regulation, established by the constitution of the nation, and that of this commonwealth.
1. The constitution of the nation is ordained to "provide for the common defence." In order to make "provision" for that defence, congress have the power to "provide for arming the militia," and "for calling them forth," "to repel invasions:" they have power "to provide a navy," "to raise and support armies," "to declare war."* Whenever the primary object, "the common defence," renders it necessary, the power becomes the duty of congress: and it requires no formal deduction of logick to point to the duty, when necessity shall require, of military bodies, "raised, supported, and armed." In Pennsylvania, it is explicitly declared upon the very point, that "the freemen of this commonwealth shall be armed for its defence."**
2. Homicide is enjoined, when it is necessary for the defence of one's person or house.
With regard to the first, it is the great natural law of self preservation, which, as we have seen,*** cannot be repealed, or superseded, or suspended by any human institution. This law, however, is expressly recognized in the constitution of Pennsylvania.**** "The right of the citizens to bear arms in the defence of themselves shall not he questioned." This is one of our many renewals of the Saxon regulations. "They were bound," says Mr. Sclden, "to keep arms for the preservation of the kingdom, and of their own persons."*****
* Cons. U. S. art. 1. s. 8.
** Cons. Penn. art. 6. s. 2.
***Ante. vol. 2. p. 496.
**** Art. 9. s. 21.
***** Bac. on Gov. 40.