By Len Barcousky - Pittsburgh Post-Gazette
A Franklin County doctor has offered to relocate the historic Justice William Smith House in Mercersburg.
"I have a love of history," Dr. Paul Orange said Monday.
He was reluctant to provide too many details of his proposal, but he said he was prepared to cover the costs of moving the two-story structure to a new location. Those expenses, including the cost of acquiring a suitable alternate property, could run as high as $100,000.
Dr. Orange has a family practice along Route 30 in Fayetteville, which is between Chambersburg and Gettysburg. He said he moved to the area in part because of its ties to important events during the Civil War. He is a graduate of Greensburg Central Catholic and St. Vincent College. After graduating from medical school at the American University of the Caribbean, he did his residency at Latrobe Hospital.
Tuesday, November 2, 2010
Thursday, October 14, 2010
House of history: The clock is ticking on a remnant of the Revolution
Pittsburgh Post-Gazette
A crime is about to be committed in Franklin County and those who see it unfolding are powerless to prevent it.
The historic Justice William Smith House in Mercersburg is living history, a remnant of America's Revolution that has been standing since a band of settlers gathered there in 1765 to organize an attack on colonial rule, an event that preceded the Boston Tea Party by eight years.
A crime is about to be committed in Franklin County and those who see it unfolding are powerless to prevent it.
The historic Justice William Smith House in Mercersburg is living history, a remnant of America's Revolution that has been standing since a band of settlers gathered there in 1765 to organize an attack on colonial rule, an event that preceded the Boston Tea Party by eight years.
Wednesday, October 13, 2010
When a RIGHT is WRONG
JW Ross
A thinking person can make a comparison between the pending construction of a Islamic Center/Mosque at Ground Zero, in New York City, and the pending destruction of the William Smith House, in Mercersburg, PA.
In both cases, the RIGHT of the Muslims or the members of the Fire Board to "construct" or "destruct" is largely supported.
But support for the RIGHT does not mean, in either case, support for the action. RIGHTS come with responsibilities. RIGHTS come with sensibilities. RIGHTS have a moral and ethical component. We have, in principle, the First Amendment RIGHT to "yell fire in a crowded theater", but society has, for the welfare of all, deemed it WRONG to do so. It is WRONG for the Muslims to build a mosque at Ground Zero. It is WRONG for the Fire Board to chose to destroy the historical legacy of the people of Mercersburg.
That said, the Muslims may prevail in their wish to build the Mosque and the Fire Board may prevail and demolish the Smith House. If so, both do so at their peril. Legal WRONGS committed against the ethical RIGHTS of "the people" are not soon forgotten, or easily forgiven.
A thinking person can make a comparison between the pending construction of a Islamic Center/Mosque at Ground Zero, in New York City, and the pending destruction of the William Smith House, in Mercersburg, PA.
In both cases, the RIGHT of the Muslims or the members of the Fire Board to "construct" or "destruct" is largely supported.
But support for the RIGHT does not mean, in either case, support for the action. RIGHTS come with responsibilities. RIGHTS come with sensibilities. RIGHTS have a moral and ethical component. We have, in principle, the First Amendment RIGHT to "yell fire in a crowded theater", but society has, for the welfare of all, deemed it WRONG to do so. It is WRONG for the Muslims to build a mosque at Ground Zero. It is WRONG for the Fire Board to chose to destroy the historical legacy of the people of Mercersburg.
That said, the Muslims may prevail in their wish to build the Mosque and the Fire Board may prevail and demolish the Smith House. If so, both do so at their peril. Legal WRONGS committed against the ethical RIGHTS of "the people" are not soon forgotten, or easily forgiven.
Friday, September 3, 2010
September 3, 1752 - The Day That Didn't Happen
JW Ross
In the midst of unrelenting attacks on the frontier and the Conococheague by maurading Indians, the British government and her colonies adopted the Gregorian calendar. To make the shift . . . September 3rd in 1752, and the next ten days, essentially, did not happen. Riots broke out in England and a few of the cities throughout the colonies as people thought the government had literally stolen eleven days.
Frontier areas like the Conococheague already in turmoil, reported little consternation and fewer disturbances.
In the midst of unrelenting attacks on the frontier and the Conococheague by maurading Indians, the British government and her colonies adopted the Gregorian calendar. To make the shift . . . September 3rd in 1752, and the next ten days, essentially, did not happen. Riots broke out in England and a few of the cities throughout the colonies as people thought the government had literally stolen eleven days.
Frontier areas like the Conococheague already in turmoil, reported little consternation and fewer disturbances.
Sunday, August 29, 2010
"Justice William Smith House" -- A New Painting by Kevin Rice
He has, as in his other works for the Conococheague Institute, once again transported the viewer to the Conococheague of the 1760's. Using light, texture and fantasy elements, he transforms a 20th century dwelling into a form and place that James and William Smith would recognize.
Underneath a 20th century renovation, preservationists are finding a very old and very important house. A house that is not only connected to the time of the Indian Wars (1750 to 1760) but, more importantly, to the stirrings of the American Revolution and the principles of the 2nd Amendment.
Speculation abounds as to what the now two-story Smith House looked like in 1765. Kevin Rice gives us his vision.
Wednesday, August 25, 2010
A Tragedy in the Making
By JW Ross
For months the militia patrols had been effective in reducing if not completely eliminating Indian incursions and settlement deaths in the Conococheague. James Smith and his militia had effectively made raids in the eyes of the Indians too costly and risky to endeavor. This was an enormous feat as the frontier was 200 miles of extended woodlands in which no man, it was said, "could go to sleep within 10 or 15 miles of the "border" without the danger of having his house burned and himself and his family scalped or led into captivity before the next morning."
For months the militia patrols had been effective in reducing if not completely eliminating Indian incursions and settlement deaths in the Conococheague. James Smith and his militia had effectively made raids in the eyes of the Indians too costly and risky to endeavor. This was an enormous feat as the frontier was 200 miles of extended woodlands in which no man, it was said, "could go to sleep within 10 or 15 miles of the "border" without the danger of having his house burned and himself and his family scalped or led into captivity before the next morning."
Saturday, August 21, 2010
Enoch Brown Massacre . . . the flash point of the American Revolution?
By JW Ross
This year, 2014, is the 249th Anniversary of the "Sideling Hill" Incident which many scholars believe was the beginning of the Revolutionary War on the frontier. Historians point to the incident at "Sideling Hill" in March of 1765, as the cause of the Smith rebellion and the spark that started the American Revolution. It is important to note, and commemorate, because it is contrary to what we have been taught - "the shots heard round the world" were not on Lexington Bridge and the commons in Boston in 1775, but in Pennsylvania at Sideling Hill in 1765.
This year, 2014, is the 249th Anniversary of the "Sideling Hill" Incident which many scholars believe was the beginning of the Revolutionary War on the frontier. Historians point to the incident at "Sideling Hill" in March of 1765, as the cause of the Smith rebellion and the spark that started the American Revolution. It is important to note, and commemorate, because it is contrary to what we have been taught - "the shots heard round the world" were not on Lexington Bridge and the commons in Boston in 1775, but in Pennsylvania at Sideling Hill in 1765.
Friday, August 20, 2010
2nd Amendment House - "Revealed" (Part II)
By Paula Reed, PhD
The house retains a remarkable amount of original material including its kitchen fireplace, mantelpiece with heavy ogee molding (found in the basement), wide tongue and groove floors, window and door trim with ovolo molding and some plaster. The original front door with six raised panels beneath a four light transom remains in place. One 18th century raised four panel door was reused at a second floor closet. An arched cellar way in the north wall is another noteworthy early feature. Ovolo moldings and trims around the windows and doors at the exterior and interior are typical of the period. The first floor door and windows in the east end wall are much later than the other first floor openings and appear to date from the mid 19th century, suggesting that these openings were added at a later date to provide partial orientation toward Mercersburg’s main street.
The house retains a remarkable amount of original material including its kitchen fireplace, mantelpiece with heavy ogee molding (found in the basement), wide tongue and groove floors, window and door trim with ovolo molding and some plaster. The original front door with six raised panels beneath a four light transom remains in place. One 18th century raised four panel door was reused at a second floor closet. An arched cellar way in the north wall is another noteworthy early feature. Ovolo moldings and trims around the windows and doors at the exterior and interior are typical of the period. The first floor door and windows in the east end wall are much later than the other first floor openings and appear to date from the mid 19th century, suggesting that these openings were added at a later date to provide partial orientation toward Mercersburg’s main street.
Smith's Rebellion and the 2nd Amendment
HISTORY OF SMITH’S REBELLION 1765
By Karen Ramsburg
As the most significant Pre Revolutionary war site west of the Susquehanna river the Justice William Smith House is the most important historical site in Mercersburg, Pennsylvania. In 1765 it served as the meeting place over a nine month period of time where the first armed resistance was organized against British Military Authority. This rebellion changed the course of American History and gave rise to ideas that would later impact our U.S Bill of Rights 2nd Amendment right to bear arms.
By Karen Ramsburg
As the most significant Pre Revolutionary war site west of the Susquehanna river the Justice William Smith House is the most important historical site in Mercersburg, Pennsylvania. In 1765 it served as the meeting place over a nine month period of time where the first armed resistance was organized against British Military Authority. This rebellion changed the course of American History and gave rise to ideas that would later impact our U.S Bill of Rights 2nd Amendment right to bear arms.
Tuesday, August 17, 2010
Revolution and "Riffraff"
By JW Ross
Individuals of Irish descent know too well the term, "No Irish Need Apply", and its meaning. Although not commonly used until the mid - 1800's, the sentiment was the same in the 1750's when boat loads of Irish (and Scot) immigrants landed in the colonies. Anti-Irish sentiment was pervasive and residents of Philadelphia, for example, couldn't wait to see the "backside" of these new immigrants to the America.
Most history books little note the contributions of those who immigrated from Scotland and Northern Ireland in the early 1700's. Those who settled the Western areas of PA (Mercersburg, for example) and some parts of the South were essentially the British Isles . . "riffraff". Not only were many of them poor, and uneducated, but worse . . they were branded by the "southern" Englishmen of Boston and Philadelphia with vile stereotypes.
Individuals of Irish descent know too well the term, "No Irish Need Apply", and its meaning. Although not commonly used until the mid - 1800's, the sentiment was the same in the 1750's when boat loads of Irish (and Scot) immigrants landed in the colonies. Anti-Irish sentiment was pervasive and residents of Philadelphia, for example, couldn't wait to see the "backside" of these new immigrants to the America.
Most history books little note the contributions of those who immigrated from Scotland and Northern Ireland in the early 1700's. Those who settled the Western areas of PA (Mercersburg, for example) and some parts of the South were essentially the British Isles . . "riffraff". Not only were many of them poor, and uneducated, but worse . . they were branded by the "southern" Englishmen of Boston and Philadelphia with vile stereotypes.
Monday, August 16, 2010
A History Lesson
By Tim McCown
A number of America's best historians and authors are coming to new conclusions about the colonial frontier and the American Revolution based on new primary source documentary evidence - Terry Bouton's, "Taming Democracy", Patrick Griffen's, "American Leviathan", Marjoleine Kars's, "Breaking Loose Together" (about the North Carolina Regulator Movement), and Kevin Kenny's book, "Peaceable Kingdom Lost", (about The Paxton Boys), all point to the fact that Lexington and Concord were not the beginning, but the culmination of a process that began on the frontier . . . the revolution began, not in Boston or Philadelphia, but on the frontier in places such as today's - Mercersburg, Pa.
A number of America's best historians and authors are coming to new conclusions about the colonial frontier and the American Revolution based on new primary source documentary evidence - Terry Bouton's, "Taming Democracy", Patrick Griffen's, "American Leviathan", Marjoleine Kars's, "Breaking Loose Together" (about the North Carolina Regulator Movement), and Kevin Kenny's book, "Peaceable Kingdom Lost", (about The Paxton Boys), all point to the fact that Lexington and Concord were not the beginning, but the culmination of a process that began on the frontier . . . the revolution began, not in Boston or Philadelphia, but on the frontier in places such as today's - Mercersburg, Pa.
Sunday, August 15, 2010
The Stamp Act and Sideling Hill Incident
By the mid-eighteenth century, the economies of the American colonies had matured. The colonies chafed under the rules of British mercantilism, which sought to exploit the colonies as a source of raw materials and a market for the mother country. During the French and Indian War, the colonies asserted their economic independence by trading with the enemy, flagrantly defying customs laws, and evading trade regulations. These actions convinced the British government to bring the colonies into proper subordination and to use them as a source of revenue.
Thursday, August 12, 2010
2nd Amendment House - "Revealed" (Part I)
By JW Ross
In Mercersburg, Pennsylvania, underneath a 20 century renovation preservationists are finding a very old and very important house. A house that is not only connected to the time of the Indian wars (1750 to 1760) but, more importantly, to the stirrings of the American Revolution and the principles of the 2nd Amendment.
Speculation abounds as to what the now two-story Smith House looked like in 1765.
In Mercersburg, Pennsylvania, underneath a 20 century renovation preservationists are finding a very old and very important house. A house that is not only connected to the time of the Indian wars (1750 to 1760) but, more importantly, to the stirrings of the American Revolution and the principles of the 2nd Amendment.
Speculation abounds as to what the now two-story Smith House looked like in 1765.
...Let Them Take Arms - Thomas Jefferson
The "Right to Bear Arms"... or the Second Amendment is one of the most discussed and contentious of all the amendments of the Bill of Rights. It is, in fact, the only amendment that contains not only the seeds but the actual instruments of the revolution itself. Further, it gives real affirmation to Thomas Jefferson's quote:
"God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty. ... And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."It is for this reason, if no other, that the Government and its functionaries vociferously assail and obfuscate the text of this simple assertion. More, it is for this reason, and in the face of the perennial onslaught that its defense and affirmation is essential to the survival of the republic.
Wednesday, August 11, 2010
Why the "2nd Amendment House" is Important!
By JW Ross
Why the Justice William Smith House is Important!
Why it matters where the principles of our "Right to Bear Arms" were first established! Why the origins of the 2nd amendment are important!
Why the Justice William Smith House is Important!
Why it matters where the principles of our "Right to Bear Arms" were first established! Why the origins of the 2nd amendment are important!
Tuesday, August 10, 2010
Scot Irish in the Conococheague (Mercersburg)
By JW Ross
In the 1600's land clearances in Scotland and the chance of a better life lead to a vast migration from Scotland, especially the lowlands, to Ireland which was a short boat ride away. This migration was aided by similar land clearances in Ireland by ruthless London-based companies.
But by the 1700's, the several hundred thousand Scots in Northern Ireland were becoming increasingly impatient with the endless fighting, land clearances, and large increases in their rental amounts. The entire feudal system, a remnant of the Dark Ages was under attack, in both Ireland and Scotland, serfs, in addition to working the land, were required to be armed and serve their "lords" when the "castle" was attacked.
In the 1600's land clearances in Scotland and the chance of a better life lead to a vast migration from Scotland, especially the lowlands, to Ireland which was a short boat ride away. This migration was aided by similar land clearances in Ireland by ruthless London-based companies.
But by the 1700's, the several hundred thousand Scots in Northern Ireland were becoming increasingly impatient with the endless fighting, land clearances, and large increases in their rental amounts. The entire feudal system, a remnant of the Dark Ages was under attack, in both Ireland and Scotland, serfs, in addition to working the land, were required to be armed and serve their "lords" when the "castle" was attacked.
Saturday, August 7, 2010
American Unity
 |
| [Benjamin Franklin's woodcut from May 9, 1754. Newspaper Serial and Government Publications Division, Library of Congress.] |
Three years later, in 1754, he used a snake to illustrate another point. This time not so humorous.
Franklin sketched, carved, and published the first known political cartoon in an American newspaper. It was the image of a snake cut into eight sections. The sections represented the individual colonies and the curves of the snake suggested the coastline. New England was combined into one section as the head of the snake. South Carolina was at the tail. Beneath the snake were the ominous words "Join, or Die."
Plain Truth - MDCCXLVII (1747)
Nearly all of Franklin's printing and writing was undertaken for profit, but in the two months before his retirement in 1748, he devoted his press to a political cause: pressuring the Quaker-dominated Assembly to establish a militia for defense against marauding attacks on the frontier. A pamphlet which Benjamin Franklin published, "Plain Truth", showing the helplessness of the colony against the French and Indians, led to the organization of a volunteer militia, and funds were raised for arms by a lottery. Benjamin Franklin himself was elected colonel of the Philadelphia regiment. In spite of his militarism, Benjamin Franklin retained the position which he held as Clerk of the Assembly, though the majority of the members were Quakers opposed to war on principle. This was 17 years before James Smith and the Black Boys began to bring some order to the Conococheague.
Friday, August 6, 2010
More on the Conococheague Rangers of 1763 (Part II)
By Eric I. Manders
When I wrote the text to accompany the drawing I did of the Conococheague Ranger, I was satisfied that the Conococheague Ranger Company represented an ad hoc attempt at local defense in Pennsylvania during Pontiac’s War.[1] The only record of it I could find was in the memoir of its commander, James Smith, published some thirty-six years after the fact.[2]
Since then I have found a contemporary account of the unit in an obvious enough place, the Pennsylvania Archives. That the Great Cove and Conococheague settlements petitioned for official recognition of their little band of defenders is recorded in the journal of the Pennsylvania Assembly for 17 September 1763:
When I wrote the text to accompany the drawing I did of the Conococheague Ranger, I was satisfied that the Conococheague Ranger Company represented an ad hoc attempt at local defense in Pennsylvania during Pontiac’s War.[1] The only record of it I could find was in the memoir of its commander, James Smith, published some thirty-six years after the fact.[2]
Since then I have found a contemporary account of the unit in an obvious enough place, the Pennsylvania Archives. That the Great Cove and Conococheague settlements petitioned for official recognition of their little band of defenders is recorded in the journal of the Pennsylvania Assembly for 17 September 1763:
Thursday, August 5, 2010
James Smith - Conococheague Rangers - 1763 (Part I)
James Smith some 40 years after his captivity by the Indians, published his memoirs entitled, "An account of the remarkable occurrences in the life and travels of Col. James Smith during his captivity with the Indians : in the years 1755 -59 ...editors note
Virtually everything known about James Smith’s company of rangers appears in a passage from the captain’s memoir:
"Sometime in May, this year (1763), I was married, and about that time the Indians again commenced hostilities, and were busily engaged in killing and scalping the frontier inhabitants in various parts of Pennsylvania. The whole Conococheague Valley, from the North to the South Mountain, had been almost entirely evacuated during Braddock’s war…As the people were now beginning to live at home again, they thought (it) hard to be driven away a second time, and were determined if possible, to make a stand: therefore they raised as much money by collections and subscriptions, as would pay for a company of rifle-men for several months. The subscribers met and elected a committee to manage the business. The committee appointed me captain of this company of rangers, and gave me the appointment of my subalterns. I chose two of the most active young men that I could find, who had also been long in captivity with the Indians. As we enlisted our men, we dressed them uniformly in the Indian manner, with breech-clout, leggings, moccasins and green shrouds which we wore in the same manner that the Indians do, and nearly as the Highlanders wear their plaids. In place of hats we wore red handkerchiefs, painted our faces red and black, like Indian warriors. I taught them the Indian discipline, as I knew of no other at that time, which would answer the purpose much better than British."[1]
Saturday, July 31, 2010
Mercersburg - Birthplace and Rebellion (Part III )
By Tim McCown
Why the Smith House is the Birthplace of the Second Amendment . . .
The Sideling Hill incident on March 6, 1765, which was the first armed resistance against British Military rule began in Mercersburg, Pennsylvania . . . It is for this reason that it is the birthplace of the Second Amendment.
In 1776 when Pennsylvania ratified its first constitution, it was the first of the thirteen colonies to have a "right to bear arms" clause. James Smith, a former leader of the Black Boy's, was a member of the Westmoreland County delegation to this constitutional convention. . . It is for this reason that it is the birthplace of the Second Amendment.
In 1765 Justice William Smith conferred legal standing on the actions at Sideling Hill of James Smith and the Black Boys to secure firearms that were illegally confiscated, it is claimed, by soldiers of the Crown. . . It is for this reason that it is the birthplace of the Second Amendment.
Why the Smith House is the Birthplace of the Second Amendment . . .
The Sideling Hill incident on March 6, 1765, which was the first armed resistance against British Military rule began in Mercersburg, Pennsylvania . . . It is for this reason that it is the birthplace of the Second Amendment.
In 1776 when Pennsylvania ratified its first constitution, it was the first of the thirteen colonies to have a "right to bear arms" clause. James Smith, a former leader of the Black Boy's, was a member of the Westmoreland County delegation to this constitutional convention. . . It is for this reason that it is the birthplace of the Second Amendment.
In 1765 Justice William Smith conferred legal standing on the actions at Sideling Hill of James Smith and the Black Boys to secure firearms that were illegally confiscated, it is claimed, by soldiers of the Crown. . . It is for this reason that it is the birthplace of the Second Amendment.
Friday, July 30, 2010
Life, Liberty, and Property - Lost
"The Enoch Brown Massacre" by Kevin Rice.
"The Enoch Brown Massacre". A well know and shocking story (even by today's standards) of the 1764 massacre of 10 school children during the "French and Indian War" is the 6th painting in a series of historical paintings by the artist Kevin Rice of the Conococheague. Rice chooses (for our sake) not to graphically illustrate the grizzly mayhem described in the history books, but, the terrible reality of that day in frontier Pennsylvania, cannot be mistaken. There is no doubt that this massacre was a defining event, confirming in Pennsylvanians' minds the need for the Colony and the Crown to finally take action to secure their Life, Liberty, and Property.
"The Enoch Brown Massacre". A well know and shocking story (even by today's standards) of the 1764 massacre of 10 school children during the "French and Indian War" is the 6th painting in a series of historical paintings by the artist Kevin Rice of the Conococheague. Rice chooses (for our sake) not to graphically illustrate the grizzly mayhem described in the history books, but, the terrible reality of that day in frontier Pennsylvania, cannot be mistaken. There is no doubt that this massacre was a defining event, confirming in Pennsylvanians' minds the need for the Colony and the Crown to finally take action to secure their Life, Liberty, and Property.
Wednesday, July 28, 2010
Unimaginable Atrocity
Although there were numerous incursions by the Indians in the late 1750's and early 1760's (in and around the settlement now know as Mercersburg), one that was particularly heinous was the Enoch Brown School House Massacre on July 26, 1764. Heinous because it involved the killing of 10 school children. This event signified the ever increasing need for residents on the frontier to protect themselves and led to the call for the formation of private militias like - James Smith and the Black Boys. In the following account Glen Cump, Secretary Enoch Brown Park Association, explains some of the events leading up to this dreadful act. - - JW RossBy Glen L. Cump, Secretary Enoch Brown Park Association (Edited for publication)
Between the years of 1664 to 1764, several hundred thousand emigrants came to America. Many of those sturdy German and Irish pioneers settled in the Cumberland Valley. However because of the civil unrest and Indian attacks, by August 14, 1763, 750 families had abandoned their homes in the county which, at that time, included the Juniata Valley.
Saturday, July 24, 2010
John F Kennedy - On the Right to Bear Arms
By JW Ross
"By calling attention to 'a well regulated militia', the 'security' of the nation, and the right of each citizen 'to keep and bear arms', our founding fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny which gave rise to the Second Amendment will ever be a major danger to our nation, the Amendment still remains an important declaration of our basic civilian-military relationships, in which every citizen must be ready to participate in the defense of his country. For that reason I believe the Second Amendment will always be important."
Sen. John F. Kennedy's statement, Know Your Lawmakers, Guns, April 1960, p. 4 (1960)
"By calling attention to 'a well regulated militia', the 'security' of the nation, and the right of each citizen 'to keep and bear arms', our founding fathers recognized the essentially civilian nature of our economy. Although it is extremely unlikely that the fears of governmental tyranny which gave rise to the Second Amendment will ever be a major danger to our nation, the Amendment still remains an important declaration of our basic civilian-military relationships, in which every citizen must be ready to participate in the defense of his country. For that reason I believe the Second Amendment will always be important."
Sen. John F. Kennedy's statement, Know Your Lawmakers, Guns, April 1960, p. 4 (1960)
Crafting the 2nd Amendment
By JW Ross (source Prof. Eugene Volokh, UCLA Law School)
Legislation in a Republic is a process. The Bill of Rights was no different. Each amendment (each word) created by the Founders was discussed with the individual states (whose ratification was necessary) and some of the states "wording" was incorporated into the final amendment. Here are some of the contemporaneous suggestions . . .
Legislation in a Republic is a process. The Bill of Rights was no different. Each amendment (each word) created by the Founders was discussed with the individual states (whose ratification was necessary) and some of the states "wording" was incorporated into the final amendment. Here are some of the contemporaneous suggestions . . .
Thursday, July 22, 2010
Wild, Wild Mercersburg
By JW Ross
It is hard to imagine that for over 30 years (between the 1750's and 1770's), frontier Mercersburg was a wild and very dangerous place. Although we are entirely familiar with the stories associated with the phrase, "Wild, Wild, West!", one might be surprised to know that the experiences of the inhabitants of frontier Mercersburg, PA and its environs were very similar.
Like much of the newly settled West, cultural tensions were high, alcohol readily available, firearms were at hand, and "lawmen" were few and far between. In spite of this, the British government and the Penn Quakers attempted to reign in both settler and Indian actions and expectations. Sadly, disagreements more often than not led to horrific conflicts, and responses to provocations, innocent or aggravated, were quick and deadly.
It is hard to imagine that for over 30 years (between the 1750's and 1770's), frontier Mercersburg was a wild and very dangerous place. Although we are entirely familiar with the stories associated with the phrase, "Wild, Wild, West!", one might be surprised to know that the experiences of the inhabitants of frontier Mercersburg, PA and its environs were very similar.
Like much of the newly settled West, cultural tensions were high, alcohol readily available, firearms were at hand, and "lawmen" were few and far between. In spite of this, the British government and the Penn Quakers attempted to reign in both settler and Indian actions and expectations. Sadly, disagreements more often than not led to horrific conflicts, and responses to provocations, innocent or aggravated, were quick and deadly.
Mercersburg - Birthplace and Rebellion (Part II)
By Tim McCown
Lost in the debate about collective or individual rights is the fact that this is a right that goes back before our ancestors even got around to thinking about it. David T. Hardy in his article, "Historical Basis of the Right to Keep and Bear Arms", notes that it is almost impossible to find any document that dates an actual beginning. I have chosen for this discussion to note Henry II and the "1181 Assize of Arms", as the starting point.
In this document all British citizens between 15 and 40 were required to purchase and keep arms. What you were required to purchase was dependent upon your station in life. Even the poorest citizens were required to have leather armor, helmet and lance. Twice a year all citizens were required to be inspected by the king's officials to insure that everyone possessed the necessary arms. In addition the king was expected to depend exclusively upon his armed freemen.
Lost in the debate about collective or individual rights is the fact that this is a right that goes back before our ancestors even got around to thinking about it. David T. Hardy in his article, "Historical Basis of the Right to Keep and Bear Arms", notes that it is almost impossible to find any document that dates an actual beginning. I have chosen for this discussion to note Henry II and the "1181 Assize of Arms", as the starting point.
In this document all British citizens between 15 and 40 were required to purchase and keep arms. What you were required to purchase was dependent upon your station in life. Even the poorest citizens were required to have leather armor, helmet and lance. Twice a year all citizens were required to be inspected by the king's officials to insure that everyone possessed the necessary arms. In addition the king was expected to depend exclusively upon his armed freemen.
Monday, July 19, 2010
Mercersburg - Birthplace and Rebellion (Part I)
By Tim McCown
Justice William Smith one of the leaders of Smith's or the Black Boys Rebellion, so called because of painting their faces black to disguise their identity, was a magistrate for Cumberland County Pennsylvania. According to Phillip E. Pendleton in an article in Pennsylvania Magazine vol. XXII #3- Summer 1996, entitled, "Conrad Weiser Homestead: Finding a light into the Forest", the role of a magistrate is as follows," Justice of the Peace was one of the most powerful offices in local or county governmental system of colonial Pennsylvania. Operating independently in their loosely defined districts, these magistrates excercised a wide variety of functions. The justices directed the activities of other county officers such as the elected sheriff and county commissioners and acting as judges heard civil suits and criminal misdemeanor cases. Chosen by the Governor from among individuals of local standing and prosperity, justices made money by charging fees for issuing licenses, certifying deeds and performing marriages."
Justice William Smith one of the leaders of Smith's or the Black Boys Rebellion, so called because of painting their faces black to disguise their identity, was a magistrate for Cumberland County Pennsylvania. According to Phillip E. Pendleton in an article in Pennsylvania Magazine vol. XXII #3- Summer 1996, entitled, "Conrad Weiser Homestead: Finding a light into the Forest", the role of a magistrate is as follows," Justice of the Peace was one of the most powerful offices in local or county governmental system of colonial Pennsylvania. Operating independently in their loosely defined districts, these magistrates excercised a wide variety of functions. The justices directed the activities of other county officers such as the elected sheriff and county commissioners and acting as judges heard civil suits and criminal misdemeanor cases. Chosen by the Governor from among individuals of local standing and prosperity, justices made money by charging fees for issuing licenses, certifying deeds and performing marriages."
Sunday, July 18, 2010
Why We Are Armed
By JW Ross
In the Federalist Papers Noah Webster argued that the proposed Constitution provided adequate guarantees to check the dangers of any standing army. His reasoning acknowledged checks and balances, but did not rely on them. Rather, Webster argued:
"Before a standing army can rule, the people must be disarmed; as they are in almost every Kingdom of Europe. The Supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States."
In the Federalist Papers Noah Webster argued that the proposed Constitution provided adequate guarantees to check the dangers of any standing army. His reasoning acknowledged checks and balances, but did not rely on them. Rather, Webster argued:
"Before a standing army can rule, the people must be disarmed; as they are in almost every Kingdom of Europe. The Supreme power in America cannot enforce unjust laws by the sword; because the whole body of the people are armed, and constitute a force superior to any bands of regular troops that can be, on any pretense, raised in the United States."
Friday, July 16, 2010
...About Well Regulated Militias?
I'm not sure why we do not do a better job of reading and understanding our history. Those who favor more restrictive legislation regulating gun ownership continue to emphasize that the Second Amendment is a collective right not an individual one. That would be interesting considering that the rest of our Bill of Rights is about individual rights as is the history of how this came to be part of our Constitution.
Wednesday, July 14, 2010
The Gun that Started the Revolution
By JW Ross
In 2009 the Pennsylvania House of Representatives signed a resolution recognizing the significance of the Pennsylvania-made long rifle, to the history of industry and fine art in America.
The "Official Firearm of the Commonwealth of Pennsylvania", the long rifle, was the gun of choice of James Smith and the Black Boys. Vastly superior to the arms of the British infantry, usually a musket, the long rifle in the hands of experienced woodsmen was deadly to traditional British fighting formations. Accurate to between 200 and 300 yards, the long rifle was sleek, light, and reliable, making it the ideal weapon to use for hunting and in fighting irregular warfare. Frontiersmen learned their "trade" from the Indians who quickly figured out that "hit and run" attacks were more effective than frontal assaults.
Monday, July 12, 2010
The History of Guns and God
By Tim McCown
During the 2008 Election campaign Obama made a statement about Pennsylvanians and others clinging to their guns and God. Would that he and most of America only knew how far this history goes back. The original right to bear arms that our ancestors, if you are Scotch Irish, English, Scotch or Irish, brought over to this nation began as part of the 1688 Declaration of Rights that William III signed and would go on to become article 7 of the English Bill of Rights. This document was the model for our own Bill of Rights.
During the 2008 Election campaign Obama made a statement about Pennsylvanians and others clinging to their guns and God. Would that he and most of America only knew how far this history goes back. The original right to bear arms that our ancestors, if you are Scotch Irish, English, Scotch or Irish, brought over to this nation began as part of the 1688 Declaration of Rights that William III signed and would go on to become article 7 of the English Bill of Rights. This document was the model for our own Bill of Rights.
Sunday, July 11, 2010
The Individual Right to Bear Arms Asserted and Proved
By Tim McCown
In 1765, the frontier in Pennsylvania is the living breathing embodiment of philosopher John Locke's State of Nature an area where there are no rules or laws. The non stop Indian wars, The Penn's lax and often incompetent government and a British Military Authority that is suddenly overwhelmed by the enormity of their task now that they must administer all of the new lands ceded to them as a result of the Treaty of Paris ending the French and Indian war, creates a governmental and administrative power vacuum. The government is failing in its obligations to provide safety and security and to provide for the common good, which will be exploited by those hoping to make a huge profit from the uncertainty that exists. To those settlers who live on the frontier, they are completely on their own.
In 1765, the frontier in Pennsylvania is the living breathing embodiment of philosopher John Locke's State of Nature an area where there are no rules or laws. The non stop Indian wars, The Penn's lax and often incompetent government and a British Military Authority that is suddenly overwhelmed by the enormity of their task now that they must administer all of the new lands ceded to them as a result of the Treaty of Paris ending the French and Indian war, creates a governmental and administrative power vacuum. The government is failing in its obligations to provide safety and security and to provide for the common good, which will be exploited by those hoping to make a huge profit from the uncertainty that exists. To those settlers who live on the frontier, they are completely on their own.
Saturday, July 10, 2010
Smith's Rebellion - McDonald v. Chicago and The Right to Bear Arms
By Tim McCown
The closing arguments in this landmark Second Amendment case were begun on March 6, 1765 when James Smith and 10 of the Black Boys, so called because of painting their faces black to hide their identity, stopped the pack train carrying illegal trade goods to Fort Pitt and burned the contraband. Here was the first assertion of the American Revolution of John Locke's ideas of self defense when government no longer successfully met its main objective to promote Life, Liberty and property.
The closing arguments in this landmark Second Amendment case were begun on March 6, 1765 when James Smith and 10 of the Black Boys, so called because of painting their faces black to hide their identity, stopped the pack train carrying illegal trade goods to Fort Pitt and burned the contraband. Here was the first assertion of the American Revolution of John Locke's ideas of self defense when government no longer successfully met its main objective to promote Life, Liberty and property.
Revolution and "Riffraff"!
By JW Ross
Individuals of Irish descent know too well the term, "No Irish Need Apply", and its meaning. Although not commonly used until the mid - 1800's, the sentiment was the same in the 1750's when boat loads of Irish (and Scot) immigrants landed in the colonies. Anti-Irish sentiment was pervasive and residents of Philadelphia, for example, couldn't wait to see the "backside" of them.
Individuals of Irish descent know too well the term, "No Irish Need Apply", and its meaning. Although not commonly used until the mid - 1800's, the sentiment was the same in the 1750's when boat loads of Irish (and Scot) immigrants landed in the colonies. Anti-Irish sentiment was pervasive and residents of Philadelphia, for example, couldn't wait to see the "backside" of them.
Power Corrupts and Absolute Power Corrupts . . . Absolutely
By JW Ross
Once again the Supreme Court (by a narrow margin) has affirmed the right of individual citizens to bear arms - this time in all 50 states. Many argue, and rightfully so, that of all the rights in the "Bill of Rights" the right to bear arms is not the most important. Why then does the 2nd Amendment draw such disproportionate scrutiny and polarity of opinion? It has always been so. In fact, the ink wasn't dry on the "Bill" before a number of signers to and writers of had second thoughts. After all, where in civilized history has a legitimate government guaranteed to its subjects the means and right (almost obligation) to, if dissatisfied with that government, secure its destruction by force. Never.
Once again the Supreme Court (by a narrow margin) has affirmed the right of individual citizens to bear arms - this time in all 50 states. Many argue, and rightfully so, that of all the rights in the "Bill of Rights" the right to bear arms is not the most important. Why then does the 2nd Amendment draw such disproportionate scrutiny and polarity of opinion? It has always been so. In fact, the ink wasn't dry on the "Bill" before a number of signers to and writers of had second thoughts. After all, where in civilized history has a legitimate government guaranteed to its subjects the means and right (almost obligation) to, if dissatisfied with that government, secure its destruction by force. Never.
Friday, July 9, 2010
Frontier -- Then and Now
By JW Ross
Arizona has passed a law enforcing the federal law which makes it a crime for non-citizens to be in the US without "papers" (green card, visa, etc). Most interesting is the fact that the state of AZ felt compelled to "act" because our government has effectively refused to secure the borders from illegal intrusion.
In the 1750's the settlement now know as Mercersburg was on the western "border" of what is now Pennsylvania.
As a British colony the British government was committed to protect settlements like Mercersburg and its citizens who were in fact British subjects. That said, on a regular basis friendly and not so friendly Indians crossed over the "border" - to trade and to terrorize.
Arizona has passed a law enforcing the federal law which makes it a crime for non-citizens to be in the US without "papers" (green card, visa, etc). Most interesting is the fact that the state of AZ felt compelled to "act" because our government has effectively refused to secure the borders from illegal intrusion.
In the 1750's the settlement now know as Mercersburg was on the western "border" of what is now Pennsylvania.
As a British colony the British government was committed to protect settlements like Mercersburg and its citizens who were in fact British subjects. That said, on a regular basis friendly and not so friendly Indians crossed over the "border" - to trade and to terrorize.
Sunday, June 6, 2010
. . . Let them take arms.
The "Right to Bear Arms" . . .or 2nd Amendment is one of the most discussed and contentious of all the amendments of the Bill of Rights. It is, in fact, the only amendment that contains not only the seeds but the actual instruments of the revolution itself. Further, it gives real affirmation to Thomas Jefferson's quote . . .
"God forbid we should ever be twenty years without such a rebellion. The people cannot be all, and always, well informed. The part which is wrong will be discontented, in proportion to the importance of the facts they misconceive. If they remain quiet under such misconceptions, it is lethargy, the forerunner of death to the public liberty. ... And what country can preserve its liberties, if its rulers are not warned from time to time, that this people preserve the spirit of resistance? Let them take arms. The remedy is to set them right as to the facts, pardon and pacify them. What signify a few lives lost in a century or two? The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants. It is its natural manure."It is for this reason, if no other, that the Government and its functionaries vociferously assail and obfuscate the text of this simple assertion. More, it is for this reason, and in the face of the perennial onslaught that its defense and affirmation is essential to the survival of the republic.
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