagger, and whole arsenal of
pocket-pistols, not being used as tools
in any peaceful calling, are outlawed;
and their being kept OF carried. is a
ground of presumption Of felony. They
are the outfit Of brawler and the as
sassin.
Again, the law regards the fact of
the concealment of anything that can
be made into weapon, as evidence of
a felonious intention. 1t presumes
that when the design i'm carrying a
weapon is just and laudable, it will be
carried openly; no concealment will be
sought.
But in considering this matter, 1t
must not be forgotten that the Consti-
tuition of the State of Missouri is para
mount authority. and sets metes and