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 In a recent column I took Secretary of State Condoleezza 
              Rice to task for misinterpreting the Second Amendment right to bear 
              arms. In retrospect, I realize I owe her an apology. From the bottom 
              of my heart, I apologize to Secretary Rice – for being too light 
              on her.  For those who missed it, Rice appeared on CNN’s Larry 
              King Live May 11 and talked about her father and his friends arming 
              themselves against nightriders in Birmingham, Ala. in 1962 and 1963. 
              She said, “…We have to be very careful when we start abridging rights 
              that our Founding Fathers thought very important. And on this one, 
              I think that they understood that there might be circumstances that 
              people like my father experienced in Birmingham, Ala., when, in 
              fact, the police weren’t going to protect you.”  I took issue with her. Since then, a reader has directed 
              me to a fascinating 100-page article in the University of California-Davis 
              Law Review [Winter 1997] by Carl T. Bogus titled, “The Hidden History 
              of the Second Amendment.” The Second Amendment reads: “A well regulated 
              militia, being necessary to the security of a free state, the right 
              of the people to keep and bear arms, shall not be infringed.”  Bogus, an associate professor at Roger Williams University 
              Law School, wrote: “The Second Amendment was not enacted to provide 
              a check on government tyranny; rather, it was written to assure 
              the Southern states that Congress would not undermine the slave 
              system by using its newly acquired constitutional authority over 
              the militia to disarm the state militia and thereby destroy the 
              South’s principal instrument of slave control.” He explains, “The 
              Second Amendment’s history has been hidden because neither James 
              Madison, who was the principal author of the Second Amendment, nor 
              those he was attempting to outmaneuver politically, laid their motives 
              on the table.”  
 In 1779, Virginians met in Richmond to decide whether 
              to ratify the United States constitution. With eight of the needed 
              nine colonies already on board, all eyes were on Virginia, the home 
              of Thomas Jefferson, James Madison and Patrick Henry. Whether the 
              newly-formed union would eradicate slavery was uppermost on their 
              minds.  Professor Bogus writes, “’Slavery was not only an 
              economic and industrial system,’ one scholar noted, ‘but more than 
              that, it was a gigantic police system.’ Over time the South developed 
              an elaborate system of slave control. The basic instrument of control 
              was the slave patrol, armed groups of white men who made regular 
              rounds. The patrols made sure that blacks were not wandering where 
              they did not belong, gathering in groups, or engaging in other suspicious 
              activity.  “Equally important, however, was the demonstration 
              of constant vigilance and armed force. The basic strategy was to 
              ensure and impress upon the slaves that whites were armed, watchful, 
              and ready to respond to insurrectionist activity at all times. The 
              state required white men and female plantation owners to participate 
              in patrols and to provide their own arms and equipment, although 
              the rich were permitted to send white servants in their place.” 
             The article noted, “The Georgia statues required patrols, 
              under the direction of commissioned militia officers, to examine 
              every plantation each month and authorized them to search ‘all Negro 
              Houses for offensive Weapons and Ammunition’ and to apprehend and 
              give twenty lashes to any slave found outside plantation grounds.” 
             Bogus said it was clear that the Second Amendment 
              was drafted to protect Southern militias, not broadly allow individuals 
              to arm themselves. “In the South, therefore, the patrols and the militia 
              were largely synonymous,” he discovered. “…The militia was the first 
              and last protection from the omni-present threat of slave insurrection 
              of vengeance.”  
 When Americans think of militias, they tend to think 
              of minutemen at Lexington and Concord and “the shot heard around 
              the world.”  Bogus explains, “Some assume the Founders incorporated 
              the right to bear arms in the Bill of Rights because an armed citizenry 
              had been important to security in colonial America and is essential 
              to throwing off the yoke of British oppression. Much of this is 
              myth.”  He concluded, “It cannot be overemphasized that slavery 
              was the central feature of life in slave holding states, and that 
              the South depended on arms and the militia itself against the constant 
              danger of a slave revolt… Southerners had to be infinitely more 
              concerned about slave control than abstract, ideological, or contingent 
              beliefs about liberty and guns.” In other words, Condi, they were not interested in 
              arming your father and his Black buddies.  George E. Curry is editor-in-chief of the NNPA 
              News Service and BlackPressUSA.com. He appears on National Public 
              Radio (NPR) three times a week as part of “News and Notes with Ed 
              Gordon.” In addition, his radio commentary is syndicated each week 
              by Capitol Radio News Service (301/588-1993). To contact Curry or 
              to book him for a speaking engagement, go to his Web site, www.georgecurry.com. |