-
Do Second Amendment “Arms” Include Cannons?
“Congress have no power to disarm the militia. Their swords, and every other terrible implement of the soldier, are the birthright of an American… The unlimited power of the sword is not in the hands of either the federal or state government, but, where I trust in God it will ever remain, in the hands of the people.” -Tench Coxe, Pennsylvania Gazette, Feb. 20, 1788
“The word ‘arms’ in the connection we find it in the Constitution of the United States, refers to the arms of a militiaman or soldier, and the word is used in its military sense. The arms of the infantry soldier are the musket and bayonet; of cavalry and dragoons, the saber, holster pistols and carbine; of the artillery, the field piece, siege gun, and mortar, with side arms.” -English v State, Texas 473, 476 (1871-2)
“Cannon are constantly manufactured, when demanded, to a very considerable extent, in the public armories of the nation, and of the States, and on contracts, and for sale to associations of citizens, and to individual purchasers, for use at home, or for exportation.” Tench Coxe, Dec, 8, 1812, Report of Acting Secretary of the Treasury; Digest of Manufacturers; American State Papers, 1832
[11] To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
Section 8: Powers of Congress
US ConstitutionDefinition from Webster’s 1828 dictionary (implicit ownership of cannons by private citizens):
M`ARQUEM`ARK , n. Letters of marque are letters of reprisal; a license or extraordinary commission granted by a sovereign of one state to his subjects, to make reprisals at sea on the subjects of another, under pretense of indemnification for injuries received. Marque is said to be from the same root as marches, limits, frontiers, and literally to denote a license to pass the limits of a jurisdiction on land, for the purpose of obtaining satisfaction for theft by seizing the property of the subjects of a foreign nation. I can give no better account of the origin of this word.
1. The ship commissioned for making reprisals.