A Well Regulated Militia 1757-1800





 
 

 

APRIL 1757 – 30th GEORGE II.

Chap II.

An Act for preventing Mutiny and Desertion.

"And whereas no man can be forejudged of life, or limb, or subject to any kind of punishment by martial law, or in any other manner, than by the judgment of his peers, and according to the known and established laws of this colony: Yet nevertheless it being requisite for the retaining such forces in their duty, that an exact discipline be observed, and that the soldiers who shall mutiny or stir up sedition, or shall desert his majesty's service be brought to a more exemplary and speedy punishment, than the usual forms of the law will allow...That every constable charged with the conducting any deserter, shall be and is hereby impowered to impress men and horses where necessary, for the safe conveying the deserter or deserters wherewith he stands charged; and if such constable shall suffer such deserter to escape, he shall forfeit and pay five hundred pounds of tobacco to the use of the informer, to be recovered in the manner herein before mentioned. And for the better encouragement of any person or persons to secure or apprehend such deserters aforesaid."

 

APRIL 1757 - - 30th GEORGE II.

CHAP. III.

An Act for the better regulating and disciplining the Militia. (Entire Text)
 
 

"I. WHEREAS it is necessary, in this time of danger, that the militia of this colony should be well regulated and disciplined...And be it further enacted, by the authority aforesaid, That every person so as aforesaid inlisted (except free mulattoes, negroes, and Indians) shall be armed in the manner following, that is to say: Every soldier shall he furnished with a firelock well fixed, a bayonet fitted to the same, a double cartouch-box, and three charges of powder, and constantly appear with the same at the time and place appointed for muster and exercise, and shall also keep at his place of abode one pound of powder and four pounds of ball, and bring the same with him into the field when he shall be required: And if it shall be certified to the court of any county, by order of the court-martial, that any soldier inlisted in such company is so poor as not to be able to purchase the arms aforesaid, then such court shall, and they are hereby required, immediately to depute some person to send for the same to Great Britain by the first opportunity, and to levy the charge thereof in the next county levy; which arms so to be sent for shall be marked with the name of the county; and if any person shall presume to buy or sell any such arms, so provided as aforesaid, then, and in such case, every person so buying or selling shall forfeit and pay the sum of six pounds, to be recovered, with costs, by information, before the court of the county to which the arms shall belong, or in the court of the county wherein the offender or offenders shall reside, one moiety whereof shall be to and for the use of the county to which the arms shall belong for the purchasing other arms, and the other moiety to the informer: And all arms purchased by any county and delivered to any poor soldier, as aforesaid, shall, on his death or removal out of the county, be delivered to the chief officer of the militia in the county, or to the captain of the company to which such poor soldier did belong, to be by such officer delivered to any other poor soldier that the commanding officer of the said county shall adjudge unable to provide himself with arms, as aforesaid. .."
April 1757--30th GEORGE II:
 
 
An Act for reducing the several acts for making provision against invasions and insurrections into one act. (Entire Text)

"II. And be it further enacted, by the authority aforesaid, That every officer of the militia, to whom notice shall be given of any invasion or insurrection, shall raise the militia under his command, and send intelligence to the county lieutenant, or in his absence to the chief commanding officer in the county, and shall moreover immediately proceed to oppose the enemy according to the orders he shall receive from his chief commanding officer until further orders arrive from the governor or commander in chief of this dominion for the time being,…”

 

APRIL 1757 -- 30th GEORGE II.

CHAP. VIII.

An Act for the more effectual preventing and, repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony.

 

Bryan Fairfax, June 1757, Roll of Fairfax County Militia Detachment

 

August 15, 1757

Letter from Joseph Chew to George Washington : Intelligence Report of the Siege of Ft. William Henry

MARCH 1758 – 31st GEORGE II.

CHAP I.

An Act for Augmenting the forces in the pay of this Colony to two thousand men; and for other purposes therein mentioned.

 

MARCH 1758 – 31st GEORGE II.

CHAP II.

An Act for continuing and amending an act, intituled, An Act for preventing mutiny and desertion.

"Be it further enacted, by the authority aforesaid, That for and during the continuance of this act, and no longer, it shall and may be lawful to and for any one justice of the peace in any county, city or borough within this colony, and he is hereby required to billet the soldiers in his majesty's service in ordinaries and licenced taverns, and in no private houses whatsoever; nor shall any more billets at any time be ordered than there are effective soldiers present to be quartered. "

 

SEPTEMBER 1758−−32d GEORGE II.

CHAP. I.


An Act for the defence of the Frontiers of this Colony, and for other purposes therein mentioned.


CHAP. IV.


An Act for continuing an act, intituled, An Act for reducing the several acts for making provision against invasions and insurrections into one act.


I. WHEREAS the act of assembly made in the thirtieth year of his present majesty's reign, intituled, An Act for reducing the several acts for making provision against invasions and insurrections, in to one act, will expire on the eighth day of June next; and it being necessary and expedient that the said act should be continued: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said recited act of assembly, and every clause and article thereof, shall continue and be in force from and after the said eighth day of June next, for an during the term of one year from thence next following, and no longer.

 

CHAP. VII.


An Act for repealing an act, intituled, An Act for the more effectual preventing and repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony.


I. WHEREAS the act of assembly, intituled, An Act for the more effectual preventing and repelling the hostile incursions of the Indians at enmity with the inhabitants of this colony, hath been found not to answer the purposes thereby intended, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said recited act of assembly shall be, and the same is hereby repealed.

 

NOVEMBER 1758−−32d GEORGE II.

CHAP. I.


An Act to amend an act, intituled, An Act for the defence of the frontiers of this colony, and for other purposes therein mentioned.


I. WHEREAS by an act passed at the last session of assembly, intituled, An Act for the defence of the frontiers of this colony, and for other purposes therein mentioned, it is among other things enacted, That a sum, not exceeding fifteen thousand pounds, shall be paid and accounted for, in the manner as in the said act is directed, for the subsistance and pay of the first regiment, part of the said forces, from the first day of December to the first day of May following: With a proviso, That the said regiment, during that time, shall be stationed in small parties or detachments upon the frontiers of this colony, and be employed in ranging thereon, for the better protection thereof; and if the said regiment shall be detained or prevented by any authority whatsoever from returning to this colony after the said first day of December, or shall not after their return be employed in the service aforesaid, their pay and subsistance hereby given shall cease, and the said regiment shall not be deemed or taken to be in the service or pay of this colony, any thing in the said act to the contrary notwithstanding. With a further proviso, That during the time aforesaid the chaplain, adjutant, quarter master, and fort-major, shall not be continued in the said regiment; that there shall be but one colonel to the said regiment, and that no allowance shall be made to the said colonel for the expence of his table.

II. And whereas the said regiment, and the other forces in the pay of this colony, in conjunction with his majesty's regular forces, are now on their march to attack the enemy at Fort Du Quesne, and the withdrawing the said regiment at such a juncture may not only be of the most dangerous consequence to the said colony, but also occasion the defeat and total loss of the regular forces now on that expedition: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the governor or commander in chief of this colony shall have full power and authority to continue both the regiments now in the pay of this colony under the present establishment and regulation, and employ them in such manner and on such service as he shall judge most conducive to his majesty's interest and the safety of this colony, till the first day of January next, any thing in the said recited act to the contrary or seeming to the contrary, notwithstanding.

III. Provided always, That the soldiers in the second regiment shall not be obliged or compelled to continue in the service longer than the first day of December, and shall then be at liberty to quit the said service without being subject to the penalties inflicted by law for desertion. How long soldiers in 2d regiment may be continued.


IV. And be it further enacted, by the authority aforesaid, That John Robinson, esquire, treasurer, or the treasurer for the time being, appointed by or pursuant to an act of assembly, out of the public money that shall come to his hands, shall pay to such person or persons as shall be directed by warrant from the governor or commander in chief of this colony for the time being, so much money as shall be necessary for the pay of the said second regiment from the first day of December to the said first day of January next.

 

FEBRUARY 1759−−32d GEORGE II.

CHAP. I.


An Act for granting an aid to his majesty, for the better protection and defence of this colony, and for other purposes therein mentioned.

 

 

CHAP. IV.


An Act for continuing an Act, intitutled, An Act for the better regulating and disciplining the Militia.


I. WHEREAS the act of assembly, made in the thirtieth year of the Reign of his present Majesty, intituled, An Act for the better regulating and disciplining the Militia, will expire on the eighth day of June, one thousand seven hundred and sixty; and it being necessary that the same should be continued : Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said act of Assembly, made in the thirtieth year of the Reign of his present Majesty, intituled, An Act for the better regulating and disciplining the Militia, shall continue and be in force, from and after the said eighth day of June, one thousand seven hundred and sixty, for and during the term of three years from thence next following.

CHAP. V.

An Act for further continuing an Act, intituled, An Act for reducing the several Acts for making provision against Invasions and Insurrections, into one Act.


I. WHEREAS the act of Assembly, made in the thirtieth year of the reign of his present majesty, intituled, an Act for reducing the several Acts for making provision against invasions and insurrections, into one act, will expire the eighth day of June, one thousand seven hundred and sixty ; and it being necessary and expedient that the said act should be further continued, Be it enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said recited act of assembly, shall continue and be in force, from and after the said eighth day of June, one thousand seven hundred and sixty, for and during the term of one year from thence next following.

CHAP. IX.


An Act to amend the Act, intituled, An Act for granting an Aid to his Majesty, for the better Protection and Defence of this Colony, and for other purposes therein mentioned.


I. WHEREAS by an act of this present session of Assembly, intituled, An act for granting an Aid to his majesty, for the better protection and defence of this colony, and for other purposes therein mentioned, it is enacted, That an additional number of five hundred men shall be raised, to be divided into five companies, under the command of a lieutenant colonel, four captains, ten lieutenants, and five ensigns, and employed for the protection of the subjects on the frontiers of this colony, as the governor or commander in chief shall, from time to time, direct; and shall not be incorporated with the Virginia regiment, joined with the king's forces, employed to garrison Pittsburg, or sent out of this colony upon any pretence whatsoever.

II. And whereas since the passing the said act it is found necessary that two hundred of the said five hundred men, so to be raised, should be employed as artificers to be joined to the said regiment: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That it shall and may be lawful for the governor or commander in chief of this colony, for the time being, to order and direct two hundred men, with their officers, part of the said five hundred men to be raised as aforesaid, to join the said regiment, to be employed as artificers, any law to the contrary notwithstanding; and the said two hundred men, so to be employed, shall receive, over and above the bounty given them by the above recited act at the time of their enlisting, the further sum of five pounds current money each.

CHAP. X.


An Act for further continuing an Act, intituled, An Act for preventing Mutiny and Desertion, and for other purposes therein mentioned.


I. WHEREAS an act of Assembly was made in the thirtieth year of the reign of his present majesty, intituled, An act for preventing mutiny and desertion, which was continued by another act made in the following year, intituled, An act for continuing and amending an act, intituled, An act for preventing mutiny and desertion, with an additional clause in the said last mentioned act contained, and will soon expire, and it is expedient that the said first mentioned act together with the said additional clause, in the other act mentioned, should be further continued: Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly, and it is hereby enacted, by the authority of the same, That the said act of Assembly, made in the thirtieth year of his majesty's reign, intituled, An act for preventing mutiny and desertion, together with the said additional clause contained in the said act made in the following year, shall continue and be in force, from and after the expiration thereof, for and during the term of one year from thence next following, and no longer.

November 1762-- 3d GEORGE III:

CHAP. III.

An Act for amending and further continuing the act for the better regulating and disciplining the Militia. (Entire text)
 

"V. And be it further enacted , by the authority aforesaid, That every person so exempted shall always keep in his house or place of abode such arms, accouterments, and ammunition, as are by the said act required to be kept by the militia of this colony; and if he shall fail or refuse to do so he shall forfeit and pay the sum of five pounds, to be levied and assessed on him in the same manner as the several fines and forfeitures inflicted by the said act are directed to be levied and assessed: And such exempts shall also, in case of any invasion or insurrection, appear with their arms and ammunition at such place as shall be appointed by the commanding officer of the militia of their respective counties, cities, or boroughs and shall then be incorporated with, and be subject to the same discipline, rules, and orders, and also the same fines and forfeitures and penalties, for non-appearance or misbehaviour, as the other militia of this colony are subject to...

VI. And be it further enacted, by the authority aforesaid; That from and after the passing of this act the lieutenant, or chief commanding officer, of the militia of the several counties of this colony, and also of the City of Williamsburg and borough of Norfolk, shall cause a general muster of the several companies of their militia once only in every year, to be in the months of March or April"
 


NOVEMBER  1762 - - 3d GEORGE III.
 

CHAP. XVII.

An Act for disposing of the publick stores of gunpowder in the Magazine in the city of Williamsburg.
 


  The Royal Proclamation - October 7, 1763
 

January 1764 -- 4th GEORGE III.
 

An act for appointing commissioners to examine and state the accounts of the militia lately ordered out into actual service, and for other purposes therein mentioned. (Entire Text)

"I. WHEREAS several companies of the several counties herein after named have lately been drawn out into actual service, by command of his honour the Governor, for the defence and protection of the frontiers of this colony, against the incursions and depredations of the Indians, and it will be a great saving to the colony to have the accounts of their pay, and the provisions, arms, and other necessaries furnished for them, adjusted by commissioners in the country; and it is moreover judged reasonable, and expedient at this time when the defence of the colony must depend upon our militia, to allow them some additional reward to encourage them cheerfully to enter into the service, and perform their duty therein:

II. Be it therefore enacted, by the Lieutenant-Governor, Council and Burgesses, of this present General Assembly, and it is hereby enacted by the authority of the same, That George Washington, Fielding Lewis, William Green, Thomas Marshall and Thomas Rutherford, gentlemen, be, and they are hereby appointed commissioners for the counties of Hampshire, Frederick, Culpepper, Prince-William, Loudoun and Fauquier, and Thomas Walker, George Carrington, William Cabell, Thomas Lewis, and Peter Hogg, gentlemen, for the counties of Augusta, Louisa, Orange, Albermarle, Amherst, Bedford and Halifax, to examine, state, and settle the accounts of such pay, provisions, arms, and necessaries of the militia of the counties for which they are appointed commissioners respectively, allowing in such accounts the additional pay of sixpence a day to every subaltern and non-commissioned officer and soldier, and also the pay of five shillings a day to such persons employed as a scout by direction of the governor; and where arms have been impressed  for the said service, and the proprietor thereof hath refused, or shall refuse, such arms when returned, in such case the said commissioners shall allow such proprietor the appraised value thereof, and all such arms shall be delivered to the county-lieutenant , or other commanding officer, for the use of the publick, to be used by the militia as occasion requires, until the General Assembly shall give further direction therein...."
 

OCTOBER 1765 – 5th GEORGE III

CHAP. XXIII.

 

An act for appointing Commissioners to examine and state the accounts of the Militia lately ordered out into actual service, and for other purposes therein mentioned.

 

November 1766 – 7th GEORGE III.

CHAP. VII.

An act to amend so much of the act for the better regulating and training the militia as relates to the appointment of patrollers, their duty and reward. (Entire Text)

 

November 1766 -- 7th GEORGE III.
 

CHAP. XXXI.

An act to continue and amend the act for better regulating and disciplining the militia. (Entire Text)
"VII. And be it further enacted by the authority aforesaid, That every person so exempted (not being a Quaker) shall always keep in his house or place of abode, such arms, accoutrements and ammunition, as are by the said act required to be kept by the militia of this colony; and if he shall fail or refuse so to do, he shall forfeit and pay the sum of five pounds, to be levied and assessed on him in the same manner as the several fines and forfeitures, inflicted by the said act, are directed to be levied and assessed: And such exempts shall also, in case of any invasion or insurrection, appear with their arms and ammunition, at such place as shall be appointed by the commanding officer of the militia of their respective counties, cities, or boroughs, and shall then be incorporated with, and be subject to the same discipline, rules and orders, and also the same fines, forfeitures and penalties, for non-appearing or misbehaviour, as the other militia of this colony are subject to.
 
 

  The Treaty of Fort Stanwix (1768).

JULY 1771 – 11th GEORGE III.

 

CHAP. II.

An act for further continuing the act, intituled An act for the better regulating and disciplining the militia. (Entire Text)

 

 

March 25, 1775
 
Resolution by the Delegates at the Convention in Richmond to Raise the Militia In Defense and Rebellion Against Great Britain

"The Convention then took into their consideration, according to the order of yesterday, the plan for embodying, arming, and disciplining the militia; which being read, and amended, was unanimously agreed to, as follows:

The committee propose, that it be strongly recommended to the colony diligently to put in execution the militia law passed in the year 1738, entitled "An act for the better regulating of the militia," which has become in the force by the expiration of all subsequent militia laws.

The committee are farther of opinion, that as, from the expiration of the above mentioned latter laws, and various other causes, the legal and necessary disciplining the militia has been much neglected, and a proper provision of arms and ammunition has not been made, to the evident danger of the community in case of invasion or insurrection, that it be recommended to the inhabitants of the several counties in this colony that they form one or more volunteer companies of infantry and troops of horse in each county, and to be in constant training and readiness to act on any emergency.

That it be recommended, particularly to the counties of Brunswick, Dinwiddie, Chesterfield, Henrico, Hanover, Spotsylvania, King George, and Stafford, and to all counties below these, that, out of such their volunteers, they form each of them one or more troops of horse; and to all the counties above these, it is recommended that they pay a more particular attention to the forming a good infantry.

That each company of infantry consist of sixty eight rank and file, to be commanded by one Captain, two Lieutenants, one Ensign, four Serjeants, and four Corporals; and that they have a Drummer, and be furnished with a drum and colours: That every man be provided with a good rifle, if to be had, or otherwise with a common firelock, bayonet, and cartouch box, and also with a tomahawk, one pound of gunpowder, and four pounds of ball at least, fitted to the bore of his gun; that he be clothed in a hunting shirt, by way of uniform: and that all endeavour, as soon as possible, to become acquainted with the military exercise for infantry appointed to be used by his Majesty in the year 1764.

That each troop of horse consist of 30, exclusive of officers; that every horseman be provided with a good horse, bridle, saddle, with pistols and holsters, a carbine, or other short firelock, with a bucket, a cutting sword, or tomahawk, one pound of gunpowder, and four pounds of ball, at the least, and use the utmost diligence in training and accustoming his horse to stand the discharge of fire-arms, and in making himself acquainted with the military exercise for cavalry.

That, in order to make a farther and more ample provision of ammunition, it be recommended to the committees of the several counties, that they collect from their constituents, in such manner as shall be most agreeable to them, so much money as will be sufficient to purchase half a pound of gunpowder, one pound of lead, necessary flints and cartridge paper, for every tithable person in their county; that they immediately take effectual measures for the procuring such gunpowder, lead, flints, and cartridge paper, and dispose thereof, when procured, in such place or places of safety as they may think best: And it is earnestly recommended to each individual, to pay such proportion of the money necessary for these purposes as by the respective committees shall be judged requisite.

That as it may happen that some counties, from their situation, may not be apprized of the most certain and speedy method of procuring the articles before mentioned, one general committee should be appointed, whose business it should be to procure, for such counties as may make application to them, such articles, and so much thereof, as the monies wherewith they shall furnish the said committee will purchase, after deducting the charges of transportation, and other necessary expenses.

Resolved, that Robert Carter Nicholas, Thomas Nelson, and Thomas Whiting, Esquires, or any two of them, be a committee for the purpose a fore-mentioned."
 
 

 

 

 JULY 1775 - - INTERREGNUM

An ordinance for raising and embodying a sufficient force, for the defence and protection of this colony.

(Formation of Minute-men Battalions, Division of the Colony of Virginia into 16 Militia/military Districts.)
 

 
"WHEREAS it is found necessary, in the present time of danger, that a number of forces should be immediately raised, and that the militia should be settled under proper arrangements, and be thoroughly disciplined, for the better protection and defence of the country against invasions and insurrections:..And whereas it is judged necessary, for the better protection of the country in, times of imminent danger, that certain portions of the militia throughout the whole colony should be regularly enlisted, under the denomination of minute-men, and more strictly trained to proper discipline than hath been hitherto customary, and, to this end, that the whole colony should be divided into proper and convenient districts:...And be it farther ordained, That, in order to render them the more skilful and expert in military exercise and discipline, the several companies of minute-men shall twice in every year, after the exercise of the twenty days, be again embodied, and formed again into distinct battalions within their districts, and shall at each meeting continue in regular service and training for twelve successive days, at such convenient places within each district as shall be appointed by each committee, of deputies,...And be it farther ordained, That every militia man so to be enlisted shall furnish himself with, a good rifle, if to be had. Or otherwise with a tomahawk, common firelock, bayonet, pouch, or cartouch-box, three charges of powder and ball, and appear with the same at the place appointed for mustering, and shall constantly keep by him one pound of powder and four pounds of ball, to be produced whenever called for by his commanding-officer....And be it farther ordained, That the companies to be raised in the districts of Pittsylvania, Fincastle, Bedford, and Botetourt, and of Berkeley, Frederick, Dunmore, and Hampshire, Augusta, Albemarle, Buckingham, and Amherst, Culpeper, Fauquier, and Orange, shall consist of expert rifle-men; and shall be, by the committee of safety, allotted two to each regiment, to be employed as light infantry"
JULY 1775 - - INTERREGNUM

CHAP. II.

An Ordinance for the better government of the forces to be raised and employed in the service of the colony and dominion of Virginia. (Articles of War)

 
"BE it ordained, by the representatives of the people in Convention assembled, and by the authority of the same, That the following rules and articles be established, that is to say;

Article I. That every officer and soldier who shall serve in the provincial army, either of regulars or minute-men, shall, at the time of accepting his commission, and enlistment, subscribe the following rules and regulations, and thereafter be bound by the same; and moreover, every officer and soldier (except quakers, who are to make a solemn affirmation to the same effect) shall take the following oaths, to be administered by the committee of safety to the field-officers, by the respective county committees to the officers to be by them nominated, and by a justice of peace to any soldier, not under two days from the time of his enlistment, or a member of the committee of any county, city, or borough, where he may be enlisted."
 
 

JULY 1775 - -  INTERREGNUM

CHAP. III.

An ordinance appointing a Committee of Safety, for the more effectual carrying into execution the several rules and regulations established by this convention for the protection of this colony.

 

"WHEREAS in the present time of danger, and the alarming and distressed situation of the country, it is judged necessary that a committee of safety should be established, for the better and more effectual carrying into execution the several ordinances and resolutions of this convention:

Be it therefore ordained, by the delegates deputed to represent the several counties and corporations within this colony in the present general convention, and it is hereby ordained by the authority of the same, That Edmund Pendleton, George Mason, John Page, Richard Bland, Thomas Ludwell Lee, Paul Carrington, Dudley Digges, William Cabell, Carter Braxton, James Mercer, and John Tabb , esquires, be, and they are hereby appointed and declared a committee of safety throughout this colony for the purposes aforesaid..."
 
 

Virginia Militia Victory!


Virginia Gazette, Oct. 16, 1775.

THE affair at Hampton is at once a proof of the natural bravery of our countrymen, of the excellence of their aim in firing, and of the insignificancy of tenders: No troops could shew more intrepidity than the raw, new raised men under command of Captain Nicholas, of the 2d Regiment, and Captain Lyne, of the Minute-Men, together with some of the country Militia. These brave young Officers, at the head of their men, without the least cover or breast-work, on the open shore, stood a discharge of 4 pounders, and other cannon, from a large schooner commanded by Captain Squire himself, and from a sloop and two tenders, which played on them with all their guns, swivels, and muskets. They stood cooly till the vessels were near enough for them to do execution, when they began a brisk and well directed fire, which forced the little squadron to retire. In the night the tenders forced their way through the vessels which were sunk in the mouth of the river, and came close up to the very town, on which they fired till they were again repulsed with the loss of 9 men killed on board the schooner, and many wounded, 2 killed on board a tender which was boarded and taken, and from which Lieutenant Write, of the Otter, made his escape wounded, by swimming to the schooner on the opposite shore. Colonel Woodford, who had just entered the town as the fire began, with a reinforcement of 50 fine rifle-men under the command of Capt. Bluford, an experienced and brave rifle-man, completed the victory; and we have no doubt, could Pthey have arrived an hour sooner, so as to have posted their men properly, that the schooner and tenders would have been taken.
 

It is very remarkable, and ought to be looked upon as an instance of the divine protection, that not one of our men was even wounded in the several attacks.

The Colonel writes that all the men behaved with great resolution, and were too eager. The troops in town are in high spirits, and wish for an attack in this quarter; they are all excellent marksmen, and fine bold fellows. After all the firing at the houses in Hampton, there were only a few windows broke, and a door pannel. Lord Dunmore may now see he has not cowards to deal with. Every praise is due to Capt. Nicholas and Capt. Lyne; they deserve the warmest thanks of their country, and the praises of posterity. The soldiers, it is said, by the advice of the Colonel, are to have the prize divided amongst them for their bravery.

It is said Capt. Lyne, who fired the first gun in the attack at the mouth of the river, killed a man by that very fire.

Several of Lord Dunmore's men, we are assured, are taken prisoners."
 
 

Virginia Gazette, Oct. 20, 1775.

"The Americans load their rifle-barrel guns with a ball slit  almost in four quarters, which when fired out of those guns breaks into four pieces and generally does great execution."

MAY 1776—lNTERREGNUM.

CHAP. XI.

An ordinance for augmenting the ninth regiment of regular forces providing for the better defence of the frontiers of this colony, and for raising six troops of horse (Entire Text).

"And whereas there is too much reason to apprehend the enemies of America are endeavouring to kindle an Indian war on our frontiers, which ought timely to be provided against: Be it therefore farther ordained, by the authority aforesaid. That four hundred men be employed for the defence of the north and north-western frontiers, and stationed at the following places, that is to say, two hundred at Point Pleasant, fifty at the mouth of Little Kanawah, fifty at the mouth of Wheeling, and one hundred at Fort Pitt for so long time as the committe of safety, or others having the executive powers of government during the recess of the legislature, shall judge them necessary."

 

OCTOBER 1776—1st of COMMONWEALTH

CHAP. XIII.

 

An Act for making a farther provision for the internal security and defence of this country. (Entire Text)

"To prevent disputes which might arise between continental officers and those of the like rank in this commonwealth, when they shall act together. Be if enacted, That in all such cases the officers of this state shall yield to all continental officers of the same rank, and that in all cases where the militia are called into service, at any place where any of the continental forces, or those raised for the defence of this country, shall be employed, such militia shall be under the direction of the commanding officer of the continental or regular forces during the time of their continuance in such service, provided he be of equal or superiour rank to any officer in such militia...

And for manning the said gallies, as well as the others which are now building. Be it farther enacted, by the authority aforesaid. That the commissioners for naval affairs may, and they are hereby empowered and required to raise any number of men they shall think necessary for the same, not exceeding in the whole one thousand three hundred exclusive of officers, to serve on board the Virginia fleet, for the term of three years from the first day of March next; and for that purpose, the said commissioners may, from time to time, settle and determine the proper officers and number of men for each galley, as well as the proportion or quota of men to be enlisted by each officer; The said officers to be recommended by the said commissioners, approved of by the governour and privy council, and commissioned by the governour; which officers, so appointed, shall proceeed to enlist the men accordingly, and shall have rank from the completion of their said quotas, and be entitled to the same pay and allowances respectively, and subject to the same rules and regulations, with the other officers of the Virginia navy. And if any such officer shall fail to enlist his quota of men, the governour, by and with the advice of the privy council, shall have power either to continue such officer or appoint another in his stead, as they shall Judge best for the publick service...

And whereas the minute companies formerly raised in this country are already greatly reduced by enlistments into the regular service, and are likely to be more so by future enlistments, so that there remains little prospect of their answering the purposes of their institution, and moreover it will tend to weaken the militia of this commonwealth, and may create discontents, if such broken companies of minute-men continue exempt from militia duty. Be it therefore enacted, by the authority aforesaid. That from and after the passing this act all the minute battalions, companies, and parts of companies, throughout this state shall be totally dissolved and discharged, and the said minute-men shall thereafter be considered as militia, and be subject to all such rules and regulations as are or shall be established for the better training and disciplining the militia; and the captains of each minute company shall, and they are hereby required to receive of each man in their respective companies all such arms and other accoutrements as have been provided at the publick expense, and deliver, or cause the same to be delivered, to the county lieutenant of each county, to be disposed of as the governour, with the advice of the council, shall direct. "

 

First State of Virginia Militia Act/ Other Acts to Defend the Commonwealth and the United States



Militia Act of May 1777

 The Militia clause of the Virginia Bill of Rights, Article I, Section 13, was in full force when this act was passed. The May 1777 act pays respect to this new right.
 

"All other acts and ordinances, so far as they relate to regulating and disciplining the militia of the several counties, are hereby repealed: Provided, nothing, in this act shall be construed to alter or change anything contained in the general constitution or form of government..."


MAY 1777—1st of COMMONWEALTH.

CHAP. II.

An act for the more speedily completing the Quota of Troops to be raised in this commonwealth for the continental army, and for other purposes.
 

"WHEREAS it is of the greatest moment to the cause of America that the continental army be speedily completed, Be it therefore enacted by the General Assembly, That any two of the militia of any county, city, or borough, who shall, before the first day of October next, procure one able bodied soldier, other than an apprentice or servant, within the time of his conviction or indenture, and those employed in the publick manufactories of fire arms, to serve for the term of three years, or during the present war, in either of the first nine battalions raised within this commonwealth, and shall deliver such recruit to any officer in one of the said battalions, taking his receipt, which such officer is hereby required to grant, and also procuring the certificate of the justice before whom such recruit shall be sworn, shall be exempted from all draughts whatever, and from attending private and general musters in the respective militia to which they belong, which exemption shall continue during the term for which such recruit shall be enlisted; and the recruit so enlisted shall be entitled to, and receive the continental bounty, and other allowances, over and above all private gratuities, provided that the number of soldiers so enlisted shall not exceed the twentieth part of the militia of each county, city, or borough, within this commonwealth..."

 

May 1777- 1st of COMMONWEALTH

CHAP. III.

An act to oblige the free male inhabitants of this state above a certain age to give assurance of Allegiance to the same, and for other purposes.

 

MAY 1777 -- 1st of COMMONWEALTH

CHAP. VII.

An act for providing against Invasions and Insurrections.
 
 

MAY 1777 -- 1st of COMMONWEALTH

CHAP. XVII

An act for regulating and disciplining the militia of the city of Williamsburg and borough of Norfolk.
 

OCTOBER 1777 - - 2nd of COMMONWEALTH

CHAP. I

An Act for speedily recruiting the Virginia Regiments on the continental establishment and for raising additional  troops of Volunteers.
 

 
"And whereas it is of the greatest importance to the American cause to open the ensuing campaign as early as possible, and to render its operations more decisive and effectual, that the army under the command of his excellency general Washington should be reinforced by an additional number of troops to be raised for that purpose in this commonwealth"

 

 

OCTOBER 1777 - - 2nd of COMMONWEALTH
 

CHAP. VII.

An act for better securing the commonwealth and for the farther protection and defence thereof.
 

"FOR more effectually securing the commonwealth against the designs and attempts of certain evil minded persons, now or lately in the counties herein after mentioned, who, lost to all sentiments of virtue, honour, or regard for their country, have been induced to aid the enemy:"

 

OCTOBER 1777 - - 2nd of COMMONWEALTH

CHAP. VIII.

An act for speedily clothing the troops raised by this commonwealth now in continental service.

 

MAY 1778 -- 2nd of COMMONWEALTH

CHAP I.

An act for raising Volunteers to join the Grand Army

CHAP. II.

 

An Act for raising a regiment of Horse.

 

CHAP. III.

An act for raising a Battalion of Infantry for garrison duty and for other purposes.

 

CHAP. IV.

 

An act for recruiting the continental army and other purposes therein mentioned.

 

MARCH 1781 – 5th of COMMONWEALTH

CHAP. I

An act to raise two legions for the defence of the state.

CHAP. III.

An act for ascertaining the number of militia in this state.

 

Militia Returns for the years 1780-1781.

MAY 1781—5th OF COMMONWEALTH.

CHAP. III.

An act to amend the act for raising two legions for the defence of the state.

 

MAY 1781—5th OF COMMONWEALTH.

 

CHAP. IV.

An act for establishing martial law within twenty miles of the American army, or the enemy's camp.

 

MAY 1781 – 5th of COMONWEALTH

CHAP. VIII

An act to amend the act for regulating and disciplining the militia, and for other purposes.(Entire Text)

"That the militia of this commonwealth, when drawn out into actual service, except upon sudden alarms, for the defence of their respective counties, shall be entitled to and receive the same pay and rations as the officers and soldiers in continental service.  The captain or other officer commanding a company or detachment, shall, when discharged, make out a pay-roll to commence from the day they join the army when to act within the state, and from the commencement of their march when they are to act out of the state, which shall be examined and certified by the commanding officer of the regiment or detachment to whom they belonged; which pay-roll shall be by the officer laid before the auditors, of public accounts, who are hereby empowered and required to issue printed certificates agreeable thereto, and shall be by the captain or officer paid to the men entitled to receive the same, which said certificates shall be receivable in taxes; and in case any person or persons shall counterfeit, alter or erase, or shall aid or assist in counterfeiting, altering or erasing, the certificates so issued, or shall attempt to pass the same knowing them to be counterfeited, altered or erased, he or she so offending shall be deemed a felon and suffer death without the benefit of clergy.   No person shall be considered to have performed a tour of duty unless he shall have joined the army or detachment where ordered. A tour shall not exceed two months, unless the relief ordered shall not arrive in time from any unavoidable accident. The militia marching to and from camp shall be furnished with rations at the public expence."

 

MAY 1781 -- 5th of COMMONWEALTH

Chap. XX.

An act for enlisting soldiers to serve in the continental army.

 

OCTOBER 1785 – 10th of COMONWEALTH

 

CHAP. I.

An act to amend and reduce into one act the several laws for regulating and disciplining the militia and guarding against invasions and insurrections.

 


Manual of Arms

1) 1764 Manual of Arms

2) To all brave, healthy, able bodied, and well disposed young men in this neighbourhood, who have any inclination to join the troops now raising under General Washington, for the defense of the liberties and independence of the United States, against the hostile designs of foreign enemies, take notice ... [1779].


Post 1800 Laws

Military Laws Containing: Extracts from the Federal and State Constitutions, Synopsis of the Organization of the Militia, Militia Laws of Virginia, Militia Laws of the United States, Articles of War, Army Regulations, Descriptions of Uniform, Forms, &c., Adjutant General's Office, C.W. Gooch, Adjutant General, (1820).