The meaning of the Second Amendment (One Perspective)

[hansberrym]

188. Scott: "nor can an equivalent be demanded"

The "equivalent" was a fine to be paid into a fund which was used to supply arms to those who could not afford them, as well as to cover other costs.


From 1777 V A Militia act:
If any soldier be certified to the court martial to be so poor that he cannot purchase such arms, the said court shall cause them to be procured at the expense of the publick, to be reimbursed out of the fines on the delinquents of the county,
http://www.virginia1774.org/Militia1777.html


Madison's Draft of 2A:
The right of the people to keep and bear arms shall not be infringed; a well armed and well regulated militia being the best security of a free country; but no person religiously scrupulous of bearing arms shall be compelled to render military service in person.


Compare Madison's CO provision to that proposed by the VA ratifying convention:
That any person religiously scrupulous of bearing arms ought to be exempted upon payment of an equivalent to employ another to bear arms in his stead
http://constitution.org/mil/militia_debate_1789.htm



Scott's point was that without the requirement that COs pay an equivalent, the fund arising from delinquents would dry up, and thus they could not buy arms for those too poor to afford them.