Loaded. Roxanne Dunbar-Ortiz

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      ONE

       HISTORICAL CONTEXT OF THE SECOND AMENDMENT

      The Anglo-American settlers’ violent break from Britain in the late eighteenth century paralleled their search-and-destroy annihilation of Delaware, Cherokee, Muskogee, Seneca, Mohawk, Shawnee, and Miami, during which they slaughtered families without distinction of age or gender, and expanded the boundaries of the thirteen colonies into unceded Native territories.

      The Declaration of Independence of 1776 symbolizes the beginning of the “Indian Wars” and “westward movement” that continued across the continent for another century of unrelenting U.S. wars of conquest. That was the goal of independence, with both the seasoned Indian killers of the Revolutionary Army and white settler-rangers/militias using extreme violence against Indigenous noncombatants with the goal of total domination. These forces were met with resistance movements and confederations identified with leaders such as Buckongeahelas of the Delaware; Alexander McGillivray of the Muskogee-Creek, Little Turtle and Blue Jacket of the Miami-Shawnee alliance; Joseph Brant of the Mohawk; and Cornplanter of the Seneca, as well as the great Tecumseh and the Shawnee-led confederation in the Ohio Valley. Without their sustained resistance, the intended genocide would have been complete; the eastern half of the continent was “ethnically cleansed” of Native nations by 1850, through forced relocation to “Indian Territory” west of the Mississippi.

      The program of expansion and the wars against Native American civilization and the agricultural societies of the vast valley of the Ohio River and the Great Lakes region began before the Declaration with the French and Indian War of 1754–1763,¹ which was the North American extension of the Seven Years’ War between France and Britain in Europe. Britain’s victory over France in 1763 led to its domination of world trade, sea power, and colonial holdings for nearly two centuries. In the Treaty of Paris, France ceded Canada and all claims east of the Mississippi to Britain. In the course of that war, Anglo-American settlers intensified their use of counterinsurgent violence, which the Anglo settler elite dubbed “savage wars,” against Indigenous peoples’ resistance to their incursions into the territories of the Ottawa, Miami, Kickapoo, and the confederations identified with Pontiac’s leadership of the Great Lakes region, spreading to the Illinois and Ohio countries. By the end of the war, significant numbers of Anglo settlers had taken Indigenous lands beyond the colonies’ boundaries, and land speculation was a road to riches for a fortunate few.

      To the settlers’ dismay, soon after the 1763 Treaty of Paris was signed, King George III issued a proclamation prohibiting British settlement west of the Allegheny-Appalachian mountain chain, ordering those who had settled there to relinquish their claims and return to the kingdom’s thirteen colonies. Soon it became clear that the British authorities needed far more soldiers to enforce the edict, as thousands of settlers ignored it and continued to pour over the mountains, squatting on Indigenous lands, forming armed militias, and provoking Indigenous resistance. In 1765, in order to enforce the Proclamation line, the British Parliament imposed the Stamp Act on the colonists, a tax on all printed materials that had to be paid in British pounds, not local paper money. The iconic colonial protest slogan “taxation without representation is tyranny” marked the surge of rebellion against British control but it did not tell the whole story, considering what the tax was for: to pay the cost of housing, feeding, and transporting soldiers to contain and suppress the colonies from expanding further into Indian territory. The complaints iterated in the Declaration largely focus on the measures used by King George to prevent his rebellious subjects from grabbing more land: “[King George] has excited domestic Insurrections [slave revolts] amongst us, and has endeavoured to bring on the Inhabitants of our Frontiers, the merciless Indian Savages [Indigenous nations resisting genocidal wars], whose known Rule of Warfare, is an undistinguished Destruction, of all Ages, Sexes and Conditions.”

      By the early 1770s, terrorism waged by Anglo-American settlers against even Christianized Native communities within the colonies, and violent encroachment on those outside the colonial boundaries, raged, and illegal speculation in stolen Indian lands was rampant. In the southern colonies especially, farmers who had lost their land in competition with larger, more efficient, slave-worked plantations rushed for Native farmlands over the mountain range. These militant settlers—“rangers”—thus created the framework for the United States to appropriate Native territories and attempt to eradicate Indigenous nations across the continent for the following century. Illegal squatter-settlers, always with practiced Indian killers in the lead, initially depended on colonial militias for support; after the War of Independence they relied on the U.S. military to protect their settlements. During the war years of 1774–1783, the secessionists’ parallel wars against Native nations were, in military historian John Grenier’s words, “waypoints in the development of the first way of war. In them, we find the same elements—necessity and efficiency, the uncontrollable momentum of extravagant violence, and the quest for the subjugation of Indians—that had defined the first way of war throughout the colonial period.”²

      In a book first published in 1876 but written decades earlier, historian Joseph Doddridge (1769–1826), a minister and early settler in the Ohio Country, wrote:

      The early settlers on the frontiers of this country were like Arabs of the desert of Africa, in at least two respects; every man was a soldier, and from early in the spring till late in the fall, was almost continually in arms. Their work was often carried on by parties, each one of whom had his rifle and everything else belonging to his wardress. These were deposited in some central place in the field. A sentinel was stationed on the outside of the fence, so that on the least alarm the whole company repaired to their arms, and were ready for combat in a moment.³

      The Second Amendment thus reflects this dependence on individual armed men, not just in terms of a right to bear arms, but also as a requirement to bear arms, which was crucial to the integrity of the state and the conception of security achieved through a relationship between state and citizen.

      In 1783, the British withdrew from the fight to maintain sovereignty over their thirteen colonies, not due to military defeat, but rather in order to redirect their resources to occupy and colonize South Asia. Britain’s transfer of its claim to Indian Country west of the colonies spelled a nightmarish disaster for all Indigenous peoples east of the Mississippi, and ultimately all of North America that would be claimed and occupied by the United States. Britain’s withdrawal in 1783 opened a new chapter of unrestrained racist violence and colonization of the continent.

      The creation of the United States Constitution began in 1785, but the document was not approved by all the states and in effect until 1791. Meanwhile, the interim Continental Congress got to work on a plan for colonization over the mountain range. The Land Ordinance of 1785 established a centralized system for surveying and distributing land, with seized Native lands being auctioned off to the highest bidder. The “Northwest” (referring to the Ohio country) Ordinance of 1787 set forth a colonization procedure for annexation via military occupation, transforming to civilian territorial status under federal control, and finally, statehood. These were the first laws of the incipient republic, revealing the motive for those desiring independence. It was the blueprint for the taking of the North American СКАЧАТЬ