From the earliest days, Virginia recognized, as she declared in 1672 and reaffirmed in 1676, that “against all tymes of danger it ought to be the care of all men to provide that their armes and habiliments for war, be alwayes kept fixed and fitt for service” (footnote 1). This entailed not merely the arming of individuals randomly or in ad hoc groups, but their systematic organization within effective Militia.
Virginians realized that their Militia was the community’s “proper defence, in time of danger”—so whenever complaints arose (as in 1738 and 1755) that the existing establishment “hath proved very ineffectual”, remedial action was taken specifically to improve the Militia, in terms of “training the persons listed to serve therein, and reducing them under a proper discipline” more efficaciously than before, not to replace that institution with some other, wholly untried means of defense. (footnote 2) Indeed, “the good people of Virginia” did not learn only through their Declaration of Rights in 1776
THAT all men are by nature equally free and independent, and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; * * *
* * * [t]hat all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them[; and]
* * * * *
* * * [t]hat a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defence of a free state[;] (footnote 3)
or only in 1784 and 1785 that “the defence and safety of the commonwealth depend upon having its citizens properly armed and taught the knowledge of military duty”; (footnote 4) but knew from at least as early as 1723 that “a due regulation of the Militia is absolutely necessary for the defence of this country”. (footnote 5)
Footnotes:
1.) EN-725 — ACT I, An act for the defence of the country, AT A GRAND ASSEMBLIE HOLDEN AT JAMES CITTIE BY PROROGATION FROM THE TWENTIETH OF SEPTEMBER[,] 1671, TO THE TWENTY-FOURTH OF SEPTEMBER[,] 1672, in Laws of Virginia, Volume 2, at 294. This Act was ordered to “be putt into strict and effectual execution”, AT A GRAND ASSEMBLIE HELD ATT JAMES CITTIE BY PROROGATION FROM THE ONE AND TWENTIETH DAY OF SEPTEMBER, 1674, TO THE SEAVENTH DAY OF MARCH, 1676, in Laws of Virginia, Volume 2, at 339. 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 315.
2.) EN-726 — CHAP. II, An Act, for the better Regulation of the Militia, § I, 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 16; CHAP. II, An Act for the better regulating and training the Militia, § I, 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 530. 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 315.
3.) EN-727 — A DECLARATION of RIGHTS made by the representatives of the good people of Virginia, assembled in full and free Convention; which rights do pertain to them, and their posterity, as the basis and foundation of government, 12 June 1776, Articles 1, 2, and 13, At a General Convention of Delegates and Representatives, from the several counties and corporations of Virginia, held at the Capitol in the City of Williamsburg, on Monday the 6th of May, 1776, in Laws of Virginia, Volume 9, at 109, 111. 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 315-316.
4.) EN-728 — CHAP. XXVIII, An act for amending the several laws for regulating and disciplining the militia, and guarding against invasions and insurrections, § I, 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 476; 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, § I, AT A GENERAL ASSEMBLY BEGUN AND HELD At the Public Buildings in the City of Richmond, on Monday the seventeenth day of October[,] in one thousand seven hundred and eighty-five, in Laws of Virginia, Volume 12, at 9. 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 316.
5.) EN-729 — CHAP. II, An Act for the settling and better Regulation of the Militia, § I, 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 118. 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 316.