Self-evidently, the veritable legion of legislators who enacted, reënacted, and reënacted yet again these statutes during the late 1600s and throughout the 1700s could never have expected most Militiamen
• to arm themselves—for instance, to “find themselves armes” (Rhode Island, 1665);(footnote 1) “to accoutre themselves with * * * carbine and pistol” (Rhode Island, 1701);(footnote 2) “to provide himself with Arms, and other Accoutrements” (Rhode Island, 1755);(footnote 3) “to equip himself completely with arms and ammunition” (Rhode Island, 1755);(footnote 4) “to equip themselves with a good fire-arm”(Rhode Island, 1776);(footnote 5) and to “provide, and at all times be furnished, at his own Expence * * * with one good Musquet” (Rhode Island, 1779);(footnote 6) or
• to bring to their service the arms the laws specified—for instance, “such arms as he is already furnished with” (Virginia, 1723 and 1738);(footnote 7) “such arms as he hath, and is already furnished with”(Virginia, 1755, 1757, 1759, 1762, 1766, and 1771);(footnote 8) “a good rifle, if to be had” (Virginia, 1775);(footnote 9) “such arms as they have” (Virginia, 1775);(footnote 10) “a good Gun, being his own Property”(Rhode Island, 1781);(footnote 11) and “the best arms and accoutrements they can get” (Virginia, 1784 and 1785),(footnote 12)
If no permanent, reliable, efficient, and convenient source had existed from which one generation of Militiamen after another could readily have obtained such arms. Similarly, those selfsame legislators could never have expected either the Militia as institutions or Local governments to have been able to acquire and distribute whatever additional firearms and ammunition might have become necessary in exceptional situations (for example, to supply Militiamen too poor to purchase their own arms), had no such source been available from which Militia officers and public functionaries could have acquired that equipment. Thus, all of the Militia laws and related statutes of that period presupposed, depended upon, encouraged, and implicitly protected against interference common Americans’ and even their governments’ access to a widespread, vibrant, and thoroughly free market in firearms, ammunition, and accoutrements suitable for Militia service. No statute of that era ever questioned the usefulness of, let alone attempted to constrain or suppress, the free market in arms. Instead, every statute implicitly took for granted, not only that the free market was adequate for the purpose of arming the Militia, but also that it was preferable to any other source of the equipment necessary to make the Militia workable establishments in all but one of the Colonies and then in every independent State. (footnote 13)
Footnotes:
1.) EN-2016 — Acts and Orders of the Generall Assembly, sitting at Newport, May the 3, 1665, in Rhode Island Records, Volume 2, at 115 (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
2.) EN-2017 — At the Generall Assembly and Election held for the Collony at Newport, the 7th of May, 1701, in Rhode Island Records, Volume 3, at 433 (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
3.) EN-2018 — An ACT in Addition to the several Acts regulating the Militia in this Colony, At the GENERAL ASSEMBLY of the Governor and Company of the English Colony of Rhode-Island, and Providence-Plantations, in New-England, in AMERICA; begun and held by Adjournment at Providence, on the first Monday of February, One Thousand Seven Hundred and Fifty-five, in Rhode Island Acts and Resolves, Volume 2, at {72} (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115
4.) EN-2019 — Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, on Wednesday, the 28th day of June, 1775, in Rhode Island Records, Volume 7, at 358 (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
5.) EN-2020 — Proceedings of the General Assembly, held for the Colony of Rhode Island and Providence Plantations, at Providence, on the second Monday in January, 1776, in Rhode Island Records, Volume 7, at 423 (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
6.) EN-2021 — An ACT for the better forming, regulating and conducting the military Force of this State, AT the GENERAL ASSEMBLY of the Governor and Company of the State of Rhode-Island, and Providence-Plantations, begun and holden at South-Kingstown, within and for the State aforesaid, on the last Monday in October, One Thousand Seven Hundred and Seventy-nine, in Rhode Island Acts and Resolves, Volume 10 [12], at {31-32}. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
7.) EN-2022 — CHAP. II, An Act for the settling and better Regulation of the Militia, § IX, AT A GENERAL ASSEMBLY, SUMMONED TO BE HELD AT Williamsburg, the fifth day of December, 1722, and by writ of prorogation, begun and holden on the ninth day of May, 1723, in Laws of Virginia, Volume 4, at 120 (emphasis supplied); CHAP. II, An Act, for the better Regulation of the Militia, § XI, AT A GENERAL ASSEMBLY, SUMMONED TO BE HELD AT The Capitol, in the City of Williamsburg, on the first day of August, [1735]. And from thence continued, by several prorogations, to the first day of November, 1738, in Laws of Virginia, Volume 5, at 21 (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
8.) EN-2023 — CHAP. II, An Act for the better regulating and training the Militia, § XIII, At a General Assembly, begun and held at the College in the City of Williamsburg, on Thursday the twenty seventh day of February, one thousand seven hundred and fifty two. And from thence continued by several prorogations, to Tuesday the fifth day of August, one thousand seven hundred and fifty five, in Laws of Virginia, Volume 6, at 538 (emphasis supplied).
CHAP. III, An Act for the better regulating and disciplining the Militia, § XIV, At a General Assembly, begun and held at the Capitol, in Williamsburg, on Thursday the twenty-fifth day of March, 1756, and from thence continued by several prorogations to Thursday the fourteenth of April, one thousand seven hundred and fifty-seven, in Laws of Virginia, Volume 7, at 99 (emphasis supplied). Continued, CHAP. IV, An Act for continuing an Act, intitutled, An Act for the better regulating and disciplining the Militia, At a General Assembly, begun and held at the Capitol, in Williamsburg, on Thursday the fourteenth day of September, 1758; and from thence continued by several prorogations to Thursday the twenty-second of February, 1759, in Laws of Virginia, Volume 7, at 274; CHAP. III, An Act for amending and further continuing the act for the better regulating and disciplining the Militia, § IX, At a General Assembly, begun and held at the Capitol, in the City of Williamsburg, on Tuesday the 26th of May, 1761, and from thence continued by several prorogations to Tuesday the 2d of November[,] 1762, in Laws of Virginia, Volume 7, at 538; CHAP. XXXI, An act to continue and amend the act for the better regulating and disciplining the militia, § X, At a General Assembly, begun and held at the Capitol in Williamsburg, on Thursday the sixth day of November, 1766, in Laws of Virginia, Volume 8, at 245; CHAP. II, An act for further continuing the act, intituled An act for the better regulating and disciplining the militia, At a General Assembly, begun and held at the Capitol, in the City of Williamsburg, the seventh day of November, one thousand seven hundred and sixty-nine, and from thence continued by several prorogations, and convened by proclamation the eleventh day of July, one thousand seven hundred and seventy-one, in Laws of Virginia, Volume 8, at 503. Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
9.) EN-2024 — CHAP. I, An ordinance for raising and embodying a sufficient force, for the defence and protection of this colony, AT a Convention of Delegates for the Counties and Corporations in the Colony of Virginia, held at Richmond town, in the county of Henrico, on Monday the seventeenth day of July, one thousand seven hundred and seventy-five, in Laws of Virginia, Volume 9, at 28 (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
10.) EN-2025 — CHAP. I, An ordinance for raising and embodying a sufficient force, for the defence and protection of this colony, AT a Convention of Delegates for the Counties and Corporations in the Colony of Virginia, held at Richmond town, in the county of Henrico, on Monday the seventeenth day of July, one thousand seven hundred and seventy-five, in Laws of Virginia, Volume 9, at 31 (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
11.) EN-2026 — An ACT in Addition to, and Amendment of, an Act, passed in October, A.D. 1779, entituled, “An Act for the better forming, regulating and conducting, the military Force of this State”, At the General Assembly of the Governor and Company of the State of Rhode-Island and Providence-Plantations, begun and holden, by Adjournment, at South-Kingstown, within and for the said State, on the Third Monday in March, One Thousand Seven Hundred and Eighty-one, in Rhode Island Acts and Resolves, Volume 11 [14], at {52} (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
12.) EN-2027 — CHAP. XXVIII, An act for amending the several laws for regulating and disciplining the militia, and guarding against invasions and insurrections, § VI, AT A GENERAL ASSEMBLY Begun and held at the Public Buildings in the City of Richmond, on Monday the eighteenth day of October[,] one thousand seven hundred eighty- four, in Laws of Virginia, Volume 11, at 485 (emphasis supplied); 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, § VI, AT A GENERAL ASSEMBLY BEGUN AND HELD At the Public Buildings in the City of Richmond, on Monday the seventeenth day of October[,] one thousand seven hundred and eighty-five, in Laws of Virginia, Volume 12, at 16 (emphasis supplied). Also see The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.
13.) The Sword and Sovereignty: The Constitutional Principles of “the Militia of the several States”, Front Royal, Virginia CD ROM Edition 2012, by Dr. Edwin Vieira, Jr., page 1115.