The Citizen-Soldier



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Notes

i David C. Douglas, ed. English Historical Documents. 5 vols. London: Oxford University Press, 1956, 2: 416-17.

ii Assize of Arms of 1181 in Bruce D. Lyon, ed., A Constitutional and Legal History of Medieval England. New York: Oxford University Press; 2d ed., 1980, 273.

iii. J. J. Bagley and P. B. Rowley, eds., A Documentary History of England, 1066-1540. 2 vols. New York: Cambridge, 1965, 1: 155-56. The document was dated 1253.

iv Charles Warren Hollister, The Military Organization of Norman England. Oxford: at the Clarendon Press, 1965, 12-13,

v Lindsay Boynton, The Elizabethan Militia, 1558-1638. London: Routledge and Keegan Paul, 1967, xvii.

vi Ronald B. Levine and David B. Saxe, "The Second Amendment: The Right to Bear Arms," Houston Law Review, 7 [1969]: 8. Author's capitaliza­tion.

vii Etymological Dictionary of the English Language. London: Oxford University Press, 1888).

viii Samuel McClintock, A Sermon Preached Before the . . . Council . . . and senate and House of Representatives of the State of New Hampshire, June 3, 1784, on Occasion of the Commencement of the New Constitution . . . . Portsmouth, N. H.: Robert Gerrish, 1784.

ix Jim Dan Hill. The Minuteman in War and Peace. Harrisburg, Pa.: Stackpole, 1963, 28-31.

x Inspector-General of the Norwegian Home Guard, A Survey of the Norwegian Home Guard. Oslo: Government of Norway, May 1955, especially 12-13.

xi Otto Heilbrunn. Partisan Warfare. New York: Praeger, 1962, 111-12.

xii Quincy Wright. A Study of War. Chicago: 2d ed.; University of Chicago, 1965, 304ff.

xiii United States v. Miller, 307 U.S. 174, 179-180. Similar state court opinions include, Aymette v. State, 21 Tenn. [2 Humph.] 154, and Andrews v. State, 50 Tenn. [3 Heisk.] 165. Miller was based heavily on the language, arguments and philosophy expressed in the two state cases.

xiv Thomas Paine wrote that "[t]his continent hath at this time the largest body of armed and disciplined men of any power under Heaven." Collected Works of Thomas Paine. 3 vols. New York: Scribner's, 1937, 1: 31.

xv Presser v. Illinois, 116 U.S. 252, 265.

xvi James Harrington. Political Works. ed. J. Pocock. New York: Cam­bridge University Press, 1977, 696.

xvii Ibid., 443.

xviii Ibid., 109.

xix Adam Smith. Wealth of Nations. New York: Modern Library, 1937, 660. This work was originally published in 1776.

xx Hilliard d'Auberteuil. Essai historiques et politiques sur les Anglo-Americains. 2 vols. Brussels, Belgium: n. p., 1782), 2: 107. Translation by author.

xxi Comte de Guibert, Essais General de Tactique . . . . (Liege: n. p., 1771), xxii, 9. Author's translation.

xxii James A. H. Murray. A New English Dictionary of Historical Principles. 8 vols. London: Oxford University Press, 1908, 4: 439.

xxiii Simeon Howard, "A Sermon Preached to the Ancient and Honorable Artillery Company in Boston," [Boston, 1773], in Charles Hyneman and Donald S. Lutz, eds. American Political Writing during the Founding Era, 1760-1805. 2 vols. (Indianapolis, In.: Liberty Classics, 1983), 1: 199.

xxiv. Joseph Story. Commentaries on the Constitution of the United States. 3 vols. Boston, Mass.: Hilliard, Gray, 1833, 2: 607

xxv Benjamin Franklin, "Comments on the Pennsylvania Militia Act of 1755," in Ralph Ketcham, ed., The Political Thought of Benjamin Franklin. Indianapo­lis, In.: Liberty Classics, 1965, 127-30.

xxvi Earl Warren, "The Bill of Rights and the Military," New York Law Review, 37 [1962]: 181-90 at 183-84.

xxvii Daniel Boorstin. The Americans: The Colonial Experience. 0New York: Vintage, 1958, 356.

xxviii See Steven C. Halbrook, "The Jurisprudence of the Second and Fourteenth Amendments," George Mason Law Review, 4 [1981]: 1-26.

xxix Sources of American Independence. ed. H. Peckham. 2 vols. Chicago: University of Chicago Press, 1978, 1: 176.

xxx Russell Weigley. History of the United States Army. New York: Macmil­lan, 1967, 3-4.

xxxi T. H. Breen, "English Origins and New World Development: The Case of the Covenanted Militia in Seventeenth Century Massachusetts," Past and Present, 58 [1972]: 3-25.

xxxii This objection to excess militarism on Sundays was repeated in the 1760s. This time it was the practice of the British army stationed at Boston that upset the citizenry. New York Journal, Supplement, 13 and 20 July 1769.

xxxiii Lindsay Boynton, The Elizabethan Militia, 1558-1638. London: Routledge and K. Paul, 1967, 246-50.

xxxiv Boynton, Elizabethan Militia, 275-93.

xxxv John Shy. Toward Lexington. Princeton, N.J.: Princeton University Press, 1965; Darrell Rutman, "A Militant New World, 1607-1640" University of Virginia Ph. D. dissertation, 1959.

xxxvi Benjamin P. Poore, ed. The Federal and State Constitutions, Colonial Charters and Other Organic Laws of the United States. 2 vols. Washington: U. S. Government Printing Office, 1877, 1: 925-29.

xxxvii Oliver A. Roberts. History of the . . . Ancient and Honorable Artillery Company of Massachusetts, 1637-1888. Boston: Mudge, 1895, 1: 1-3; L. E. DeForest. Captain John Underhill: Gentleman, Soldier of Fortune. New York: Underhill Society of America, 1934, 6-7, 28; John Winthrop. History of New England. J. K. Hosmer, ed. New York: Holt, 1908, I: 78; 2: 153-54.

xxxviii Records of the Governor and Company of Massachusetts Bay in New England. Nathaniel B. Shurtleff, ed. 5 vols. Boston: State of Massachu­setts, 1854. 2: 222; 4, part 2: 575; 5: 48, 71, 76, 123, 144-45; The Compact with the Charters and Laws of the Colony of New Plymouth. William Brigham, ed. Boston: State of Massachusetts, 1836. Records of the Colony of New Plymouth in New England. Nathaniel Shurtleff, ed. 10: 360. Hereinaf­ter cited as Plymouth Col. Rec.

xxxix Thomas Hooker. A Survey of the Summe of Church Disciple. London: Bellamy, 1648, I: 47.

xl The Colonial Laws of Massachusetts Reprinted from the Edition of 1660, with Supplements to 1672, Containing also the Body of Liberties of 1641. W. H. Whitmore, ed. Boston: State of Massachusetts, c.1860, 35.

xli David D. Hall. Worlds of Wonder, Days of Judgment: Popular Religious Beliefs in Early New England. New York: Knopf, 1989, 169-72.

xlii New York Journal, Supplement, 27 April 1769.

xliii Sir Charles Hardy to the Earl of Halifax, dated 7 May 1756, in Stanley Pargellis, editor. Military Affairs in North America, 1748-1756. Hampden, Ct.: Anchor, 1969, 172.

xliv Winthrop, History of New England, 1: 79.

xlv Winthrop, History of New England, 1: 125; Massachusetts Colonial Records, 1: 187-88; Sharp, "Leadership and Democracy," 256-58; Edward Johnson, The Wonder Working Providence of Sions Savior in New England [1654]. J. F. Jameson, ed. New York: Scribner's, 1910, 231; Breen, "English Origins," 84.

xlvi Winthrop, History of New England, 3: 503-04; 4: 106; Massachu­setts Colonial Records, 1: 221, 231.

xlvii John R. Alden. A History of the American Revolution. New York: Knopf, 1969, 253.

xlviii Shy, Toward Lexington, 3.

xlix Louis Morton, "The Origins of American Military Policy," Military Affairs, 22 [1958]: 75-82; Daniel Boorstin. Americans: The Colonial Experience. New York: Vintage, 1958, 341-72; Shy, Toward Lexington, 3-4.

l ed. by William Aspinwall. London: Aspinwall, 1641, chapter 3.

li Plymouth Col. Rec., 1: 360.

lii Plymouth Col. Rec., 5: 74-76; 9: 12, 22, 45, 105; 10: 357-58; Mass. Col. Rec., 3: 39, 311; 5: 69.

liii Plymouth Col. Rec., 9: 27.

liv Viola Barnes. Dominion of New England. New York: Kennikat, 1960, 229.

lv Ibid., 262.

lvi "Address of Divers Gentlemen, Merchants and Others of Boston, to the King," dated 25 January 1691, Calendar of State Papers: America and West Indies., 13: 212.

lvii Calendar of State Papers: America and West Indies, 13: 514.

lviii Gersham Bulkeley, "Will and Doom, or, the Miseries of Connecticut by and under an Usurped and Arbitrary Power" [1692] in Collections of the Connecticut Historical Society, 3 [1861]: 70-269 at 240f.

lix "Order of Simon Bradstreet, Governor of the Massachusetts Conven­tion," dated 17 July 1689, Connecticut Archives, 2: 10.

lx dated 9 May 1690, in New York Colonial Documents, 3: 729.

lxi Massachusetts Archives, 2: 211-12; Herbert L. Osgood, The American Colonies in the Eighteenth Century, 1: 100-03.

lxii Herbert L. Osgood, American Colonies in the Seventeenth Century. New York: Macmillan, 1904-07, 1: 102-03; New York Colonial Documents, 4: 13.

lxiii The Acts and Resolves of the Province of Massachusetts Bay. 17 vols. Boston: State of Massachusetts, 1869-1910, 7: 418.

lxiv Governor Fletcher to John Trenchard, dated 10 November 1693, quoted in John G. Palfrey. History of New England. Boston, 1890, 4: 225-27.

lxv Rhode Island Colonial Records, 3: 296.

lxvi Mathew P. Andrews. History of Maryland. Chicago: Clarke, 1925, 209-10.

lxvii Osgood, American Colonies, 1: 151-52, 267-69; New York Colonial Documents, 4: 259-61; Calendar of State Papers: America and West Indies, 15: 318.

lxviii Archibald Hanna, Jr. "New England Military Institutions, 1693-1750" Ph. D. dissertation, Yale University, 1951; Frederic de Peyster. The Life and Administration of Richard, Earl of Bellomont. 2 vols. New York: New York Historical Society, 1879, 31-32, 57.

lxix See de Peyster, Earl of Bellomont.

lxx Everett Kimball. The Public Life of Joseph Dudley, 1660-1775. New York: Harvard Historical Studies, 1911, 15: 75, 120, 143-48.

lxxi Kimball, Joseph Dudley, 143-47; Palfrey, New England, 4: 359-62; Harry M. Ward. Unite or Die: Intercolony Relations, 1690-1763. Port Washington: Kennikat, 1971, ch. 2.

lxxii Shy, Toward Lexington, 14.

lxxiii Shy. Toward Lexington, 26-29.

lxxiv Boston Evening Post, 29 April 1754.

lxxv Pennsylvania Journal, 9 May 1754.

lxxvi Pennsylvania Journal, 9 May 1754.

lxxvii Pennsylvania Journal, 18 July 1754.

lxxviii Shy, Toward Lexington, 29-33.

lxxix Collections of the Connecticut Historical Society, 15 [1914]: 89-95. The document was signed by Samuel Welles, Robert Hale, and Oliver Partridge for Massachusetts; Phineas Livingston, Joseph Murray, William Nicholl, Henry Cruger, and Philip Vanplanck for New York; and Thomas Fitch and Benjamin Hall for Connecticut.

lxxx George Clinton, "A Circular Letter. . . ." in Clinton-Glen Correspon­dence, microfilm, Clements Library, 18 January 1750.

lxxxi Ibid., 13 April 1751.

lxxxii New York Colonial Documents [N.Y.C.D.], 6: 708-10; Colonial Records of South Carolina: Documents Relating to Indian Affairs [S.. C. Indian Doc.], 1; 33-34.

lxxxiii Lois Mulkearn, "Why the Indian Treaty of Logstown, 1752?" Virginia Magazine of History and Biography, 54 [1951]: 7-10.

lxxxiv S. C. Indian Doc., 1: 138.

lxxxv Jonathan Belcher to New York Assembly, 29 April 1754.

lxxxvi William Shirley's speech was reported in the Boston Evening Post, 19 April 1754.

lxxxvii Pennsylvania Journal, 16 May 1754.

lxxxviii Collections of the Massachusetts Historical Society, 7: 214.

lxxxix Pennsylvania Colonial Records, 6: 58.

xc Pennsylvania Journal, 30 May 1754.

xci Pennsylvania Colonial Records, v: 721.

xcii 1 New Jersey Archives 19: 361.

xciii Pa. Col. Rec. 6: 25.

xciv 4 Pennsylvania Archives 2: 284.

xcv Pennsylvania Gazette, 9 May 1754.

xcvi Pennsylvania Gazette, 9 May 1754.

xcvii Ibid.

xcviii John R. Alden, "The Albany Congress and the Creation of the Indian Superintendencies." Mississippi Valley Historical Review, 27 [1940]: 193-210.

xcix Chester Hale Sipe. Indian Wars of Pennsylvania. Harrisburg: Pennsylva­nia Historic and Museum Commission, 1929, 173; William Livingston. A Review of Military Operations in North America, from the Commencement of the French Hostilities on the Frontiers of Virginia in 1753, to the Surrender of Oswego on the 14th of Agust 1756. . . . in Collections of the Massachusetts Historical Society, 1st series, 7 [1801]: 67-163.

c Lawrence Henry Gipson. The British Empire Before the American Revolution. New York, 1942, 5, chapter v; Collections of the Massachusetts Historical Society, 7: 75.

ci Ibid.

cii Documents Relative to the Colonial History of the State of New York [N. Y. C. D.], 6: 860.

ciii Hampton L. Carson. The Constitution of the United States. Philadelphia, 1889, 2: 472-74; Lawrence Henry Gipson, "Thomas Hutchinson and the Framing of the Albany Plan of Union." Pennsylvania Magazine of History and Biography, 74 [1950]: 3-28. Gipson noted that a manuscript copy of this document is stored in the Pennsylvania Archives as Document 677.

civ N. Y. C. D., 6: 893-96.

cv A. C. Bates, ed. "Fitch Papers, Volume 1" Collections of the Connecticut Historical Society, 17 [1918]: 20-29.

cvi Ibid.; Collections of the Massachusetts Historical Society, 7 [1846].

cvii Collections of the Connecticut Historical Society, 17: 25-29.

cviii N. Y. C. D., 6: 863.

cix N. Y. C. D., 6: 864.

cx N. Y. C. D., 6: 864; New York Historical Collections, 53 [1920]: 458.

cxi Smyth, Writings of Franklin, 3: 243.

cxii Ibid., 1: 387.

cxiii The Committee was composed of Thomas Hutchinson of Massachu­setts; Theodore Atkinson of New Hampshire; William Pitkin of Connecticut; Stephen Hopkins of Rhode Island; William Smith of New York; Benjamin Tasker of Maryland; and, of course, Franklin representing Pennsylvania. N. Y. C. D., 6: 860.

cxiv P. O. Hutchinson, ed. Diary and Letters of Thomas Hutchinson. Boston, 1884, 1: 55.

cxv Thomas Hutchinson. The History of the Colony and Province of Massachusetts Bay. ed. L. S. Mayo. Cambridge: Harvard University Press, 1936, 2: 16.

cxvi Jared Sparks, ed. The Works of Franklin. Boston, 1840, 3: 36.

cxvii N. Y. C. D., 6: 860.

cxviii Smyth, Writings of Franklin. 1: 387.

cxix N. Y. C. D., 6: 860.

cxx Ibid., 6: 864.

cxxi Ibid., 6: 868.

cxxii Franklin to Peter Collison, 29 December 1754, in Smyth, Writings of Franklin, 3: 243.

cxxiii Ibid., 3: 205-07.

cxxiv Massachusetts Archives, 4: 463.

cxxv Collections of the Connecticut Historical Society, 27: 24.

cxxvi Ibid., 27: 20.

cxxvii N. Y. Historical Society Collections 5 [1830]: 185.

cxxviii Massachusetts Archives, 4: 471.

cxxix The delegation included John Chandler, Samuel Welles, Jr., Oliver Partridge, John Worthington and Thomas Hutchinson.

cxxx Bates, Fitch Papers, 1: 20.

cxxxi Gipson, "Thomas Hutchinson," 14.

cxxxii Ibid., 16.

cxxxiii Collections of the Connecticut Historical Society, 27: 23-29.

cxxxiv Ibid., 26.

cxxxv Gipson, "Thomas Hutchinson," 16-18.

cxxxvi N. Y. C. D., 6: 868.

cxxxvii Ibid., 6: 875, 877, 885.

cxxxviii R. Frothingham. Rise of the Republic of the United States. Boston: Little Brown, 1872, 140-41. See also V. L. Parrington. The Colonial Mind, 1620-1800. New York: Vintage, 1927, 14-206.

cxxxix Gipson, The British Empire, 5: chapter 5.

cxl Collections of the Massachusetts Historical Society, 7: 213.

cxli Ibid., 7: 207-09. Members of the Committee who signed the report included William Pitkin, Jonathan Trumble, Joseph Fowle, Joseph Pitkin, Jabez Hamlin, John Hubbard, Theophilus Nichols, and John Ledyard.

cxlii Ibid., 7: 210-14.

cxliii Pennsylvania Journal, 17 October 1755.

cxliv Pennsylvania Journal, 31 October 1755.

cxlv Massachusetts Historical Society Collections, 7: 128-29. Copy of a Letter from Dr. William Clarke, of Boston, to Benja­min Franklin, Esq. of Philadelphia.
Boston, February 3, 1755. Dear Sir, When you was in Boston I thought you a wise man; that you had some knowledge of human nature and politics, as well as of natural philosophy; but if your have no greater pretensions to the latter, than you have to the former; I am afraid lest you be obliged to give up all claim to either; for it has been proved to give up all claim to either; for it has been proved by some of our own wise men and boys, (for they are sufficient for that) even to a demonstration, before a large body of people assembled in town meeting, that you and the rest of the commissioners at Albany have strewn yourselves, by the protected plan for an union, to be arrant blockheads; and, at the same time, to have set up a scheme for the destroying the liberties and privileges of every British subject upon the continent; but this, so thinly disguised and covered, that the meanest creature in the world could see through it in an instant. For my part, I was so confounded that I had entertained so good an opinion of you and some other gentlemen, and that it was generally known, that I would fain have got out of the assembly, for fear I should be pointed at, but the throng was so great that I could not break through. But, all joking apart, I was much surprised at the management; as for the talk of generality that spoke upon the subject, it was no other than what was to be expected from the men; but one gentlemen, upon whom there was great depen­dence, when he stood up, spoke so little to the purpose, that I was almost provoked to break through the resolution that I had main­tained, through the whole, of not entering into any argument upon such a subject, before such an auditory: However, after much debate, being willing to prevent, if possible, the town's taking so ridiculous a step as I find they were like to, I endeav­ored to persuade them that it was highly improper that a thing of this nature should be brought before a town meeting. If these things were to come there, there was no occasion for any General Court, and that it was dissolving all government, and reducing every thing to a slate of nature. That that assembly were not, nor could not be, proper judges of the propriety or impropriety of what was then laid before them; but supposing they could get over this, that a least it was a matter of such great impor­tance, complex nature, and vast extent, that at least if required some time, for persons that were judges, to weigh every part in their own mind, before they came to any judgment about it; and that they ought not to come to a hasty determination, within a few hours after first hearing it read; and therefore moved that nothing might be determined by the town, but that it might be left to the judgment and direction of their representatives; or at least, that it might be put off for some longer time; but it was so very plain a case that a vote was carried, but a very great majority as you have heard. As to the pamphlet, it is pretty much in the same situation yet, as it was then you left us. But I hope by the next post to be able to send you one. Mr. Hunter has had a sad time of it, but has borne it with great patience, and when beginning to get better, with great cheerfulness. He is now sitting up, reading Lord Bacon, but is plainly uneasy, he cannot come at Lord Bolingbroke's posthumous pieces. You will gear from him undoubtedly this soft. I hope I may, when this comes to your hands, congratulate you upon your safe arrival to your family, and finding all well there. The governour does not know of my writing, or I am sure he would lay his commands upon me to send you his compliments. He is just as he was when you was here, unless, if possible, fuller of business. May we meet together in less than fifty years. I am, dear sir, with the greatest esteem, your soft affectionate, humble servant, William Clarke.

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