Newsgroups: soc.culture.african.american,soc.history,talk.politics.guns,alt.motherjones,misc.legal,ca.politics
From: [c--am--r] at [optilink.dsccc.com] (Clayton Cramer)
Subject: The Racist Roots of Gun Control
Date: Tue, 8 Mar 1994 17:25:16 GMT

Copyright 1993 Clayton E. Cramer All Rights Reserved         
Electronic redistribution is permitted as long as no alterations 
are made to the text and this notice appears at the beginning.
Print reproduction or for profit use is not authorized without
permission from the author.

               The Racist Roots of Gun Control

  The  historical record provides compelling  evidence  that
racism  underlies gun control laws -- and not in  any  subtle
way.   Throughout much of American history, gun control  was
openly  stated as a method for keeping blacks and  Hispanics
"in  their place," and to quiet the racial fears of  whites.
This  paper is intended to provide a brief summary  of  this
unholy  alliance of gun control and racism, and  to  suggest
that gun control laws should be regarded as "suspect ideas,"
analogous   to  the  "suspect  classifications"  theory   of
discrimination already part of the American legal system.
  Racist  arms laws predate the establishment of the  United
States.   Starting in 1751, the French Black  Code  required
Louisiana  colonists to stop any blacks, and  if  necessary,
beat  "any  black carrying any potential weapon, such  as  a
cane."   If  a black refused to stop on demand, and  was  on
horseback, the colonist was authorized to "shoot to  kill."[1]
Slave possession of firearms was a necessity at times  in  a
frontier  society, yet laws continued to  be  passed  in  an
attempt  to  prohibit slaves or free blacks from  possessing
firearms,   except   under  very  restrictively   controlled
conditions.[2]  Similarly, in the sixteenth century the colony
of  New  Spain, terrified of black slave revolts, prohibited
all blacks, free and slave, from carrying arms.[3]
  In   the  Haitian  Revolution  of  the  1790s,  the  slave
population successfully threw off their French masters,  but
  the  Revolution  degenerated into a race war,  aggravating
existing  fears  in the French Louisiana colony,  and  among
whites  in the slave states of the United States.  When  the
first U. S. official arrived in New Orleans in 1803 to  take
charge  of this new American possession, the planters sought
to  have  the  existing  free black  militia  disarmed,  and
otherwise exclude "free blacks from positions in which  they
were  required  to  bear arms," including such  non-military
functions  as  slave-catching crews.  The New  Orleans  city
government also stopped whites from teaching fencing to free
blacks,  and then, when free blacks sought to teach fencing,
similarly prohibited their efforts as well.[4]
  It  is  not  surprising  that  the  first  North  American
English  colonies,  then the states  of  the  new  republic,
remained  in  dread fear of armed blacks, for slave  revolts
against  slave owners often degenerated into less  selective
forms  of  racial warfare.  The perception that free  blacks
were  sympathetic to the plight of their enslaved  brothers,
and  the dangerous example that "a Negro could be free" also
caused the slave states to pass laws designed to disarm  all
blacks,  both  slave and free.  Unlike the gun control  laws
passed  after the Civil War, these antebellum statutes  were
for  blacks alone.  In Maryland, these prohibitions went  so
far  as  to prohibit free blacks from owning dogs without  a
license, and authorizing any white to kill an unlicensed dog
owned  by a free black, for fear that blacks would use  dogs
as  weapons.   Mississippi went further, and prohibited  any
ownership of a dog by a black person.[5]
  Understandably, restrictions on slave possession  of  arms
  go  back a very long way.  While arms restrictions on *free*
blacks predate it, these restrictions increased dramatically
after  Nat Turner's Rebellion in 1831, a revolt that  caused
the  South to become increasingly irrational in its  fears.[6]
Virginia's  response to Turner's Rebellion  prohibited  free
blacks  "to  keep  or carry any firelock of  any  kind,  any
military weapon, or any powder or lead..."  The existing  laws
under  which  free  blacks  were  occasionally  licensed  to
possess  or  carry  arms  was  also  repealed,  making  arms
possession  completely illegal for free blacks.[7]   But  even
before  this  action  by the Virginia  Legislature,  in  the
aftermath of Turner's Rebellion, the discovery that  a  free
black  family possessed lead shot for use as scale  weights,
without powder or weapon in which to fire it, was considered
sufficient  reason  for a frenzied mob  to  discuss  summary
execution  of  the  owner.[8]   The  analogy  to  the  current
hysteria where mere possession of ammunition in some  states
without a firearms license may lead to jail time, should  be
obvious.
  One  example of the increasing fear of armed blacks is the
1834 change to the Tennessee Constitution, where Article XI,
26  of  the  1796 Tennessee Constitution was  revised  from:
"That the freemen of this State have a right to keep and  to
bear  arms  for their common defence,"[9] to: "That  the  free
*white*  men of this State have a right to keep and to  bear
arms for their common defence."[10] [emphasis added]  It is not
clear what motivated this change, other than Turner's bloody
insurrection.  The year before, the Tennessee Supreme  Court
had  recognized  the  right to bear arms  as  an  individual
guarantee,  but  there  is nothing  in  that  decision  that
touches on the subject of race.[11]
  Other   decisions  during  the  antebellum   period   were
unambiguous  about  the importance of  race.   In  State  v.
Huntly   (1843),  the  North  Carolina  Supreme  Court   had
recognized  that there was a right to carry arms  guaranteed
under the North Carolina Constitution, as long as such  arms
were  carried  in a manner not likely to frighten  people.[12]
The  following year, the North Carolina Supreme  Court  made
one  of  those decisions whose full significance  would  not
appear  until  after  the  Civil  War  and  passage  of  the
Fourteenth Amendment.  An 1840 statute provided:
 
 That if any free negro, mulatto, or free person of color,
 shall  wear or carry about his or her person, or keep  in
 his  or  her house, any shot gun, musket, rifle,  pistol,
 sword, dagger or bowie-knife, unless he or she shall have
 obtained  a licence therefor from the Court of Pleas  and
 Quarter  Sessions of his or her county, within  one  year
 preceding  the wearing, keeping or carrying therefor,  he
 or  she  shall  be guilty of a misdemeanor,  and  may  be
 indicted therefor.[13]

  Elijah  Newsom, "a free person of color," was indicted  in
Cumberland  County  in June of 1843 for carrying  a  shotgun
without  a  license  -- at the very time the  North  Carolina
Supreme Court was deciding Huntly.  Newsom was convicted  by
a  jury;  but the trial judge directed a not guilty verdict,
and  the state appealed to the North Carolina Supreme Court.
Newsom's  attorney  argued that the statute  requiring  free
  blacks to obtain a license to "keep and bear arms" was  in
violation  of  both  the  Second  Amendment  to  the  U.  S.
Constitution, and the North Carolina Constitution's  similar
guarantee  of  a right to keep and bear arms.[14]   The  North
Carolina  Supreme Court refused to accept  that  the  Second
Amendment  was a limitation on state laws, but had  to  deal
with  the  problem  of the state constitutional  guarantees,
which had been used in the Huntly decision, the year before.
  The  17th  article of the 1776 North Carolina Constitution
declared:

  That  the  people have a right to bear  arms,  for  the
  defence of the State; and, as standing armies, in  time
  of  peace, are dangerous to liberty, they ought not  to
  be  kept up; and that the military should be kept under
  strict  subordination to, and governed  by,  the  civil
  power.[15]

  The  Court asserted that: "We cannot see that the  act  of
1840  is  in  conflict  with it...   The  defendant  is  not
indicted for carrying arms in defence of the State, nor does
the  act  of  1840  prohibit him from so doing."[16]   But  in
Huntly,  the  Court  had acknowledged that  the  restrictive
language "for the defence of the State" did not preclude  an
individual right.[17]  The Court then attempted to justify the
necessity of this law:
  
  Its only object is to preserve the peace and safety  of
  the community from being disturbed by an indiscriminate
  use,  on  ordinary occasions, by free men of color,  of
  fire  arms  or  other  arms of an offensive  character.
  Self preservation is the first law of nations, as it is
  of individuals.[18]

  The  North Carolina Supreme Court also sought to repudiate
the  idea  that free  blacks  were protected  by  the  North
Carolina Constitution's Bill of Rights by pointing out  that
the  Constitution  excluded free  blacks  from  voting,  and
therefore free blacks were not citizens.  Unlike a number of
other  state constitutions with right to keep and bear  arms
provisions  that  limited  this right  only  to  citizens,[19]
Article 17 guaranteed this right to the people -- and try  as
hard  as they might, it was difficult to argue that a  "free
person of color," in the words of the Court, was not one  of
"the people."
  It  is one of the great ironies that, in much the same way
that the North Carolina Supreme Court recognized a right  to
bear  arms  in 1843 -- then a year later declared  that  free
blacks  were  not included -- the Georgia Supreme  Court  did
likewise  before  the 1840s were out.  The  Georgia  Supreme
Court   found  in  Nunn  v.  State  (1846)  that  a  statute
prohibiting  the sale of concealable handguns,  sword-canes,
and daggers violated the Second Amendment:
  
  The  right  of  the whole people, old and  young,  men,
  women and boys, and not militia only, to keep and  bear
  arms  of every description, and not such merely as  are
  used by the militia, shall not be infringed, curtailed,
  or  broken in upon, in the smallest degree; and all  of
  this  for the important end to be attained: the rearing
  up  and qualifying a well-regulated militia, so vitally
  necessary to the security of a free State.  Our opinion
  is, that any law, State or Federal, is repugnant to the
  Constitution, and void, which contravenes  this  right,
  originally belonging to our forefathers, trampled under
  foot  by  Charles  I.  and  his  two  wicked  sons  and
  successors,  reestablished by the revolution  of  1688,
  conveyed to this land of liberty by the colonists,  and
  finally  incorporated conspicuously in  our  own  Magna
  Charta!   And Lexington, Concord, Camden, River Raisin,
  Sandusky, and the laurel-crowned field of New  Orleans,
  plead eloquently for this interpretation![20]

  Finally,  after this paean to liberty -- in a  state  where
much  of the population remained enslaved, forbidden by  law
to  possess arms of any sort -- the Court defined  the  valid
limits of laws restricting the bearing of arms:
  
  We  are of the opinion, then, that so far as the act of
  1837 seeks to suppress the practice of carrying certain
  weapons secretly, that it is valid, inasmuch as it does
  not  deprive the citizen of his natural right of  self-
  defence,  or  of his constitutional right to  keep  and
  bear  arms.   But  that so much of it,  as  contains  a
  prohibition against bearing arms openly, is in conflict
  with the Constitution, and void...[21]

  "Citizen"?  Within a single page, the Court had gone  from
"right  of  the whole people, old and young, men, women  and
boys"  to  the  much more narrowly restrictive  right  of  a
"citizen."  The motivation for this sudden narrowing of  the
right appeared two years later.
  The  decision  Cooper and Worsham v. Savannah  (1848)  was
not,  principally, a right to keep and bear arms  case.   In
1839,  the city of Savannah, Georgia, in an admitted  effort
"to  prevent  the increase of free persons of color  in  our
city,"  had  established a $100 per year tax on free  blacks
moving  into  Savannah from other parts of Georgia.   Samuel
Cooper  and  Hamilton Worsham, two "free persons of  color,"
were convicted of failing to pay the tax, and were jailed.[22]
On  appeal, counsel for Cooper and Worsham argued  that  the
ordinance establishing the tax was deficient in a number  of
technical  areas; the assertion of most interest to  us  is,
"In  Georgia,  free  persons  of color  have  constitutional
rights..."   Cooper and Worsham's counsel argued that  these
rights  included writ of habeas corpus, right  to  own  real
estate, to be "subject to taxation," "[t]hey may sue and  be
sued," and cited a number of precedents under Georgia law in
defense of their position.[23]
  Justice  Warner  delivered the Court's  opinion,  most  of
which is irrelevant to the right to keep and bear arms,  but
one  portion  shows  the  fundamental  relationship  between
citizenship,  arms, and elections, and why gun control  laws
were an essential part of defining blacks as "non-citizens":
"Free  persons of color have never been recognized  here  as
citizens;  they  are  not entitled to bear  arms,  vote  for
members  of the legislature, or to hold any civil office."[24]
The  Georgia  Supreme  Court did agree  that  the  ordinance
jailing Cooper and Worsham for non-payment was illegal,  and
ordered their release, but the comments of the Court made it
clear  that their brave words in Nunn v. State (1846)  about
"the right of the people," really only meant white people.
  While  settled  parts of the South were in great  fear  of
armed  blacks,  on the frontier, the concerns  about  Indian
attack  often  forced relaxation of these rules.   The  1798
Kentucky Comprehensive Act allowed slaves and free blacks on
frontier  plantations "to keep and use guns,  powder,  shot,
and  weapons,  offensive  and  defensive."   Unlike  whites,
however, a license was required for free blacks or slaves to
carry weapons.[25]
  The  need  for  blacks  to  carry  arms  for  self-defense
included  not  only the problem of Indian  attack,  and  the
normal  criminal attacks that anyone might worry about,  but
he  additional  hazard  that  free blacks were in danger  of
being kidnapped and sold into slavery.[26]  A number of states,
including  Ohio, Indiana, Illinois, Michigan, and Wisconsin,
passed  laws  specifically to prohibit  kidnapping  of  free
blacks, out of concern that the federal Fugitive Slave  Laws
would be used as cover for re-enslavement.[27]
  The  end of slavery in 1865 did not eliminate the problems
of  racist gun control laws; the various Black Codes adopted
after  the  Civil  War required blacks to obtain  a  license
before  carrying  or possessing firearms  or  Bowie  knives;
these   are  sufficiently  well-known  that  any  reasonably
complete history of the Reconstruction period mentions them.
These  restrictive gun laws played a part in the efforts  of
the  Republicans  to get the Fourteenth Amendment  ratified,
because  it  was difficult for night riders to generate  the
correct level of terror in a victim who was returning fire.[28]
It  does  appear,  however, that the  requirement  to  treat
blacks and whites equally before the law led to the adoption
of restrictive firearms laws in the South that were equal in
the  letter of the law, but unequally enforced.  It is clear
that the vagrancy statutes adopted at roughly the same time,
in  1866,  were  intended to be used  against  blacks,  even
though the language was race-neutral.[29]
  The  former states of the Confederacy, many of  which  had
  recognized the right to carry arms openly before the Civil
War,  developed  a very sudden willingness to  qualify  that
right.  One especially absurd example, and one that includes
strong  evidence of the racist intentions behind gun control
laws, is Texas.
  In  Cockrum v. State (1859), the Texas Supreme  Court  had
recognized  that there was a right to carry defensive  arms,
and  that  this  right was protected under both  the  Second
Amendment, and section 13 of the Texas Bill of Rights.   The
outer   limit  of  the  state's  authority  (in  this  case,
attempting to discourage the carrying of Bowie knives),  was
that  it could provide an enhanced penalty for manslaughters
committed  with  Bowie knives.[30]  Yet, by  1872,  the  Texas
Supreme  Court denied that there was any right to carry  any
weapon  for  self-defense under either the state or  federal
constitutions  -- and made no attempt to explain  or  justify
why the Cockrum decision was no longer valid.[31]
  What  caused  the dramatic change?  The following  excerpt
from  that  same decision -- so offensive that no  one  would
dare  make such an argument today -- sheds some light on  the
racism that apparently caused the sudden perspective change:
  
  The  law under consideration has been attacked upon the
  ground  that  it  was  contrary to public  policy,  and
  deprived  the  people of the necessary means  of  self-
  defense; that it was an innovation upon the customs and
  habits of the people, to which they would not peaceably
  submit...   We  will not say to what extent  the  early
  customs  and habits of the people of this state  should
  be  respected and accommodated, where they may come  in
  conflict with the ideas of intelligent and well-meaning
  legislators.  *A portion of our system of laws, as  well
  as  our  public morality, is derived from a people  the
  most  peculiar perhaps of any other in the history  and
  derivation  of  its  own system.  Spain,  at  different
  periods  of  the  world,  was  dominated  over  by  the
  Carthagenians, the Romans, the Vandals, the Snovi,  the
  Allani, the Visigoths, and Arabs; and to this day there
  are  found in the Spanish codes traces of the laws  and
  customs of each of these nations blended together in  a
  system  by  no  means  to be compared  with  the  sound
  philosophy  and  pure  morality of  the  common  law*.[32]
  [emphasis added]

  This particular decision is more open than most as to  its
motivations,  but throughout the South during  this  period,
the  existing  precedents that recognized a  right  to  open
carry  under  state  constitutional  provisions  were  being
narrowed, or simply ignored.  Nor was the reasoning that led
to  these changes lost on judges in the North.  In 1920, the
Ohio  Supreme Court upheld the conviction of a  Mexican  for
concealed  carry of a handgun--while asleep in his  own  bed.
Justice   Wanamaker's   scathing  dissent   criticized   the
precedents  cited  by  the  majority  in  defense  of   this
absurdity:

  I  desire to give some special attention to some of the
  authorities   cited,  supreme  court   decisions   from
  Alabama,  Georgia, Arkansas, Kentucky, and one  or  two
  inferior court decisions from New York, which are given
  in  support of the doctrines upheld by this court.  The
  southern   states  have  very  largely  furnished   the
  precedents.  It is only necessary to observe  that  the
  race  issue there has extremely intensified a  decisive
  purpose  to entirely disarm the negro, and this  policy
  is evident upon reading the opinions.[33]

  While  not  relevant  to  the  issue  of  racism,  Justice
Wanamaker's closing paragraphs capture well the  biting  wit
and  intelligence  of  this jurist, who  was  unfortunately,
outnumbered on the bench:
  
  I  hold that the laws of the state of Ohio should be so
  applied  and so interpreted as to favor the law-abiding
  rather than the law-violating people.  If this decision
  shall stand as the law of Ohio, a very large percentage
  of  the  good  people  of  Ohio to-day  are  criminals,
  because  they  are  daily committing criminal  acts  by
  having  these weapons in their own homes for their  own
  defense.   The  only safe course for  them  to  pursue,
  instead  of  having the weapon concealed  on  or  about
  their  person, or under their pillow at  night,  is  to
  hang  the revolver on the wall and put below it a large
  placard with these words inscribed:
  
  "The  Ohio supreme court having decided that  it  is  a
  crime  to  carry a concealed weapon on one's person  in
  one's  home, even in one's bed or bunk, this weapon  is
  hung upon the wall that you may see it, and before  you
  commit  any  burglary or assault, please, Mr.  Burglar,
  hand me my gun."[34]

  There  are other examples of remarkable honesty  from  the
state supreme courts on this subject, of which the finest is
probably  Florida Supreme Court Justice Buford's  concurring
opinion in Watson v. Stone (1941), in which a conviction for
carrying a handgun without a permit was overturned,  because
the handgun was in the glove compartment of a car:

  I  know  something of the history of this  legislation.
  The  original Act of 1893 was passed when there  was  a
  great influx of negro laborers in this State drawn here
  for  the  purpose of working in turpentine  and  lumber
  camps.   The  same condition existed when the  Act  was
  amended  in 1901 and the Act was passed for the purpose
  of  disarming the negro laborers and to thereby  reduce
  the   unlawful   homicides  that  were   prevalent   in
  turpentine  and  saw-mill camps and to give  the  white
  citizens in sparsely settled areas a better feeling  of
  security.  The statute was never intended to be applied
  to  the white population and in practice has never been
  so applied.[35]

  Today is not 1893, and when proponents of restrictive  gun
control insist that their motivations are color-blind, there
is   a   possibility  that  they  are  telling  the   truth.
Nonetheless,  there  are some rather  interesting  questions
that  should be asked today.  The most obvious question  is,
"Why should a police chief or sheriff have any discretion in
issuing  a  concealed handgun permit?"  Here in  California,
even  the state legislature's research arm--hardly a nest  of
pro-gunners--has admitted that the vast majority  of  permits
to  carry  concealed handguns in California  are  issued  to
white  males.[36]  Even if  overt  racism is not an issue,  an
official may simply have more empathy with an applicant of a
similar  cultural background, and consequently be more  able
to relate to the applicant's concerns.  As my wife pointedly
reminded  a  police official when we applied  for  concealed
weapon  permits, "If more police chiefs were  women,  a  lot
more  women  would  get  permits,  and  be  able  to  defend
themselves from rapists."
  Gun  control  advocates today are not  so  foolish  as  to
openly  promote  racist laws, and so the question  might  be
asked  what  relevance the racist past of gun  control  laws
has.   One  concern  is that the motivations  for  disarming
blacks  in  the  past are really not so different  from  the
motivations for disarming law-abiding citizens today. In the
last  century, the official rhetoric in support of such laws
was  that "they" were too violent, too untrustworthy, to  be
allowed  weapons.  Today, the same elitist rhetoric  regards
law-abiding  Americans  in  the  same  way,  as   child-like
creatures in need of guidance from the government.   In  the
last  century, while never openly admitted, one of the goals
of  disarming blacks was to make them more willing to accept
various   forms   of  economic  oppression,  including   the
sharecropping system, in which free blacks were  reduced  to
an   economic  state  not  dramatically  superior   to   the
conditions of slavery.
  In   the  seventeenth  century,  the  aristocratic   power
structure  of  colonial Virginia found itself confronting  a
similar  challenge  from  lower class  whites.   These  poor
whites  resented how the men who controlled  the  government
used that power to concentrate wealth into a small number of
hands.  These wealthy feeders at the government trough would
have  disarmed poor whites if they could, but the threat  of
both Indian and pirate attack made this impractical; for all
white  men  "were  armed  and had to  be  armed..."   Instead,
blacks,  who  had occupied a poorly defined  status  between
indentured  servant  and slave, were reduced  to  hereditary
chattel  slavery, so that poor whites could be  economically
advantaged,  without the upper class having to give  up  its
privileges.[37]
  Today,  the  forces that push for gun control seem  to  be
heavily  (though  not  exclusively)  allied  with  political
factions  that  are  committed  to  dramatic  increases   in
taxation  on the middle class.  While it would be  hyperbole
to compare higher taxes on the middle class to the suffering
and deprivation of sharecropping or slavery, the analogy  of
disarming  those whom you wish to economically disadvantage,
has a certain worrisome validity to it.
  Another  point  to consider is that in the American  legal
system,     certain    classifications    of    governmental
discrimination are considered constitutionally suspect,  and
these  "suspect classifications" (usually considered  to  be
race  and  religion) come to a court hearing under a  strong
presumption  of  invalidity.  The reason for these  "suspect
classifications"  is  because  of  the   long   history   of
governmental  discrimination based on these classifications,
and   because   these  classifications  often   impinge   on
fundamental rights.[38]
  In much the same way, gun control has historically been  a
tool of racism, and  associated  with racist attitudes about
black violence.  Similarly, many gun control laws impinge on
that most fundamental of rights: self-defense.  Racism is so
intimately  tied  to the history of gun control  in  America
that  we  should  regard gun control  aimed  at  law-abiding
people as a "suspect idea," and require that the courts  use
the    same   demanding   standards   when   reviewing   the
constitutionality of a gun control law, that they would  use
with respect to a law that discriminated based on race.
============================================================
  Clayton   E.  Cramer  is  a  software  engineer   with   a
telecommunications manufacturer in Northern California.  His
first  book, _By The Dim And Flaring Lamps:  The  Civil  War
Diary  of Samuel McIlvaine_, was published in 1990.  _For The
Defense  of Themselves And The State: The Original Intent  &
Judicial  Interpretation of the Right To Keep And Bear  Arms_
will be published by Greenwood/Praeger Press in 1994.


				   NOTES

  1 Thomas  N. Ingersoll, "Free Blacks in a Slave  Society:
New Orleans, 1718-1812", _William and Marry Quarterly_, 48:2
[April, 1991], 178-79.
  2 Daniel H. Usner, Jr., _Indians, Settlers, & Slaves in a
Frontier  Exchange  Economy: The  Lower  Mississippi  Valley
Before  1783_, (Chapel  Hill,  N.C.:  University  of   North
Carolina Press, 1992), 139, 165, 187.
  3 Michael C. Meyer and William L. Sherman, _The Course of
Mexican  History_, 4th  ed., (New  York,  Oxford  University
Press: 1991), 216.
  4 Ingersoll, 192-200. Benjamin Quarles, _The Negro in the
Making of America_, 3rd ed., (New York, Macmillan Publishing:
1987), 81.
  5 Theodore Brantner Wilson, _The Black Codes of the South_
(University of Alabama Press: 1965), 26-30.
  6 Stanley  Elkins, _Slavery_, (Chicago,  University   of
Chicago Press: 1968), 220.
  7 Eric  Foner, ed., _Nat Turner_, (Englewood Cliffs,  N.J.,
Prentice-Hall: 1971), 115.
  8 Harriet Jacobs [Linda Brant], _Incidents in the Life  of
a Slave  Girl_, (Boston: 1861), in Henry Louis  Gates,  Jr.,
ed., _The Classic Slave Narratives_, (New York, Penguin Books:
1987), 395-396.
  9 Francis Newton  Thorpe, _The  Federal   and   State
Constitutions, Colonial Charters, and Other Organic Laws  of
the  States,  Territories, and Colonies  Now  or  Heretofore
Forming   The   United   States  of  America_,   (Washington,
Government Printing Office: 1909), reprinted (Grosse Pointe,
Mich., Scholarly Press: n.d.), 6:3424.
  10 Thorpe, 6:3428.
  11 Simpson v. State, 5 Yerg. 356 (Tenn. 1833).
  12 State v. Huntly, 3 Iredell 418, 422, 423 (N.C. 1843).
  13 State v. Newsom, 5 Iredell 181, 27 N.C. 250 (1844).
  14  State  v.  Newsom, 5 Iredell 181,  27  N.C.  250,  251
(1844).
  15 Thorpe, 5:2788.
  16  State  v.  Newsom, 5 Iredell 181,  27  N.C.  250,  254
(1844).
  17 State v. Huntly, 3 Iredell 418, 422 (N.C. 1843).
  18  State  v.  Newsom, 5 Iredell 181,  27  N.C.  250,  254
(1844).
  19  Early state constitutions limiting the right  to  bear
arms  to  citizens:  Connecticut (1818),  Kentucky  (1792  &
1799), Maine (1819), Mississippi (1817), Pennsylvania  (1790
-- but not the 1776 constitution), Republic of Texas (1838),
State of Texas (1845).
  20 Nunn v. State, 1 Ga. 243, 250, 251 (1846).
  21 Nunn v. State, 1 Ga. 243, 250, 251 (1846).
  22 Cooper and Worsham v. Savannah, 4 Ga. 68, 69 (1848).
  23  Cooper  and  Worsham v. Savannah, 4  Ga.  68,  70,  71
(1848).
  24 Cooper and Worsham v. Savannah, 4 Ga. 68, 72 (1848).
  25 Juliet E. K. Walker, _Free Frank: A Black Pioneer on the
Antebellum  Frontier_, (Lexington, KY,  University  Press  of
Kentucky:  1983), 21.  This is an inspiring biography  of  a
slave  who, through hard work moonlighting in the production
of  saltpeter (a basic ingredient of black powder) and  land
surveying, saved enough money to buy his wife, himself,  and
eventually  all  of  his children and grandchildren  out  of
slavery  -- while  fighting  against  oppressive  laws   and
vigorous racism.  Most impressive of all, is that he did  it
without ever learning to read or write.
  26 Walker, 73.
  27 Stephen Middleton, _The Black Laws in the Old Northwest:
A Documentary  History_,  (Westport,  Conn., Greenwood  Press:
1993), 27-32, 227-240, 309-314, 353-357, 403-404.
  28 Michael   Les  Benedict,  _The  Fruits   of   Victory:
Alternatives to Restoring the Union_, 1865-1877,  (New  York,
J.B.  Lippincott  Co.:  1975), 87.   Francis  L.  Broderick,
_Reconstruction  and the American Negro, 1865-1900_,  (London,
Macmillan Co.: 1969), 21.  Dan T. Carter, _When The  War  Was
Over: The Failure of Self-Reconstruction in the South, 1865-
1867_, (Baton Rouge, Louisiana State University Press: 1985),
219-221.   Eric Foner, _Reconstruction_, (New York,  Harper  &
Row: 1988), 258-259.
  29 Foner, _Reconstruction_, 200-201.
  30 Cockrum v. State, 24 Tex. 394, 401, 402, 403 (1859).
  31 English v. State, 35 Tex. 473, 475 (1872).
  32 English v. State, 35 Tex. 473, 479, 480 (1872).
  33  State  v. Nieto, 101 Ohio St. 409, 430, 130  N.E.  663
(1920).
  34  State  v. Nieto, 101 Ohio St. 409, 436, 130  N.E.  663
(1920).
  35 Watson v. Stone, 4 So.2d 700, 703 (Fla. 1941).
  36 Assembly Office of Research, _Smoking Gun: The Case For
Concealed  Weapon  Permit  Reform_, (Sacramento,  State   of
California: 1986), 5.
  37 Edmund  S. Morgan, "Slavery and Freedom: The  American
Paradox,"  in Stanley N. Katz, John M. Murrin,  and  Douglas
Greenberg, ed.,  _Colonial America: Essays in  Politics  and
Social  Development_, 4th ed., (New York:  McGraw-Hill, Inc,
1993), 280.
  38 Thomas  G.  Walker, "Suspect Classifications",  _Oxford
Companion  to  the Supreme Court of the United States_,  (New
York, Oxford University Press: 1992), 848.
-- 
Clayton E. Cramer {uunet,pyramid}!optilink!cramer  My opinions, all mine!
Violence on TV?  Why can't it be on CSPAN?