*n June of 1788[,] Virginia was holding a convention in Richmond to decide whether to ratify the Constitution the founders had drafted in Independence Hall the previous year. […]
The Virginia convention featured a dramatic debate between federalists, who favored ratification, and antifederalists, who opposed it. The debate pitted James Madison, a federalist and the principal drafter of the Constitution, against George Mason, the intellectual leader of the antifederalists, and Patrick Henry, Virginia’s governor and a renowned orator.
Mason and Henry raised many arguments against ratification. One concerned the militia. To appreciate their arguments, we must bear three things in mind about the time and place of the debate.
First, the majority population in eastern Virginia were enslaved blacks. Whites lived in constant fear of slave insurrection. Everyone knew about the 1739 slave rebellion in Stono, S.C., when blacks broke into a store, decapitated the shopkeepers, seized guns and powder, and marched with flying banners, beating drums and cries of “Liberty!” Up to 100 joined the rebellion before being engaged by a contingent of armed, mounted militiamen. Scores died in the ensuing battle.
Second, the principal instrument for slave control was the militia. In the main, the South had refused to commit her militias to the war against the British during the American Revolution out of fear that, if the militias departed, slaves would revolt. But while the militias were effective at slave control, they had proved themselves unequal to the task of fighting a professional army. Bunker Hill was the last militia victory during the Revolution. The Continental Army (aided by the French Navy) won the war.
Third, previously the militias were creatures of state governments. The new Constitution changed that. It divided authority over militias between the national and state governments, but gave the lion’s share of authority — including the power to organize, arm and discipline the militias — to Congress. […] “If they neglect or refuse to discipline or arm our militia, they will be useless […]” Henry declared.
In the fall, Madison ran for Congress. His opponent, the rising young politician (and future president) James Monroe, lambasted Madison for not including a bill of rights in the Constitution. […] Now he was fighting for his political life in a congressional district where a bill of rights was popular. Madison changed his position and promised voters that, if elected, he would write one.
As we know, he included a right to bear arms. Only four of the 13 state Constitutions had such a provision. The Virginia Declaration of Rights, written by none other than George Mason in 1776 when states controlled the militias, did not have one. Following its debate and decision to ratify, the Virginia convention proposed Congress consider a declaration of 20 rights, including a right to bear arms, and 20 constitutional amendments, including one giving states the power to arm their militias if Congress did not.