Thursday, September 15, 2005

Something interesting in the woodshed

From the originalNew York State Constitution of 1777:

XXXIX. And whereas the ministers of the gospel are, by their profession, dedicated to the service of God and the care of souls, and ought not to be diverted from the great duties of their function; therefore, no minister of the gospel, or priest of any denomination whatsoever, shall, at any time hereafter, under any presence or description whatever, be eligible to, or capable of holding, any civil or military office or place within this State.

Well you certainly don't find that in the 2001 version! It's almost like the complete opposite of banning atheists from office. However I do confess I didn't find anything in the modern day New York State constitution requiring elected representitives to be theists of any sort.

But on another note I did notice some interesting verbiage about the state militia, and how Quakers were excused from serving in the militia on payment of a fee (apparently £10 at the time). Here's the relevant article:

XL. And whereas it is of the utmost importance to the safety of every State that it should always be in a condition of defence; and it is the duty of every man who enjoys the protection of society to be prepared and willing to defend it; this convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine, and declare that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this State being of the people called Quakers as, from scruples of conscience, may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money, in lieu of their personal service, as the same; may, in the judgment of the legislature, be worth. And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be, forever hereafter, at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State.

This is a pretty good description of militia as mentioned in the US Constitution's Second Amendment. In this case the New York militia doesn't sound at all like the libertarian's version of "people" bearing arms to defend themselves against the state (or government) and much more like "the people" (ie. in the collective) bearing arms to defend the state, more like what we have in the National Guard now.

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