The lonely Third Amendment and its defense against quartering of troops in private homes

Posted on June 4, 2015. Filed under: Bill of Rights, Quartering Act, U.S. Constitution | Tags: , , , , |

Hello and welcome to part four of our series on the Bill of Rights. Here we shine a rare spotlight on the Third Amendment, the lonely wallflower of the Bill. Here is its unanimously undisputed text:

No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.

When we read it, we are immediately taken back to the tumultuous lead-up to the Revolutionary War. After the Boston Tea Party, one of the Coercive Acts issued by Parliament stated that British soldiers were to be quartered wherever housing existed—including people’s private homes. This only really had an effect on the Boston area, because the Coercive Acts were accompanied by a surge of soldiers to enforce them. Suddenly there were many times more British soldiers in the Boston area, and there really were not enough barracks or official military housing for them. And so the Quartering Act of 1774 read thusly:

WHEREAS doubts have been entertained, whether troops can be quartered otherwise than in barracks [within] any town, township, city, district, or place, within his Majesty’s dominions in North America: And whereas it may frequently happen, from the situation of such barracks, that, if troops should be quartered therein, they would not be stationed where their presence may be necessary and required: be it therefore enacted [that] it shall and may be lawful for the persons who now are, or may be hereafter, authorized by law, in any of the provinces within his Majesty’s dominions in North America, [at the request] of the officer who, for the time being, has the command of his Majesty’s forces in North America, to cause any officers or soldiers in his Majesty’s service to be quartered and billeted in such manner as is now directed by law, where no barracks are provided by the colonies.

And be it further enacted by the authority aforesaid, That if it shall happen at any time that any officers or soldiers in his Majesty’s service shall remain within any of the said colonies without quarters, for the space of 24 hours after such quarters shall have been demanded, it shall and may be lawful for the governor of the province to order and direct such and so many uninhabited houses, out-houses, barns, or other buildings, as he shall think necessary to be taken, (making a reasonable allowance for the same), and make fit for the reception of such officers and soldiers, and to put and quarter such officers and soldiers therein, for such time as he shall think proper.

So ominous. That Quartering Act was a long way of saying “Britain now considers the people of America to be an enemy population which will not only be placed under martial law, but will be forced to give up its own property to the soldiers commanding them.” Did they really station soldiers in “out-houses”? Luckily, or unluckily, depending on your viewpoint, “out-houses” here does not mean privy pits (outdoor bathrooms) but buildings in the yard of a house (stables, smokehouses, etc.).

During the Revolutionary War, General Washington won the hearts of many of his compatriots by refusing to let his men take anything from local people when they passed through an area—no food, firewood, clothes, or any other much-needed supplies. And he never forced people to house his soldiers anywhere on their property. Thus when the American people came to enumerate the rights they felt were most important to their life and liberty, they wanted Washington’s voluntary example to become mandatory law. And so the Third Amendment was written.

It’s interesting that it does not really completely preclude quartering. It just makes quartering a legal matter. “No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law”—that is, the government/Army is free to ask any property owner if soldiers can stay in their houses during peacetime, but during wartime there might be a law passed allowing quartering. This would be a temporary law, one feels, but it could happen. Quartering is not ruled out, it is taken out of the realm of official whim and placed within the realm of democratic law.

There has never been a major Supreme Court case predicated on the Third Amendment. That’s because the amendment immediately takes us back to the Revolutionary era, and that’s because, aside from the War of 1812, we haven’t had a war fought in our country since the Revolution. (The Pearl Harbor attack did not involve foreign soldiers landing on our soil.) During the War of 1812, our army was too small and too much on the run to trouble anyone with quartering. And so the problem that was so fresh and real in 1789 when the Third Amendment was written has become a museum piece (so far).

There have been a handful of court cases that referenced this amendment. As recently as February 2015, the District Court in Nevada rejected an argument that police officers cannot enter people’s homes without their permission because that would be a kind of quartering by saying that the police are not soldiers. (The case was sparked by police entering a home to help a victim of domestic abuse when the owner of the home [and the accused abuser] was not there.)

One colorful attempt to invoke the Third Amendment was in United States v. Valenzuela in 1951, when the defendant stated that rent control law was “the incubator and hatchery of swarms of bureaucrats to be quartered as storm troopers upon the people in violation of Amendment III of the United States Constitution.” This plea was not heard by the Court.

Let’s all hope that the Third Amendment continues to be a moot point as we move forward in our history.

Next time: the all-too-relevant Fourth Amendment

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Revolutionary Myth #3: the Revolution happened quickly

Posted on June 4, 2009. Filed under: Revolutionary War | Tags: , , , , , |

We look back and tend to see a constant boil of activity in the 1770s that led to revolution. But here in part 3 of my series of 5 Myths about the Revolutionary War, we will see this is not really so.

When you study colonial town or precinct records, you see that towns, villages, and precincts met once a year (“town meeting”) to set policy, settle debates, take actions, and elect officers. Reading the record books, it seems like discussions took years–meet in April 1737 to debate the town border, meet in April 1738 to debate the town border, April 1739, etc.  While discussions must have taken place between meetings, official actions, committees, and decisions took place only at town meeting. Sometimes an emergency meeting was called to expedite things, but not always.

So with the Revolution. While history books and narratives compress events, leading you to feel like the timespan between the first punitive Act (the Sugar Act) and Lexington and Concord was about 1-2 years, it all unfolded much more slowly. The Sugar Act was imposed in April 1764. The Stamp Act was imposed in March 1765. Patrick Henry gave his famous “if this be treason” speech about the Stamp Act that same year. The Townshend Act came two years later, in 1767. The Boston Massacre was three years later, in 1770.

Usually the Boston Massacre is presented as the tipping point, after which Revolution happened with lightning speed. Many people, if quizzed, think the Boston Massacre must have been in 1775. But it was a good five years before the fighting began. Between the Massacre and Lexington and Concord was the Boston Tea Party, in December 1773. The “Intolerable Acts” were put in place the next year, 1774.  The first Continental Congress met in fall 1774, issuing a declaration of principles…

…but still it was not until April 1775 that the war began. Why did things move so slowly?

First, of course, was communications. It took weeks to months for the Sugar Act or Townshend Acts to take full effect throughout the colonies. Thus it took that long for indignation to build amongst Americans. South Carolina would have heard about the March 1770 Boston Massacre in the spring of 1771. And they only heard about it through the determined letter writing of men like Samuel Adams; newspapers from Boston that published the story would have had it picked up by newspapers in neighboring colonies, like Connecticut and New York, and from there it might have been picked up in Pennsylvania or New Jersey, but beyond that point the story as a newspaper story would have died. It had to be disseminated by individuals’ letters, whether private or public.

There was also the winter. Winter made travel much more slow—sometimes impossible—and this meant not only that newspapers and letters traveled far more slowly, but also that all actions were on hold until the spring. Just as armies made winter camp in December and did not fight at all until April or May, so protests and meetings were on hiatus over the snowy months.

Finally, of course, there was peoples’ reluctance to go to war. Each event—Act, riot, shooting, speech—was endured or taken in and then made sense of in a way that would allow people to avoid the terror of war. Each time something happened, Americans hoped it was the last time something dangerous would happen, and that the troubles would die down and life could go back to normal. No people want to endure a war. So there was a great deal of effort expended on diplomacy and peaceful efforts to turn things around.

So really, there was no sustained fever of revolutionary activity in the 1770s, not even in Boston. Events hit people in the spring and summer, went into hibernation through the winter, and were superseded by less inflammatory, daily events the next spring—for which people were understandably grateful. It was really not until March 1774, when the Port Act went into effect against Boston, that events hit rapidly, and even then the winter of 1774-5 was quiet, with Paul Revere’s ride coming the following April 1775.

It is only when we look back and compress events from the Sugar Act to the North Bridge that it seems like a frenzy of revolution. In reality, it took 11 years, from the 1764 Sugar Act to the 1775 shootouts in Lexington, Concord, and especially Menotomy, for the Revolution to begin.

Next: Myth 4: All was well before the war

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The French and Indian War and the American Revolution

Posted on May 18, 2008. Filed under: Revolutionary War | Tags: , , , |

I had finished taking some friends from England through a historical house in my town that saw action on the first day of the Revolutionary War (April 19, 1775) when one of them asked, in all sincerity, “What started that war? I mean, what really was the cause?”

Immediate answers came to mind, sort of starting with the last straws and moving backward: the “Intolerable Acts” (see a fantastic post on why we could stop using this term at Boston 1775), the refusal of Parliament to seat American members, Stamp Tax, Sugar Act—all the tax acts—the tireless activism of Samuel Adams and his mechanics… all the way back to the English Civil War itself and its effects on American-English relations (as covered in What caused the Revolutionary War?). But rather than go into all that back story with my friends, who wanted to hear something about history on American soil, I pulled out the French and Indian War.

All those tensions between England and America described in “What caused the Revolutionary War?” created a constant atmosphere of difference and distance between America and England.  But if I had to set a date for when that tension Americans felt shifted to demands for outright separation from England, I’d say the aftermath of the French and Indian War (1754-1763).

Americans had supported the war. In fact, they had basically demanded that England remove the perceived French threat to the western frontier. So long as they didn’t have to pay for it, Americans wanted the war to be fought, and took part on a strictly voluntary basis. 

With each shared victory, Americans celebrated heartily. And at the practical end of the war—the capture of Montreal—the Pennsylvania Gazette put it this way on September 11, 1760: “We now have the Pleasure to congratulate our Countrymen upon the most important Event, as we apprehend, that has ever happened in Favour of the British Nation . . . the War in Canada is at an End: The Governor, has surrendered the Country to the British General Amherst without Bloodshed. The Subjects of France are to be sent Home, all that remain of the French are to swear Allegiance to His Majesty, and retain their Possessions.”

“Our Countrymen.” We still felt that way about the British in 1760. But when the war was officially over, and Britain’s taxpayers were reeling under the expense, the British moved that Americans should share the burden of that expensive war fought for their benefit at their request. And that’s when all hell broke loose.

A lot of maybes come into play at that point. Maybe if the British had invited American representatives to discuss the taxes there would have been no protests in America. Maybe if the British had required the Americans to share the burden of expenses during the war (even just feeding and quartering soldiers) there would have been no heavy taxes after the war.

As it is, the taxes went through without American input and the people of Boston in particular were hit hard. The people of Boston protested most forcibly and, in the end, led the charge to revolution.

It was a little awkward for me to privately think, as I spoke to those English friends, that in 1775 the people of Boston were just about the only ones ready to fight.  That it would take a long time to get other Americans on board. That the other colonies were very content to watch and wait and let Massachusetts fight.

So I just answered their question with my on-the-spot response: It was the French and Indian War that pulled the trigger on the Revolutionary War. All the little irritations of being in a colonial relationship were enlarged and rendered insufferable by the taxes that came due to pay for that war. All the statues of King George III that Massachusetts colonists had erected in 1763 to celebrate the victory over the French were pulled down by the same colonists and melted into bullets in 1775.

After that point, it was just a matter of framing the arguments for war, which took many years. But the ball was rolling, and the French and Indian War was what sent it downhill.

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