American Legal History

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GunCulture 15 - 11 Apr 2010 - Main.JuliaS
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"Then came, Oscar, the time of the guns.
    And there was no land for a man, no land for a country,
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Introduction

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[Guns remain an enigmatic symbol in America society - an emblem of [liberty, independence, power, strength, masculinity, fear, oppression, conquest]. America's relationship with its guns today is a... How did it get to be that way?]

My research project is based on the simple inquiry: how were guns regulated in the Colonial America? It is a question that is (relatively) easy to answer using primary sources; the who, what, where, when and how of early American gun regulation can be read right from the statutes. But the ease of the inquiry belies the magnitude of its implications. The Colonial statutes tell a story of fear and domination - a fragile and paranoid population of foreigners, trying desperately to exclude, suppress and subjugate every other they encountered. Firearm regulation provides a clear example of the modalities of power and violence that enabled the colonialist project.

 
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The goal of my project is to understand the gun culture of Colonial America. What did guns represent to the early settlers? How were they viewed? What role did they play in society?
 
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I will start by looking at the basic ways in which guns were regulated: Who could own a gun in the early American colonies? Where could guns be carried? Were there restrictions on the types of guns allowed or the purposes for which guns could be used?
 

Gun Regulations


GunCulture 14 - 08 Apr 2010 - Main.JuliaS
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"Then came, Oscar, the time of the guns.
    And there was no land for a man, no land for a country,
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  *p 50 It is prohibited to "run[] where any quarrel is a foote, and companies gathered together, furnished with other Armes then his sword" and to "not repairing to the place of Armes, or Colors at the publique beating of the Drum," or " Of wilfully firing any place, without order from the superior officer," or "Of a souldier being found unfurnished of his armes . . .(3.43)"
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Records of the Colony of Rhode Island

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Other Documents

In his 1588 report on the status of the Virginia Colony, Thomas Hariot (a subordinate of Sir Walter Raleigh), includes guns among the list of things which "so far exceeded" the capacity of the native peoples "to comprehend the reason and means how they should be made and done, that they thought they were rather the works of gods then of men, or at the leastwise they had been given and taught us of the gods." Other items on this list included books and "spring clocks that seemed to go off by themselves." Hariot also mentions using "caleevers" to shoot black bears.

In his instructions for the settling of Virginia, John Smith warned colonists: "And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons; for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows. And whensoever any of yours shoots before them, be sure they may be chosen out of your best marksmen; for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you."

George Percy's Observations: - "There the Captaine landed all his men being well fitted with Muskets and other convenient Armes, marched a mile into the Woods; being commanded to stand upon their guard, fearing the treacherie of the Indians, which is an ordinary use amongst them and all other Savages on this Ile, we came to a Bath standing in a Valley betwixt two Hils." - "The eighteenth day, the Werowance of Paspihae came himselfe to our quarter, with one hundred Savages armed, which garded him in a very warlike manner with Bowes and Arrowes, thinking at that time to execute their villainy. Paspihae made great signes to us to lay our Armes away. But we would not trust him so far: he seeing he could not have convenient time to worke his will, at length made signes that he would give us as much land as we would desire to take. [Land given. These Savages are naturally great theeves.] As the Savages were in a throng in the Fort, one of them stole a Hatchet from one of our company, which spied him doing the deed: whereupon he tooke it from him by force, and also strooke him over the arme: presently another Savage seeing that, came fiercely at our man with a wooden sword, thinking to beat out his brains. The Werowance of Paspiha saw us take to our Armes, went suddenly away with all his company in great anger."

 

Long Guns

The Militia

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Broader Implications

Colonialism and Power

Class, Race and the de facto caste system

Modern Parallels

 

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"Then came, Oscar, the time of the guns.
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The Blue Laws of Connecticut

  • Context
    • Enacted by the General Court in 1650
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    • No mention of arms in earlier codes ("Fundamental Orders of 1639," "Constitution of the Colony of New Haven," etc.) - these codes focused on the structure an powers of government, no mention of any individual rights or liberties.
 
  • Indians
    • Any Indian who shall "meddle with, or handle any English mans weapons of any sorte, either in theire howses, or in the fields, they shall forfeit for every such default a half a fathom of wampum."
    • No man shalle "amend, repaire, or cause to be amended or repared, any gunn, small or great, belonging to any indian, nor shall indeavor the same, nor shall sell nor give to any indian . . any such gunn, nor any gunpowder or shott, or lead, or shott mould, or any military weapon or weapons, armor, or arrowe heads".

GunCulture 12 - 04 Apr 2010 - Main.JuliaS
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"Then came, Oscar, the time of the guns.
    And there was no land for a man, no land for a country,
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 - Carl Sandburg
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Introduction


GunCulture 11 - 04 Apr 2010 - Main.JuliaS
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"Then came, Oscar, the time of the guns.
    And there was no land for a man, no land for a country,
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  *p 50 It is prohibited to "run[] where any quarrel is a foote, and companies gathered together, furnished with other Armes then his sword" and to "not repairing to the place of Armes, or Colors at the publique beating of the Drum," or " Of wilfully firing any place, without order from the superior officer," or "Of a souldier being found unfurnished of his armes . . .(3.43)"
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Records of the Colony of Rhode Island

 

Long Guns


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