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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
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