-Caveat Lector-

http://reason.com/0101/cr.jm.concealed.html

       REASON * January 2001

Concealed Weapons
The controversial book Arming America has the facts all wrong.

By Joyce Lee Malcolm

Arming America: The Origins of a National Gun Culture, by Michael A.
Bellesiles, New York:
Alfred A. Knopf, 640 pages, $30

Five months before the publication of Arming America, without seeing the
text, The New York
Times endorsed its author’s claim that few guns, let alone a gun culture,
existed in America prior to the Civil War. This was just the beginning of
the media blitz that would greet the book. A glowing treatment by Garry
Wills adorned the cover of The New York Times Book Review; congratulatory
reviews appeared in The Washington Post, the Chicago Tribune, and other
papers; the author, Emory University historian Michael Bellesiles, was
interviewed on National Public Radio and had an essay in The Chronicle of
Higher Education. Reviewers have hailed Arming America as a "myth-buster"
that "changes everything," a book destined to raise the gun control debate
to a more "fact-based and rational level."

If the point at which America became a "gun culture" seems too academic an
issue to arouse such intense excitement, the tributes on the book’s dust
jacket make it clear that something else is afoot. "Thinking people who
deplore Americans’ addiction to gun violence have been waiting a long time
for this information," says Stewart Udall, the former congressman and
secretary of the interior. For those still uncertain why thinking people
have been waiting for this, or what the "everything" is that has changed,
Cornell University historian Michael Kammen cites the book’s "inescapable
policy implications." As those blurbs suggest, Arming America has been
enthusiastically embraced by gun control advocates as an aid in their
effort to persuade Americans (and their courts) that they do not have, and
never have had, a constitutional right to be armed.

Any book that can raise the level of debate on any subject, especially one
as emotional as gun control, is certainly welcome. The key to a book’s
value, however, is not whether its findings are those any of us "have been
waiting a long time for" but whether they are, in fact, correct. Before
considering whether Arming America has indeed shattered a myth, it might be
helpful to reflect on why gun control advocates are so excited about a book
that, even if accurate, seems only tangentially related to their cause.

Behind the hype is the cantankerous debate over the meaning of the Second
Amendment’s single
sentence: "A well regulated Militia being necessary to the security of a
free State, the right of the people to keep and bear Arms, shall not be
infringed." This debate has fallen prey to a passionate political agenda.
Proponents of gun control are convinced that guns in the hands of
individuals are to blame for violence in America. Their effort to strictly
control, if not eliminate, those guns conflicts with the belief held by
most Americans that "the right of the people to keep and bear arms" applies
to them. Hence the Second Amendment has been subjected to intense and
critical scrutiny.

Some commentators have argued that the awkwardly worded article guarantees
only members of a well-regulated militia, such as today’s National Guard, a
right to be armed. According to this view, the amendment protects a
"collective right" for particular groups. By 1975 the issue had become so
confused that the members of an American Bar Association committee charged
with sorting it out threw up their hands and announced, "It is doubtful
that the Founding Fathers had any intent in mind with regard to the meaning
of this Amendment."

Since then scholars from various fields have delved into the matter and
found overwhelming
contemporary evidence that the Founders inherited and meant to guarantee an
individual right, and none to support the notion that a collective right
was intended. This body of work has persuaded such eminent constitutional
scholars as Lawrence Tribe and Leonard Levy that the Second Amendment
protects an individual right.

Opponents of this view have come up with new, increasingly tenuous
arguments. First came the claim that the phrase bear arms was used
exclusively in a military context, so its inclusion in the Second Amendment
must refer only to militia members. Yet in early American discourse, bear
arms often referred to simply carrying a weapon, as a 1998 Supreme Court
decision found it still does. (The Second Amendment, of course, also
protects a right to "keep" arms, but so far there has been no attempt to
redefine keep.) Next came the theory of Carl Bogus, an employee of Handgun
Control Inc., that the Second Amendment was the result of a conspiracy
between Northern and Southern states to guarantee weapons to keep slaves
under control. Among the problems with the Bogus approach is the absence of
any direct evidence for such a conspiracy. Then there was the "comma
theory," which argued that the stem of the Second Amendment’s single
sentence, which refers to "the right of the people," can be eliminated
because it is set off by commas. The amendment would then read, "A well
regulated militia being necessary to a free state…shall not be infringed."
One wonders what would happen if the entire Constitution were interpreted
by removing passages surrounded by commas.

Now Michael Bellesiles’ book has appeared with a new argument: Guns were
rare before the Civil
War, and Americans had little interest in owning them. Is Bellesiles
correct that neither a gun culture nor many guns existed in early America?
He defines a gun culture as a fixation on firearms, and he is probably
right that no such general obsession existed until the mid-19th century, if
then. But his claim of a nearly gun-free America, the real basis of his
argument, is more problematic. Guns, he asserts, were expensive,
inefficient, rare, and restricted. He says they were heavily regulated,
were owned only by a wealthy few in England, played little role in the
conquest of the New World, adorned few colonial mantles, were seldom used
for hunting, and were borne by few militiamen and even fewer of their
friends and neighbors.

Bellesiles is in good company in finding fault with early muskets; they
were cumbersome and
inaccurate. He is also among many who criticize the American militia as a
fighting force, although
few scholars would agree with him that it was "little more than a political
gesture." His novel claims about the numbers and uses of firearms, however,
demand careful examination. Readers and reviewers are entitled to assume
that a professional historian will present evidence fully and fairly,
although we might disagree with his interpretation. And any author can make
mistakes. But Bellesiles’ "myth busting" findings are not supported by his
sources. Moreover, he presents a skewed selection of records, dismisses
contradictory information, and even alters the language of quotations and
statutes. A few examples must suffice.

Bellesiles’ discussion of English customs and rights, which are the basis
for American use of firearms, provides a starting point. He informs us that
the few guns available in England from the 16th through the 18th centuries
were severely regulated and restricted to the rich. It’s true that there
were restrictions on handguns, but when Henry VIII converted his militia
from bows to muskets in the 16th century, thousands of Englishmen had to
"find" a gun and be trained in its use. Indeed, Henry urged residents of
every city and town to "have and keep in every of their houses any such
handgun or handguns, of the length of one whole yard…to the intent to use
and shoot the same" against the time "when Need Shall Require."

In the 17th century, numerous gangs of armed robbers prowled English
highways, and poor laborers were routinely hauled into court for misuse of
their firearms. Yet Bellesiles assures us that "only the aristocrats among
private citizens owned the frightening new firearms" and that guns "rarely
saw use outside of warfare." He claims that most personal violence in early
modern England arose from contests between troops of Morris dancers!
Neither source he cites for this astonishing allegation supports that
claim, a discrepancy not confined to that footnote alone. Readers are
informed of the right to have arms that the English Bill of Rights granted
to Protestants—then some 90 percent of the population—only as proof that
"the English preferred to maintain a tight control of guns."

On to America. Here Bellesiles finds firearms rare, expensive, regulated,
and useless, a contention made easier by his equation of firearms with
military muskets, ignoring handguns, fowling pieces, and other light
weapons. He reports that Americans "often perceived the ax as the equal of
the gun" and refers to "the complete failure" of early settlers to care for
guns "or learn their use." Bellesiles writes that, while colonial
legislatures "occasionally" required citizens to own firearms, they
appreciated "how improbable it was for them to fulfill that goal." In fact,
such laws were not occasional; they were routine, insistent, and enforced.
Poor Virginians were provided with guns at reduced cost or set to work to
earn their weapons. Historian Harold Gill, who examined 572 colonial
Virginia inventories, found guns listed in nearly 80 percent of men’s
estates. Bellesiles claims weapons were usually housed in government
arsenals, not homes. But Connecticut was typical in requiring every
householder to "always be provided with and have in continual readiness" a
musket or other firearms.

Bellesiles attacks as myth the idea that Americans owned firearms for
hunting. He reports that 80 travel accounts he surveyed, written in America
between 1750 and 1860, fail to mention hunting with guns. Yet many of the
very narratives he cites, such as the memoir of Indiana frontier life by
Rush Baynard and Anne Newport Royall’s Letters from Alabama, describe the
general use of guns for hunting and self-defense. And while the Englishman
Charles Augustus Murray, one of the writers cited by Bellesiles, found few
"gentlemen" hunters in the 1830s, he noted that "nearly every man has a
rifle, and spends part of his time in the chase." Bellesiles omits dozens
of other travelers who describe widespread ownership of firearms, among
them Alexis de Tocqueville. The famed French observer describes a typical
"peasant’s cabin" in Kentucky or Tennessee as containing "a fairly clean
bed, some chairs, a good gun."

Bellesiles’ main proof for the absence of firearms is his analysis of more
than 11,000 probate
inventories from 1765 through 1859. He found that only 14.7 percent of
18th-century inventories even mentioned a gun, and many of these were
described as old or defective. Probate records, however, are an uncertain
source: These inventories don’t mention bequests prior to death; families
sometimes take items before the probate is taken; and some probates deal
only with real estate, not personal property. Harold Gill found it not
unusual for a probate inventory of a known artisan to include nothing
indicating his trade. Still, Bellesiles insists that probates contain an
exact reference to every item, no matter how trivial, even those that had
been passed on to a friend or relative before death.

Although this exhaustive probate research forms a major part of his
evidence, Bellesiles does not give the numbers of probates for each time
period or any particular county, only a list of county names. Where he is
specific, he has distorted the findings. Take the case of 186 inventories
from early Providence—unusual, he reports, in that 48 percent mentioned
guns. "If one could imagine these 186 men as a militia company," Bellesiles
tells us, "half would be unarmed and a third armed with guns too old for
service. And yet they would have been one of the best-armed forces of their
time." Intrigued, James Lindgren, a professor of law at Northwestern
University, examined the inventories and found that "virtually everything
Bellesiles said about these records was false." Not 48 percent but 62
percent mentioned guns, of which not the 33 percent Bellesiles claimed but
only 9 percent were described as old. Lindgren also examined probates from
one of Bellesiles’ frontier counties and compared the numbers of guns
listed to the other sorts of property mentioned. He found more guns than
knives, more guns than books, more guns than Bibles.

Finally, we come to a more disturbing sort of misrepresentation. Bellesiles
quotes George
Washington’s report on the state of the militia in 1756: "Many of them
[are] unarmed, and all without ammunition or provision." Bellesiles adds
that Washington found in one company only 25 of more than 70 men "had any
sort of firearms." Yet historian Clayton Cramer found Washington was
referring not to the general state of the militia, as Bellesiles would have
us conclude, but, in
Washington’s words, to "the odd behaviour of the few Militia that were
marched hither from Fairfax, Culpeper, and Prince William counties, Many of
them unarmed."

Of the Militia Act of 1792, which enrolled all free white men between the
ages of 18 and 45,
Bellesiles writes that "Congress took upon itself the responsibility of
providing [their] guns, and
specified that within five years all muskets ‘shall be of bores sufficient
for balls of the eighteenth part of a pound.’" In fact, the law states that
"every citizen so enrolled and notified, shall within six months
thereafter, provide himself with a good musket or firelock" and other
accoutrements (emphasis added). For tallies of firearms, Bellesiles uses a
series of Massachusetts and federal censuses of militia firearms as if they
were complete surveys of all civilian guns, and he omits tallies from
federal arsenals.

Enough said. Point after point meant to illustrate a nearly gun-free early
America is, upon
examination, unsupported by the copious sources Bellesiles cites. He
sidesteps counter-evidence. He ignores or dismisses statements by John
Adams, Patrick Henry, Noah Webster, Richard Henry Lee, Thomas Jefferson,
James Madison, and others to the effect that their countrymen were well-armed.

New views of history are useful. They provoke historians to re-examine
their ideas and their evidence. Sometimes that evidence is found wanting,
but not this time. Michael Bellesiles’ eagerness to "bust a myth" about
America’s gun culture has induced him to create one.



Joyce Lee Malcolm ([EMAIL PROTECTED]"), a professor of history at
Bentley College and a
senior fellow in the MIT Security Studies Program, is the author of To Keep
and Bear Arms: The
Origins of an Anglo-American Right (Harvard).

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