Time: Fri Mar 21 18:48:22 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id SAA10652; Fri, 21 Mar 1997 18:24:23 -0700 (MST) by usr07.primenet.com (8.8.5/8.8.5) with SMTP id SAA10780; Fri, 21 Mar 1997 18:24:13 -0700 (MST) Date: Fri, 21 Mar 1997 18:43:46 -0800 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: CONCHR Defensive Use of Arms Vindicated <snip> >DEFENSIVE ARMS VINDICATED AND THE >LAWFULNESS OF THE AMERICAN WAR MADE MANIFEST > >DEDICATED TO HIS EXCELLENCY >GENERAL WASHINGTON. > >------------------------------------- >By A MODERATE WHIG. >------------------------------------ > >(Generally attributed to Captain Stephen Case (1746-1794) of the Ulster >County militia, this treatise uses biblical texts, historical examples, >and the writings of learned authors to prove that resistance against the >abuse of lawful power is not only justified but is the duty of freemen. >The excerpt following in no way does justice to the full text which may >be found in Ellis Sandoz, POLITICAL SERMONS OF THE AMERICAN FOUNDING >ERA; 1990; Liberty Fund, Indianapolis ) > >------------------------------------------------------------------------ > >... We have also precepts from whence we may consequently conclude the >approven duty of defensive arms against oppressing rulers. > >First. The children of Israel are commanded to vex the Midianites and >smite them, for, saith the Lord, they vex you with their wiles. Numb. >xxx.17, 18. And to avenge themselves. Numb. xxx. 2. Which did not only >oblige the people when they had Moses for their magistrate to lead them >forth, but, in the days of Gideon, when they were under their rule, whom >they were to avenge themselves upon. Hence I argue, if people must vex >their enemies, and avenge themselves of them by a war offensive, much >more may they resist them by a war defensive, when invaded by their >cruelty. > >Second. There is a command to punish every city of party, making >apostacy unto idolatry. Deut. xiii. 12,15. upon this moral ground was >Israel's war against Benjamin. Judges xx. and their bringing Amaziah >unto condign punishment, which is vindicated by Mr. Knox. Hence I argue, >if people are to bring to condign punishment idolatrous apostates, much >more ought they to resist all tyrants, seeking to destroy all religion >and liberty, for they are twins. Where the spirit of the Lord is, there >is liberty. As I said before, destroy the one and the other cannot live. > >Third. There is a precept not only to defend, but also, to rescue and >deliver our brethren when in hazard. Prov. xxiv. 11,12. we must not >forbear to deliver them when drawn to death; which will at least infer >the duty of assisting them when forced to defend themselves; for if it >be a duty to rescue them from any prevailing power that would take their >lives and liberties unjustly much more is it duty to rescue them by >defensive arms, and ourselves both from and against their murdering >violence. But it is duty to rescue them, therefore, &c. > >Fourth. All those that would learn to do well are commanded, Isa. i. 17. >to relieve the oppressed; which is not spoken to kings only, many of >whom were the oppressors. The princes were rebellious and companions of >thieves. Verse 23. So also, Isa. lviii. 6. It is required of a people >that would be accepted of God in their humiliations, to let the >oppressed go free, and to break every yoke. Hence I argue, if it be duty >to relieve the oppressed, by breaking the yoke of them that oppress >them, then it is duty to defend them and ourselves, both against them >that would oppress us more. But the former is here commanded, therefore, >&c. > >Fifth. There is a command for a spoiled oppressed people, when the Lord >is reconciled to them, and sympathizes with them, to deliver themselves >from their rulers servitude. Zech. ii. 7. Deliver thy self O Zion, which >dwelleth with the daughter of Babylon. Which comprehends all the >ordinary active means of people's delivering themselves from oppressing >powers that rule over them; and consequently defensive resistance, for >it cannot only be restricted to flight, included verse 6, the promise >annexed verse 9, imports more, when they that spoiled them, shall be a >spoil to their servants. Whereby it is insinuated they were so to >deliver themselves as not only to free themselves from their servitude, >but to bring their masters under subjection. Hence I argue, if the >Lord's people being subject to tyrants ruling over them for the time, >may deliver themselves from their oppressing masters, then may they >resist them, and defend themselves, therefore, &c. > >Sixth. There is a command given by the blessed Jesus to his disciples, >to provide themselves with weapons for their defence against them that >should attempt their lives, as well as with other things necessary for >their sustenance. Luke xxii. 36. Now he that hath a purse, let him take >it, and likewise his scrip; and he that hath no sword let him sell his >garment and buy one. Before, when he had sent them out upon an >extraordinary commission, as it were to serve their apprenticeship in >the work of the gospel, he did not allow them such solicitous care to >provide themselves, because he would give them a proof of his >sufficiency to sustain and protect them without the ordinary means of >their own diligence; but now, when he was about to withdraw his bodily >presence from them, and would warn them of the many discouragements they >were to look for the the prosecution of their more continued work, which >they had a commission for, not to be retracted, he would not have them >expect provision and protection by a course of miracles, but to provide >themselves with means for their sustenance, and also for their defence >against the violence of men, which chiefly was to be expected from their >rulers, who would persecute them under the notion of transgressors of >the laws of the kingdoms and countries. > >He was not, indeed, to make much use of them at that time for himself, >who was then to finish the work of redemption by suffering, only that >what was written might be accomplished in him, he would make so much use >of them as voluntarily to be involved under the censure and reproach of >rebellion, being taken among men in arms, that he might be reckoned >among transgressors. Verse 37. Therefore when they told him they had two >swords, he said it is enough. Verse 38. > >I think I need not stand long here to confute that impertinency of a >conceit that these were spiritual swords, which indeed deserves no >confutation, being fitter to be put among the many delirious >destractions, and other errors of Quakers, than to be numbered among the >notions of men of common understanding. Indeed I could hardly be brought >to believe they did hold such an error, if I had not been informed by a >person of credit, who assured me he had it from the mouth of one of >their speakers or teachers. > >O horrid blasphemy! Purchase the spirit of God, or the sword of the >spirit, or a spiritual sword, with the price of an old garment. Surely >if this was true, then the purse and scrip must be spiritual too, and >these bought by selling of old garments; and yet they would be such >spiritual swords as would cut off carnal ears and such as would be both >visible and sensible, and two of them would be enough. > >But it does not admit of a doubt, but what they were ordinary and >material swords, which the Lord did command his followers to provide >themselves with for their defence as men, in cases of necessity, and >when they should be in a capacity to improve them against their >murdering persecutors, against whom he gives his royal grant of >resistance, that the world may know his subjects, though they have more >privileges spiritual, yet they have no less human privileges than other >men, although at that period of his determined suffering, he would not >allow the present use of them. From hence I argue, that if the Lord's >people should provide themselves with arms of defence, though they >should, by a wicked world, be reputed sinners and the greatest of >transgressors for so doing, then surely they may use these arms of >defence against them that persecute them; therefore, &c. > >...We may infer the same truth from some of the prayers of the saints, >wherein they glory in constant expectation of the Lord's strengthening >them, and favouring and approving their helpers, and in the experience >of the Lord's assisting them, while in the mean time constitute in a >formed appearance of resistance. I shall only hint these. > >First. In that prayer, Psal. xliv. 5. They glory in hope, that through >the Lord they will push down their enemies, &c. Yet then at that time >they were under the power of tyrants, which they were resisting, for >Verse 9. They complain they were put to shame, because the Lord went not >forth with their armies, and they which hated them spoiled them; and for >his sake were killed all day long. Hence they plead, that the Lord would >awake and not forget their affliction and oppression; whereby it is >evident, they were under the yoke of tyrants, and resisting according to >their mights which, by whomsoever or upon what occasion soever, the >psalm was compiled, shews that no want of success in resisting tyrants >can mar the saints faith in pleading for the Lord's assistance and >approbation of the duty. Hence I argue, that if they that in faith may >pray for and boast of their treading down their enemies, that rise like >tyrants up against them, they may also in faith attempt the resisting >them in their own defence. But here the Lord's people did the former; >therefore, &c. > >Second. We find David, under Saul's persecution, while he had a party of >600 men to defend himself against rage, in the psalms which he composed >upon that occasion, not only complaining of oppressors, but encouraging >himself in the faith that God would be with them that assisted him in >his attempt to defend himself, and imprecating destruction to Saul and >his complices. That the Lord would cut them off in his truth and let him >see his desire upon the. Psal. cxl. 7,9. He imprecates against the head >of them that compassed him about, and of course against Saul. Whence I >argue, > >First. If the Lord's people, conflicting with and emcompassed with >oppressing rulers, as so many lions and dogs, may pray and praise for >the help of those that assist them in their endeavours of >self-preservation from them, then may they make use of their help for >their defence for which they pray and praise. But here we see the Lord's >people did the former; therefore they may and ought to do the latter. > >Second. If we may pray against kings, and for preservation from them, >then may we defend ourselves against them, and endeavour the means of >that preservation for which we pray? The connection is before cleared, >yet here I add that which will give a dispensation from our duty of >praying for them, will also dispense from the duty of being passively >subject to their will, and consequently will allow the defending >ourselves from their violence. And here we see tyranny and treachery, >and designed mischief, will give a dispensation from our duty of praying >for them, altho' that be duty as indispensible as subjection. > >Again if any thing deter us from resisting of kings, it must be respect >to their majesty and the character of the Lord's anointing upon them. >But we see no respect to that will deter a believer from praying in >faith against them, therefore, no such respect will hinder, but that he >may defend himself against his violence; and indeed, if we do but >consider it right, if the impression of any majesty God hath put upon >kings, should tie up our hands from any resistance, it will also >restrain from prayer resistance; for if that impression have any force >at any time, it must be when a man is most solemnly stated before God, >and speaking to God as a christian, rather than when he is acting as a >man with a man like himself; and as prayer resistance is the most >formidable and forceable resistance of any in the world, as this Saul, >and our late George, and many other tyrants have found, by their woeful >experience, so it is more restricted than other resistance, for we may >defend ourselves against many whom we must not pray against, to wit, our >private enemies, for whom we are commanded to pray; yet no body will >deny but we may resist their violence; and likewise, we are commanded to >pray for kings, when invested with God's authority; but when, by their >degeneration, we are loosed from that obligation to pray for them, and >allows us to pray against them, when they turn enemies to God, and >oppressors of his people, as we see in the prayer of the psalmist, then >may we most warrantably resist them by defensive arms. > >Third and lastly. Among the hallelujahs in the end of Psalms, there is >one calculated for the prevailing time of the church, when the Lord >shall take pleasure in his people. In that time of the saints being >joyful in glory, when they may glory in the rest and security the Lord >will vouchsafe upon them, they are prophetically, and very pathetically, >excited to praise prayer wise. Psal. cxlix. 6. To the end let the high >praises of God be in their mouth, and a two edged sword in their hand to >bind their kings with chains, to execute upon them the judgment written. >This honour have all the saints, hallelujah. This was their praise and >honour when they were brought on to execute vengeance on their kings and >nobles of Canaan; this also in David's time was the ambition and also >the attainment of the saints in their triumphant victories over many of >their oppressors round about them. > >But it looks to a further and more famous execution of vengeance upon >the tyrants of the world, when they have long kept under the church of >God, and at length, the Lord shall give his people a capacity to break >their yoke, which, whenever it shall be, shall be their great honour. >Hence, I argue lastly, if it will be the honour of the saints, when the >Lord puts them in capacity to execute vengeance upon their enemies, >though they be kings, nobles, &c. that oppress them, then it may be >their ambition to seek it; at least they may resist them. > >Thus I think I have fully shewn from the law of God, the law of nature, >the custom of nations, the lawfulness of the use of defensive arms, in >order to defend our rights, liberties civil and religious, when attacked >by tyrants; at least I think it will convince all but such as are >determined not to be convinced. Especially, I think it appears clear >from scripture practices, reproofs, promises, precepts, and prayers, >this truth has been proven; although I allow that other precious truths >are more natively deduced, yet this great truth by unstrained and >unconstrained consequence, may, and is also, clearly inferred. ======================================================================== Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU web site: http://www.supremelaw.com : library & law school registration ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this ========================================================================
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