8-27-02
Mr. Lindgren is Stanford Clinton Sr. Research Professor at Northwestern University School of Law.
APPENDIX:
SELECTED ERRORS IN ARMING
This
Appendix catalogues over 200 documents that Michael Bellesiles misread or
misinterpreted in basic ways in the first edition of Arming America.
Some of the most serious problems are included; some are not. Some touch the
thesis of Arming America in fundamental ways; some do not. Most of the
book’s errors do not lend themselves to presentation in an appendix such as
this. For example, where claims in the book are based on sources that no longer
exist or never existed, there may be no sources with which to juxtapose the
claims. Together, the sources on this list comprise many of the classes of
error that scholars have discovered in trying to verify the book.213
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A. The
First Gun Count Arming Through most of the
seventeenth century the Cited Source: Armes ffor 100 men:— . .
. 80 bastard musketts . . . ; 06 longe ffowling peeces . . . 6 foote longe .
. . ; 4 longe ffowlinge peeces . . . 51/2 foote longe; 10 ffull musketts . . . .215 [Comment:] In Bellesiles’s first
supposed gun count in the new world, he uses this source to show that
settlers in Massachusetts Bay were only 10% armed, when it actually shows the
plan to arm every man—100 guns for 100 men. It was not a list of guns “in
their possession” in 1630, as he presents it. Rather, like a list of apparel
for 100 men that precedes it, this is a list of “Armes ffor 100 men” that the
company wants to ship over to |
|
B. An English Bookseller with a Pike Arming Pikemen were present at
nearly every encounter in King Philip’s War, as there simply were not enough
guns to go around. Nonetheless, in October 1675, the Massachusetts General
Court ordered that, “Whereas it is found by experience that troopers &
pikemen are of little use in the present warr with the Indians . . . It is
ordered by the court . . . that all pikemen are hereby required . . . to
furnish themselves with fire armes.” But they could not locate sufficient
guns, leading one Cited Source: But from Love, I must
make a Transition to Arms; and cou’d you think that [I] . . . wou’d ever make
a Souldier? Yet so it fell out: For ’tis their Custom here for all
that can bear Arms, to go out on a Training Day: But I thought a Pike was
best for a Young Souldier, and so I carry’d a Pike; and between you and I,
Reader, there was another Reason for it too, and that was, I knew not how to
shoot off a Musquet. But ’twas the first time I ever was in Arms; which tho’ I
tell thee, Reader, I had no need to tell to my Fellow-Souldiers, for
they knew it well enough by my awkward handling of them. For I was as
unacquainted with the Terms of Military Discipline, as a wild Irish Man [who
did not know his right hand from his left] . . . . But we were even here, for
tho’ they understood Arms better than I, yet I understood Books better than
they.217 [Comment:] The author, John Dunton,
was not a “Massachusetts Soldier,” but rather an English bookseller on a
five-month visit to |
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C. Benedict Arnold and the Brown Besses Arming When news of Cited Source: In [Comment:] The claims that the men
were gunless and that |
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D. Axes for Woodworking Arming He noted that they were
very “expert” at the use of axes, “which they begin to wield as soon as their
arms are strong enough to use them,” adding that axes made very good weapons.221 Cited Source: As they are thrown on
their own resources from their youth, these Americans are very skilful in
providing for their necessary wants, and are particularly expert with the
axe, which they begin to wield as soon as their arms are strong enough to
lift it. They use it for a variety of purposes—building houses, laying roofs
and floors, forming the chimneys and doors, the only other tool used being an
auger; and nothing amuses them more than to see the awkwardness of a
newcomer, when first he handles an axe.222 [Comment:] Gerstaecker’s statement
that “axes make very good weapons” is not in the original source as
Bellesiles claims, either on the page Bellesiles
cites (241) or elsewhere in the book. This mistake furthers one of Arming
America’s major themes—the axe as an important weapon, rivaling the gun.
(Error first identified by Justin Heather.) |
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E. Guns for Personal Use Arming Ole Rynning advised his
Norwegian readers to bring “good rifles with percussion locks,” as such good
guns are far too expensive in Cited Source: Those who wish to emigrate to [Comment:] If Bellesiles had
included the four words after the ones he quoted, his readers could have seen
for themselves that Rynning believed guns should be brought “partly for
personal use.” This reason was present and not “unstated.” (Error first
identified by Clayton Cramer.) |
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F. Anti-Federalists Wanting Every Man Armed Arming Smilie, like most
Anti-Federalists, had no problem granting the state the authority to decide
who should be allowed to serve in the militia, or to limit those ineligible
from owning guns. Nor did most Anti-Federalists want to see the propertyless
carrying arms in or out of the militia.225 Cited Sources: (1) Federal Farmer: A militia, when properly
formed, are
in fact the people themselves, and render regular troops in a great measure
unnecessary. . . . First, the constitution ought to secure a genuine and
[sic] guard against a select militia, by providing that the militia shall
always be kept well organized, armed, and disciplined, and include, according
to the past and general usage of the states, all men capable of bearing arms
. . . . [I]t places the sword in the hands of the solid interest of the
community, and not in the hands of men destitute of property, of principle,
or of attachment to the society and government, who often form the select
corps of peace or ordinary establishments: by it, the militia
are the people . . . . [T]o preserve liberty, it is essential that the
whole body of the people always possess arms . . . .226 (2) George Mason: I ask who are the militia? They consist now of the whole people, except a
few public officers. But I cannot say who will be the militia of the future
day. If that paper on the table gets no alteration, the militia of the future
day may not consist of all classes, high and low, and rich and poor; but may
be confined to the lower and middle classes of the people, granting exclusion
to the higher classes of the people. If we should ever see that day, the most
ignominious punishments and heavy fines may be expected. Under the present
Government all ranks of people are subject to militia duty. Under such a full
and equal representation as ours, there can be no ignominious punishments
inflicted.227 [Comment:] Both these sources, cited
by Bellesiles to support his claims, argue something quite different.
Contrary to Bellesiles’s position, Mason and the Federal Farmer had problems
“granting the state the authority to decide who should . . . serve in the militia”
or who should own guns. Further, they did favor poor whites carrying arms,
despite their distrust of them, so long as every (white) man bore arms.
(Errors first identified by Eugene Volokh.) |
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G. Females
Counted as Males Arming These 186 probate
inventories from 1680 to 1730 are all for property-owning adult males . . . .228 Examples of Female
Inventories:229 “ Inventary of the Estate
of . . . Alice Angell . . .” (7:88); “ Inventarey of the
Estate of Mris ffreelove Crawford . . . (Widdow)” (7:117); “ Inventary of the Estate
of Sarah Gurney” (7:168); “ Inventory of the
Esstate of ms Mary Borden” (16:60); “ Inventory of all and
singulior the Goods and Chattles of Mary Whiteman” (16:70); “ Inventory of all the
Esstate . . . of Mary Inman . . . widdow” (16:146); “ Inventory of the
Esstate of Susanna Whipple” (16:174); “ Inventory of all and
singulior ye Goods & Chattles of Joanna Inman” (16:236); “ Inventory of all and
singulior ye Goods and Chattles of Tabitha Inman . . . spinser” (16:238); “ Inventory of the
Esstate of “ Inventory of the
Esstate of mrs “ Inventory of the
Esstate of Rachal Potter . . . widow” (16:346); “ Inventory . . . of All
and singulior the Goods Chattles and Creadits of Anna Whipple widow”
(16:370); “An inventory of the
Esstate of Abigail Hopkins” (16:410); “Inventory of the Esstate of mris Sarah
Clemance” (16:420); “ Inventory of the moveable Esstate
of the Widdow Ann Lewes” (16:429). [Comment:] These are 16 of the 17
female estates with inventories within Bellesiles’s sample of186 estates,
supposedly all male, cited in the hardback edition of Arming America. |
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H. Counting Guns in Nonexistent Wills Arming Just two of the 186 wills
accompanying these probate files specifically mention a gun . . . .230 Examples of Intestate
Estates Without Wills Among His 186 Estates Supposedly with Wills:231 “Resolved waterman . . .
dyed intestate” ( “Estate of . . .
Tolleration Harris who died intested” ( “ John Joanes . . .
dieing intested his Estate falling unto ye Care of ye Towne Councill of “Benjamin Beers . . .
dieing intested” (6:162); “Benjamin Greene . . .
dyeing Entestate” (6:163); “Noah whipple . . .
dyeing intested” (6:239); “Samuell Winsor . . .
leaveing no Legall written Instrument whereby the sd Estate might be
disposed” (6:253); “ James Angell . . .
dyeing intested” ( “ Stephen Hawkings . . .
dying intested” ( “ John Potter . . .
dyeing intested” ( “Benjamin Carpenter . . .
who dyed intested” (7:65); “Daniell Browne . . .
dyeing intested” (7:69); “William Randall . . .
dying intested” (7:106); “George Potter . . .
dyeing intested” (7:109); “Daniell Williams . . .
dyeing intested” (7:112); “Benoni Woolley . . .
dying intested” (7:139); “William Hawkins . . .
dying intested” (7:142); “Eliezer Arnold junr . .
. dying intestate” (7:152); “ John Mathuson . . .
dieing intested” (7:205); “Richard Coman . . . dyed
Intestate” (16:9); “ Stephen Arnold Junr . .
. dyed Intestate” ( “ James Applebey . . .
Died Intestate” ( “Thomas ffield . . . Dyed
Intestate” ( “Richard Lewes . . . Dyed
Intestate” ( “Thomas Olney . . . dyed
Intestate” ( “Mary Borden . . . dyed
Intestate” (16:62); “Samuel Wright . . . dyed
Intestate” (16:63); “Mary Whitman . . . Dyed
Intestate” (16:73); “ John Paine . . . dyed
Intestate” (16:92); “ James Rogers . . . Died
Intestate” (16:97); “ John Browne . . . dyed
Intestate” (16:120); “Eliezer Whipple . . .
dyed Intestate” (16:121); “ John Smith Junr . . .
dyed Intestate” (16:124); “William Crawford . . .
died Intestate” (16:156); “Lott Trip . . . dyed
Intestate” (16:159); “Hannah Wailes . . . dyed
Intestate” (16:167); “ Susannah Whipple . . .
Dyed Intestate” (16:175); “ John Phillips . . .
Died Intestate” (16:199); “Tabathy Inman . . . dyed
Intestate” (16:241); “Samuell Gorton . . .
Died Intesttate” (16:246); “ “Solomon Thornton . . . dyeing intested”
(7:157); “William Turpin . . .
dying Intested” (7:179); “ John King . . . Dyed
Intestate” (16:286); “ John Hause . . . Died
Intestate” (16:312). [Comment:] In the hardback edition
of Arming America, Bellesiles claimed to have read 186 wills in the |
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I. Guns in Travel Accounts Arming Generally stated, an
examination of eighty travel accounts written in Cited Sources Include: (1) Baynard Rush Hall: Let none think we western
people follow rifle shooting, however, for mere sport; that would be nearly
as ignoble as shot gun idleness[.] The rifle
procures, at certain seasons, the only meat we ever taste; it defends our
homes from wild animals and saves our corn fields from squirrels and our
hen-roosts from foxes, owls, opossums and other “varments.” With it we kill
our beeves and our hogs, and cut off our fowls’ heads: do all things in fact,
of the sort with it, where others use an axe, or a knife, or that far east
savagism, the thumb and finger. The rifle is a woodsman’s lasso. He carries
it everywhere as (a very degrading comparison for the gun, but none other
occurs), a dandy a cane. All, then, who came to our tannery or store came
thus armed; and rarely did a customer go, till his rifle had been tried at a
mark, living or dead, and we had listened to achievements it had done and
could do again.233 (2) William Blane: Go to what house I might,
the people were always ready to lend me a rifle, and were in general glad to
accompany me when I went out hunting.234 Every boy, as soon as he
can lift a rifle, is constantly practicing with it, and thus becomes an
astonishingly expert marksman. Squirrel shooting is one of the favourite
amusements of all the boys, and even of the men themselves. . . . It is
reckoned very unsportsmanlike, to bring home a squirrel or a turkey, that has
been shot any where, except in the head. I have known a boy put aside and
hide a squirel that had been struck in the body; and I have often seen a
Backwoodsman send a ball through the head of one which was peeping from
between a forked bough at the top of one of the highest trees, and which I
myself could hardly distinguish.235 (3) Fortescue Cuming: Apropos of the rifle.—The
inhabitants of this country in common with the Virginians, and all the back
woods people, Indians as well as whites, are wonderfully expert in the use of
it: thinking it a bad shot if they miss the very head of a squirrel, or a
wild turkey, on the top of the highest forest tree with a single ball; though
they generally load with a few grains of swan shot, with which they are equally
sure of hitting the head of the bird or animal they fire at.236 (4) Isaac Weld (comparing Canadian
hunters to The people here, as in
the back parts of the (5) Charles Murray: I lodged the first night
at the house of a farmer, about seven miles from the village, who joined the
habits of a hunter to those of an agriculturist, as is indeed the case with
all the country people in this district; nearly every man has a rifle, and
spends part of his time in the chase. My double rifle, of [Comment:] These are just a few of the travel accounts that
Bellesiles cites for the absence of guns, but which directly contradict his
claim that these travelers or settlers did not notice that they were
surrounded by guns. (Errors first identified by Clayton Cramer, though the
passages differ somewhat.) |
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J.[.1] Homicides . . . in Arming [I]n forty-six years
Plymouth Colony’s courts heard five cases of assault, and not a single
homicide.239 Examples of Homicide
Cases Heard in the Document Series Cited:240 Arthur
Peach, Thomas Jackson, Richard Stinnings, & Daniell Crosse were indicted
for murther & robbing by the heigh way. . . . . . . . They [the jury]
found the [defendants] . . . guilty of the said felonious murthering &
robbing . . . . (1638, 1:96-97) Att
this Court, Allice Bishope . . . was indited for felonius murther by her
comited, vppon Martha Clark, her owne child, the frute of her owne body. . .
. .
. . . These [jurors] found the said Allice Bishope guilty of the said
fellonius murthering of Martha Clarke aforsaid; and so shee had the sentence
of death pronounced against her, . . . which
acordingly was executed. (1648, 2:134) Robert
Latham was indited for fellonious crewelty done vnto John Walker, his
servant, aged about 14 yeares, by vnreasonable correction, by withholding
nessesary food and clothing, and by exposing his said servant to extremitie
of seasons, whereof the said John Walker languished and imeadiately died . .
. . . . . . These [jurors] found the said Robert Latham guilty of
manslaughter by chaunc medley. (1654, 3:73) John
Hawes, of Samuell
Howland . . . by discharging of a fowling peece on the body of Willam Howse .
. . wherby the said House was wounded, languished, and ymediately died. . . .
. The verdict . . . : Not guilty of wilfull murder . . . . (1663, Att
this Court, a natiue named Matthias . . . was indited for killing of another
natiue named Joseph . . . The verdict of the jury was,—
We find him guilty of manslaughter by way of chaunce medley. (1674, 5:156) Wee,
of the jury, one and all, both English and Indians, doe joyntly and with
oneconsent agree vpon a verdict: that Tobias, and his son Wampaquan, and
Mattashunnamo, the Indians, whoe are the prisoners, are guilty of the blood
of John Sassamon, and were the murderers of him, according to the bill of
inditement. . . . . The verdict of the jury being accepted by the Court, the
sentance of death was pronounced against them . . . . (1675, 5:167-68) Indian
James, thou art heer indited . . . for that thou . . . didest felloniously,
willfully, and of mallice forethought, with intent to murder, kicke Samuell Crocker . . . on the bottome
of his belley, wherof the
said Samuell Crocker three weekes after died . . .
. The jury find the prsener
nott guilty of wilfull murder. (1681, 6:82) [Comment:] These are some of the
homicide “cases heard” by the |
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J.[.2] . . . Assaults in Arming [I]n forty-six years
Plymouth Colony’s courts heard five cases of assault, and not a single
homicide.239 Examples of Assault Cases
Heard in the Document Series Cited:241 “Francis
Sprague fined . . . for beating Wm Halloway . . .”
(1637, 1:75). “Edward
Dotey for breakeing the
Kings peace, in in assaulting Georg
Clarke. Fined xs” (1637, 1:75). “Robert
Barker . . . for breakeing the Kings peace in
drawing blood vpon Henry Blague, fined . . .” (1638, 1:106). “Abraham
Sampson . . . psented for strikeing
& abusinge John Washbourne.
. .” (1638, 1:107). “Ralph
Goarame, thelder, psented for breakeing the Kinges peace in beateing of
Webb Adey” (1638, 1:118). “Joseph
Halloway, for breakeing
the Kings peace, in strikeing Peter Handbury, for wch he is
indicted, is fyned xls”
(1642, “Abraham
Pearse complns agst Mr Wm Hanbury,
in an action of assault & battery” (1643, “We
do here psent Mr Symkins for the breach of the Kings peace, wth strikeing of Thomas Hinkley. Released” (1645, 2:97). “Thomas
Hitt . . . to answere for
haueing a hand in the said affray made vpon Vssamequin . . .” (1646, 2:99). “Wee
psent Willam Halloway and
Peregrin White, both of Marshfeild,
for fighting” (1649, 2:147). “Wee
present James Cole, of the towne of Plym, for making of a batterie
vppon Willam Shirtley . . .” (1650, 2:162). “[W]ee present Ralph Chapman . . . for striking of Ferman Haddon” (1650, 2:165). “John
Holmes complained against Josepth Warren, in an action of battery . . .”
(1651, “John
Holmes complained against Edward Doty, in an action of trespase
and asault . . .” (1651, “John
Willis . . . complaineth . . . against Trustrum Hall and his wife, in an action of assault and
battery . . .” (1651, “Wee
psent Joane, the wife of
Obadiah Miller . . . for beating and reviling her husband, and egging her
children to healp her, biding them knock him in the
head . . .” (1654, 3:75). “Att
this court, Sarjeant Tickner
was fined twenty shillings for striking and abusing Joseph Wormall . . .” (1660, 3:209). “Ralph
Smith . . . for breaking the peace in striking of Willam Walter,
is fined . . .” (1662, “Thomas
Pope and Gyles Rickard, Senir,
for breaking the Kinges peace by striking each
other, were fined . . .” (1663, “Thomas
Pope his striking of the said Rickards wife . . .
the Court haue centanced
him . . .” (1663, “Ensigne Willams and John Bayley, for breakeing the peace
by striking one another, fined . . .” (1663, “Richard
Willis and Joseph Sauory, for breaking the peace by
striking one another, fined . . .” (1663, “Henery Green . . . for breach of the peace by striking
Philip Leanard, fined . . .” (1663, “William
Randall complained . . . for assault and battery made by the said Thomas
Hatch . . .” (1664, 7:116). “Edward
Jenkins complained against Ensigne John Williams,
in an action of the case, to the damage of twenty pounds, for battery, and sheding of blood by striking the said Jenkins” (1664,
7:116). “William
Randall, for breakeing the Kings peace by poakeing or strikeing Jeremiah
Hatch with a ho pole, is sentanced
to pay a fine . . .” (1665, 4:83). “James
Cole, Junir, for breaking the Kinges
peace in strickeing of Robert Ransome,
is fined . . .” (1665, 4:88). “Ephraim
Tilson, for breaking the Kinges
peace in strickeing Robert Ransome,
is fined . . .” (1665, 4:88). “John
Bates and Willam Burden, theire breaking the Kinges peace by striking each other, they were sentanced by the Court . . .” (1666, 4:137). “Jabez Howland . . . to make further answare
for misdemenior towards Josepth Billington
by striking and otherwise abusing of him . . .” (1666, 4:137). “John
Andrew, for breakeing the Kinges
peace by strikeing Josepth Bartlett, was fined . .
.” (1666, 4:139). “Josepth Bartlett, for breakeing
the Kinges peace in striking the said Andrew, fined
. . .” (1666, 4:139). “Joseph
Turner, for his breach of the peace in strikeing
Thomas Perrey, is fined . . .” (1667, 4:177). “Joseph
Bartlett, for breakeing the Kinges
peace in strikeing of an Indian called Sampson, is centanced to pay a fine . . .” (1667, 4:177). “Mary
Phillips and Jane Hallowey, for breaking the Kings
peace by strikeing each other, were fined . . .”
(1668, 4:187). “Richard
Dwelley, wherby hee is
convicted of fighting . . . , the Court haue centanced him to pay a fine . . .” (1668, 4:191). “Mr Josias Winslow, for breaking
the kinges peace by strikeing
Nathaniel Winslow, was fined . . .” (1668, “Caleb
Lumburt, for breaking the Kinges
peace in striking of James Gleaghorn, was fined . .
.” (1668, “Willam
Thomas and Samuell Arnold, Junir, for breaking the Kinges peace in striking each other, were fined . . .”
(1668, “Att
this Court, John Dunham . . . came into the Court and complained against John
Dotey, that hee . . . did
crewelly beate him . . .”
(1669, “John
Tilson, in breaking the Kings peace by strikeing Robert Ransom, the said Tilson
is fined 3s 4d” (1669, “Thomas
Mathewes, for vnreasonably
beateing of the Indian Ned, and therin
breaking the Kings peace, is fined . . .” (1669, “Samuell
Norman, for breaking the Kinges peace in strikeing “And
in reference to the said “John
Gray, for breaking the Kinges peace in striking of
John Hawes, was fined . . .” (1670, “
[A]n Indian called Will, for his vnsufferable,
insolent carriage in oposing of and strikeing att the constable of
Yarmouth with an axe, &c, was fined twenty shillings” (1670, 5:53). “Willam
Griffin and Richard Michell . . . for fighting
together, and therby breaking the Kinges peace, were fined . . .” (1670, “Richard
Marshall, for abusing his wife by kiking her of
from a stoole into the fier,
was centanced to sitt in
the stockes . . .” (1671, 5:61). “Richard
Dillinga, for breakeing
the Kinges peace by striking of Jabeze
Howland, was fined . . .” (1671, 5:65). “Willam
Randall, for abuseing and strikeing
of Edward Wanton, was centanced by the Court . . .”
(1674, 5:148). “
[I]f the said John Cowine be off the peace . . .
towards Ensigne John Williams, . . . whome he lately assaulted and abusiuely
wounded; and that hee . . . doe psonally
appeer att the Court . .
.” (1674, 5:163). “Robert
Crosman, . . . for abusing the constable . . . by
throwing a sticke att
him, and drawing his knife and saying hee could
afford to stabb him, was fined . . .” (1675, 5:169). “Joseph
Burge, for . . . beating one of the guard . . . is fined . . .” (1675,
5:181). [Comment:] Bellesiles uses his count of “cases of assault”
to establish his claim of low violence in Plymouth Colony. These are most of
the 1636-1681 assault cases heard by the |
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K. Vermont Probate Estates with Gun
Conditions Misreported 1. Bellesiles in Current Website Report:242 “1788 Eln.
Hubbel farmer Original Record:243 Bennington District
(I:366-375): “1 Gun” 0-48-0; “1 other Gun” 0-18-0 2. Bellesiles in Current Website Report:242 “1783 Oliver Scott farmer
Rupert 3 old guns £2,16” Original Record:243 Manchester District
(I:72-73): “1 Gun” “1 Do.” 0-6-0; “one pair of horse guns”
0-8-0 3. Bellesiles in Current Website Report:242 “1784 Sam. Nichols farmer
Original Record:243 Marlboro District
(I:32-33): “2 Fire Arms the one at
L2 the other at 8s” [Comment:] Vermont counties make up
the bulk of the estates in Arming America’s frontier counties from
1765 to 1790 (Bellesiles finds guns in only 14% of them).244 To support such a low
percentage of guns on the frontier, he has provided on his website since
October 2001 a report listing forty-five Vermont estates with guns, which
purports to be a count and description of all of the Vermont gun estates from
1770 to 1790.245
In the list
of Vermont gun estates on his website, Bellesiles misreports the conditions
of guns in the three estates listed above. |
|
L. Vermont Gun Estates Missing from
Bellesiles’s Counts In the
list of forty-five (1) In
book I of the Bennington District manuscript probate records: John
Armstrong (p. 45), John Hodgkinson (p. 72), David
Barber (p. 91), Luther Lawrence (p. 96), Amos Fairchild (p. 178), Levi Morgan
(p. 212), Jedediah Dewey (p. 225), Benjamin Fray
(p. 282), Jonathan Moon (p. 290), Abner Drinkwater (p. 307), Samuel Hunt (p. 330), William Hundbeck/Hendricks (p. 413); (2) In
book I of the Hartford District manuscript probate records: Enoch
Bontwell (p. 11), Elkanock
Stuart (p. 14), John Northam (p. 18), Nathan Gall
(p. 22), Alexander Miller (p. 32), Philip Smith (p. 35), Oliver Farnsworth
(p. 55), Perez Woods (p. 63), Joseph Smalley (p. 70), Benjamin Cox (p. 73), Phinchas Power (p. 82), William Huchins
(p. 97), Lt. James Smalley (p. 109), Thomas Pitkin
(p. 113), Charles William, Jr. (p. 120), Joseph Bates (p. 128), Billa Gray (p. 150); (3) In
book I of the Manchester District manuscript probate records: John
Sherman (p. 54), William Searl (p. 63), Elijah Golusha (p. 90), Benjamin Rose (p. 135), John Grimel (p. 151), Lemuel Buck
(p. 169), Alaph Leaven (p. 200), Jonathan Hay (p.
236); (4) In
book I of the Marlboro District manuscript probate records: William
Sears (p. 91), Charles Phelps (p. 131), Thomas Sergent
(p. 156), Francis Whitmore (p. 169), Richard Weatherbee
(p. 179); (5) In
book I of the Rutland District manuscript probate records: Ezra
Mead (p. 13), Eleazer Davis (p. 174); (6) In
book II of Rutland District manuscript probate records: Nathan
Baldwin (p. 1), Capt. William Fitch (p. 11), Jacob Linly
(p. 71), William Douglass (p. 73), Robert Adams (p. 83), Samuel Gates (p.
103), Joseph Throop (p. 112), Daniel Edgerton (p. 121), Solomon Steel (p.
140), Daniel Wyman (p. 161), Philip Griffiths (p. 169), Elisha
Clark (p. 190), Jacob Katts (p. 209), Caleb Calvin
(p. 220), Stephen Royce (p. 231); (7) In
book I of Windsor District manuscript probate records: Benjamin
Allen (p. 4), Johnson Hutchinson (p. 33), Benjamin Bishop (p. 38), Asahel Johnson (p. 56), Elijah Smith (p. 59); (8) In
book II of Windsor District manuscript probate records: Combs
House (p. 1), James Martin, Jr. (p. 8), Josiah Hall (p. 27), John Duke (p.
35). [Comment:] Overall,
Bellesiles finds only 45 |
NOTES:
213.
The citations to handwritten manuscript sources in
the editors of The Yale Law Journal.
214.
BELLESILES, supra note 3, at
63.
215.
1 RECORDS OF
THE GOVERNOR AND COMPANY OF THE
216.
BELLESILES, supra note 3, at
117.
217.
Letter from John Dunton to George Larkin (
LETTERS FROM NEW-ENGLAND 56, 140 (William H. Whitmore
ed.,
1867).
218.
William H. Whitmore, Preface to JOHN DUNTON’S LETTERS FROM NEW-ENGLAND, at i,
xxii-xxiii (William H. Whitmore ed., Boston, T.R.
Marvin & Son 1867).
219.
BELLESILES, supra note 3, at
181.
220. HAROLD E. SELESKY,
WAR AND SOCIETY IN COLONIAL
221.
BELLESILES, supra note 3, at
313.
222.
FREDERICK GERSTAECKER, WILD SPORTS IN THE FAR WEST 241 (
Nichols & Co. 1860).
223.
BELLESILES, supra note 3, at
341.
224.
OLE RYNNING, OLE RYNNING’S TRUE ACCOUNT OF AMERICA 99 (Theodore C. Blegen
ed. & trans., 1926).
225.
BELLESILES, supra note 3, at
223.
226.
Letter from the Federal Farmer (
339, 341-42 (Herbert J. Storing ed., 1981).
227.
10 DOCUMENTARY HISTORY OF THE RATIFICATION OF THE CONSTITUTION 1312 (John
P. Kaminski et al. eds., 1993) (comments of George
Mason at the Virginia Convention). Bellesiles
cites the page as 312, not 1312. BELLESILES, supra note 3, at 519 n.51.
228.
BELLESILES, supra note 3, at
109.
229.
Citations throughout are by volume and page number to EARLY RECORDS OF THE TOWN
OF
1901).
230.
BELLESILES, supra note 3, at
110.
231.
Citations throughout are again by volume and page number to EARLY RECORDS OF THE
TOWN OF
1894-1901).
232.
BELLESILES, supra note 3, at
306.
233.
ROBERT
HALF YEARS IN THE FAR WEST 107-08 (James Woodburn ed.,
Princeton Univ. Press 1916)
(1816).
This passage appears in a chapter devoted mostly to
his love of rifles and of target
shooting.
234.
WILLIAM N. BLANE, AN EXCURSION THROUGH THE UNITED STATES AND
DURING THE YEARS 1822-23, at 145 (London,
Baldwin, Craddock & Joy 1824).
235.
236.
FORTESCUE CUMING, SKETCHES OF A TOUR TO THE WESTERN COUNTRY (1810),
reprinted in 4 EARLY WESTERN TRAVELS, 1748-1846, at 46 (Reuben
Gold Thwaites ed., 1904).
237.
2 ISAAC WELD, TRAVELS THROUGH THE STATES OF
PROVINCES OF UPPER AND