Review by Bill Doughty––
“This is not a pro-gun or anti-gun book,” Carol Anderson writes.
How and why is there a “right to bear arms” in the Constitution’s Bill of Rights? What is a “well-regulated militia”? How has the United States military been part of or affected by the Second Amendment and its application? How is disparity as obvious as black and white?
Anderson explores the origins of the Second Amendment and the Constitution itself. Madison worked tirelessly to build the document that would replace the rickety Articles of Confederation and set forth the ethos and ideals of the new nation based on equality and freedom.
“But those intentions of creating a strong, viable republic committed to its lofty ideas crashed headlong into the unspoken reality of America: ‘Slavery was the largely unmentioned monster in the basement of the new nation.’ It was so fearsome that its name, like a dreaded demon, was never to be mentioned in the Constitution lest it erupt out from its darkened and dank lair and tear the fragile nation apart. There was something else besides fear, though, that required slavery to remain like a terrifying wrath haunting the nation’s founding document: guilt. John Dickinson, a delegate from Pennsylvania who drafted the original Articles of Confederation, noted that the very omission of ‘the WORD slavery…[from the Constitution was to] conceal a principle of which we are ashamed.’”
As many Northern states were eliminating slavery from within their borders, southern states, especially South Carolina, was doubling down on the institution, threatening no support for the Constitution if the Atlantic slave trade were curtailed by legislation. Politicians from the Deep South showed extreme hypocrisy: on one hand forbidding enslaved people from citizenship, and on the other hand demanding they be counted in a census so the South would have more representation in Congress (leading to the cursed Three-Fifths Compromise by the Supreme Court).
Anderson shows how the Second Amendment was also a compromise under the shadow of States’ Rights: the resistance to pay for a standing army and the fear, not just of government tyranny, but also primarily of slave revolts.
An armed “well-regulated militia” was a whites-only concept meant to protect landowners from their chattel slaves who might seek freedom by any means necessary.
Wealthy landowners two hundred years ago had every right to be afraid, considering violent slave rebellions in Haiti, Richmond, and New Orleans. Anderson describes the horrors associated with the revolts and what happened to captured insurgents: torture, mutilation, heads on poles.
In the South in the 1800s homes of black people were routinely searched. Guns and books along with other educational material were confiscated. Anderson writes, “Gun control laws, to be clear, were everywhere in antebellum America. Indeed, ‘the South was the gun control center of the United States…’”
The “bravado” of a well-regulated militia was revealed in the War of 1812 against Great Britain. The British captured and burned the White House and U.S. Capitol, including the Library of Congress, in 1814. The young nation, under attack, in fact needed a standing army and navy.
As the British did in the Revolutionary War, they promised freedom to enslaved people in the War of 1812. Nevertheless, the American military recruited African Americans who fought and helped win the war. Of the three thousand soldiers and sailors who fought in the Battle of New Orleans, for example, six hundred were black.
Immediately after the war, General Andrew Jackson ordered blacks to be “summarily dismissed.” People of color were again banned from owning guns or ammunition. If found with a firearm, they were whipped. Endemic racism prevailed and was exacerbated by the Fugitive Slave Act of 1850, which “was supposed to be part of a sectional compromise that would keep the United States actually united. Instead, it was a law that was so hated that the seams in the American fabric began to visibly tear apart.”
The Civil War, which should have been a turning point for African Americans and their freedoms –– including the right to bear arms –– was largely a met with “nearly impenetrable barriers” of racism: Jim Crow laws, disparate treatment, and bigotry. “Andrew Johnson, who ascended the presidency after Lincoln’s assassination, was instrumental in sabotaging efforts to craft a political and legal environment in which the formerly enslaved and free blacks could live fully.” Johnson pardoned many Confederacy leaders and supported States’ Rights to restrict citizenship, gun ownership, and other rights of African Americans.
Using carefully sourced documentation, Anderson presents the history of lynchings, massacres, and other violences committed against blacks, including black soldiers in the early 1900s. “The United States was a nation locked into a prison of anti-blackness absolutely unsafe for democracy and also for African Americans.
Many Americans who lived through the Civil War were still alive when the United States entered World War I. As the United States prepared to fight in Europe, the military had trouble filling its ranks so opened recruitment to black American men via the 1917 Selective Service Act, still ensuring units were segregated but led only by white officers. Even then, some politicians from former Confederate states opposed the initiative, which allowed blacks to carry, train, and use weapons.
Imagine the tension in Houston, Texas (the last state to acknowledge in 1865 the emancipation of enslaved people) when black soldiers were ordered to be stationed there in 1917 during WWI. Troops of the Army’s Third Battalion, Twenty-Fourth Infantry Regiment –– who had fought for the United States in Cuba, the Philippines, and Mexico –– were assigned to guard duty at a Houston army base.
The soldiers faced intense racism and discrimination by the local population, including the police, who referred to them in derogatory terms and dehumanizing disrespect. Clashes were frequent with law enforcement and white contract workers, who refused to show I.D.s to or “obey” black soldiers.
After civilian police officers beat two soldiers, shooting at one, dozens of members of the Twenty-Fourth armed themselves and marched to confront the police. The resulting confrontation resulted in the deaths of four soldiers and more than a dozen whites, including some police.
“Military justice was swift,” Anderson writes. “Nineteen of the soldiers were executed immediately after the trial and fifty-four were sentenced to prison.”
Anderson’s book is rich in history of the Second Amendment –– especially related to the Constitutional Convention, events in the divisive 19th century, and milestones in the turbulent early 20th century.
Readers are left to contemplate: How does freedom to own, carry, and use firearms balance with the freedom from being shot? Who is responsible for a tyranny of gun violence in the United States?
This may not be “a pro-gun or anti-gun book,” but it is a fascinating, disturbing, and enlightening examination of the origins of the Second Amendment and its surprising relevance to the military and American wars as well as the meaning of true freedom.
[Anderson capitalizes “Black” but lower-cases “white” when writing about people. While I understand the rationale for that style choice, I but don’t agree with the premise and prefer lower-case for both, in the spirit of Adam Serwer and Isabel Wilkerson.]
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