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Elf Sternberg
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Date: 2010-03-24 06:18 pm (UTC)According to "Jos. Gales, Debates and Proceedings in the Congress of the US (1834)", Congress seriously debated the legality of the militia acts requiring that persons pay for their arms themselves. They proposed, but did not pass, an amendment that would have had the government pay for the arms instead.
The matter appears to have been re-raised several times over the next 70 years and was finally changed in 1903.
So I'd say that it was far from clear that what Washington did was legal.