The following account of Colonel Ellsworth's murder is from the pen of Mr. House, the Tribune correspondent, who actually had his hand on Colonel Ellsworth's shoulder when Jackson shot him: / http://www.fairfaxrifles.org/incident.html
"On entering the open door, the Colonel met a man in his shirt and trowsers, of whom he demanded what sort of a flag it was that hung above the roof. The stranger, who seemed greatly alarmed, declared he knew nothing of it, and that he was only a boarder there. Without questioning him further the Colonel sprang up stairs, and we all followed to the topmost story, whence, by means of a ladder, he clambered to the roof, cut down the flag with Winser's knife, and brought it from its staff. There were two men in bed in the garret, whom we had not observed at all when we entered, their position being somewhat concealed, but who now rose in great apparent amazement, although I observed that they were more than half dressed. We at once turned to descend, Private Brownell leading the way, and Colonel Ellsworth immediately following him with the flag. As Brownell reached the first landing-place, or entry, after a descent of some dozen steps, a man jumped from a dark passage, and hardly noticing the private, leveled a double-barreled gun square at the Colonel's breast. Brownell made a quick pass to turn the weapon aside, but the fellow's hand was firm, and he discharged one barrel straight to its aim, the slugs or buckshot with which it was loaded entering the Colonel's heart, and killing him at the instant
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Fourth Amendment - Search and Seizure
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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Second Amendment
A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.
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The Second Amendment,
This provision allows private citizens the right to keep the Government in check!
(“being necessary to the security of a free state”)
Although it allows citizens to protect their homes from criminals, burglars, rapist, home invasions—Its intent “as written” is to prevent the Government from running roughshod over private citizens!
The Fourth Amendment,
This provision protects citizens from the actions like the one attempted by Col Ellsworth!
In true Lincoln fashion Ellsworth invaded the home of a private citizen, with no warrant, and acting on his own accord removed the property of a law abiding citizen! This violation of the 4th amendment led to the use of the 2nd amendment.
But somehow the Northern factions paint Ellsworth as a Hero!
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