Last Updated on January 4, 2022 by Constitutional Militia
“Slave Patrols”
To some, the history of “slave patrols” might suggest that revitalization of “the Militia of the several States” would actually be politically unwise—because if the Militia upheld slavery in pre-constitutional times, might they not be subverted, corrupted, or otherwise inveigled into supporting some new form of oppression today? The short answer is “no”. Slave patrols existed during the pre-constitutional era because slavery was accepted as a legitimate legal institution. The slaves, on the one hand, and the free men who made up the Militia, on the other hand, comprised two distinct, separate, and mutually antagonistic classes. The Militia were “composed of the body of the people”—but individuals of African ancestry in America, both bond and free, were often considered not part of “the people” at all.[1] Today, though, with the abolition of slavery “except as a punishment for crime whereof the party shall have been duly convicted”,[2] no community in any of the States can be divided as a matter of law into such irreconcilably hostile factions. There can be neither a “master race” or a “master class”,[3] nor “an establishment of religion”,[4] nor any other scheme or ideology of physical, economic, political, or spiritual superordination that permanently subordinates some Americans to others claiming to be somehow “superior” Americans, or (even worse) to be separate from and superior to all Americans yet entitled to reside in America against the wishes of real Americans.[5] A fortiori, no such scheme or ideology that purports to subordinate some, or even all, Americans to foreigners or their domestic fellow travelers and “fifth columnists” can possibly be countenanced, either. Under these circumstances, modern Militia can be expected to resist any inroads on common Americans’ freedoms, by quickly suppressing each and every self-chosen élitist group of whatever provenance that tries to pervert the law in order to set itself above “the people” as a whole. (This, no doubt, is why such groups are adamantly opposed to revitalization of the Militia. If the Militia were likely to aid and abet their schemes, they would be singing a different tune.)
Besides, in the absence of slavery as a widespread institution, disarmament of any sizeable portion of “the people” is legally impossible. How, then, could the Militia in each Locale—“composed of the body of the people, trained to arms”, and permanently in possession of arms—oppress “the people”? Would members of the Militia in significant numbers be sufficiently psychotic, politically at least, to attempt to oppress each other, let alone to oppress themselves? To be sure, a corrupted majority in some Militia unit might seize upon an evil design to oppress the minority. This would not be a danger peculiar to the Militia, but could occur in any group composed of weak and fallible human beings tempted by avarice, ambition, and the appetite for abusive powers. At least within the Militia, though, the minority—already organized, armed, and trained to deal with precisely such usurpation and tyranny from any quarter—could defend itself against the majority.[6]
If the extensive population of slaves in pre-constitutional Virginia, with the attendant specter of slave revolts, did not counsel requiring proportionately large numbers of her Militiamen to bear arms at all times and in all places, it certainly created an apparent need to assign to her Militia (and to Militia elsewhere) the special police power to conduct regular “slave patrols”.[1] For example:
• [1727, 1732, 1734, 1738, 1740, and 1744] “[C]ommanding officer[s] of the militia, in any county within this dominion * * * [may] appoint and direct such and so many of the militia of their respective counties, to be drawn out, and to patrole in such places as such commanding officer[s] shall think fit to direct, and from time to time, to cause to be relieved by other parties, for dispersing all unusual concourse of negroes, or other slaves, and for preventing any dangerous combinations which may be made amongst them at such meetings: Which said parties, so sent out to patrole, * * * shall have full power and authority to take up any slaves which they shall find convened together * * * to deliver to the next constable * * * . And if any parties of the militia be emploied in this service, for above the space of two days at any one time, such militia shall be paid[.]”[2]
• [1738] “[T]he chief officer of the militia, in every county, * * * [may] appoint an officer, and four men, of the militia, at such times and seasons as he shall think proper, to patrol, and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons. And such patrollers shall have full power and authority, to take up any such slaves, servants, or disorderly persons, * * * unlawfully assembled, or any other, strolling about from one plantation to another, without a pass from his or her master, mistress, or overseer, and to carry them before the next justice of the peace; who is to order every such slave, servant, stroller, or other disorderly person * * * to receive any number of lashes, not exceeding twenty, on his or her bare back, well laid on: And in case one company of patrollers shall not be sufficient, to order more companies, consisting of the same number. And such patrollers shall be exempted from attendance at private [i.e., Company] musters [of the Militia], and from the paiment of all public, county, and partish levies, for their own persons, for those years in which they shall be emploied in that service.”[3]
• [1754] “[T]he chief officer of the militia * * * in every county * * * is hereby required * * * to appoint an officer, and so many men of the militia as to him shall appear to be necessary, not exceeding four, once in every month, or oftener if * * * required * * * , to patrol and visit all negroe quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons, and such patrolers shall have power and authority to take up any such slaves, servants, or disorderly persons * * * , unlawfully assembled, or any other strolling about from one plantation to another, without a pass from his or her master, mistress, or overseer, and to carry them before the next justice of the peace, who if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person * * * to receive any number of lashes, not exceeding twenty, on his or her bare back well laid on: And in case one company of patrollers shall not be sufficient, to order more companies for the same service: * * * [A]nd if the[ Militia officers] shall adjudge the patrollers to have performed their duty * * * the county court * * * are hereby impowered and required, at the laying of their county levy, to allow to, and levy for every one of the patrollers, ten pounds of tobacco for every twenty four hours they shall so patrole; and moreover such patrollers shall be exempt from attendance at private musters, and from the payment of public, county, and parish levies for their own persons, for those years in which they shall be employed in that service.”[4]
• [1755] “[T]he chief officer of the militia in every county * * * is hereby required * * * to appoint an officer. and so many men of the militia, as to him shall appear to be necessary, not exceeding four, once in every month or oftener * * * to patrol and visit all negroe quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons, * * * unlawfully assembled, or any other strolling about from one plantation to another, without a pass from his or her master, mistress or overseer, and to carry them before the next justice of the peace, who if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person * * * to receive any number of lashes, not exceeding twenty, on his or her bare back, well laid on. And in case one company of patrollers shall not be sufficient, to order more companies,for the same service. * * * [A]nd if the[ Militia officers] shall adjudge the patrollers to have performed their duty * * * the county court * * * are hereby impowered and required at the laying of their county levy, to allow to, and levy for every one of the patrollers, ten pounds of tobacco for every twenty four hours they shall so patrol, and moreover, such patrollers shall be exempt from the payment of public, county, and parish levies, for their own persons, for those years in which they shall be employed in that service.”[5]
• [1757, 1759, and 1762] “[T]he chief officer of the militia in every county * * * is hereby required * * * to appoint an officer and so many men of the militia, as to him shall appear to be necessary, not exceeding four, once in every month or oftner if thereto required * * * , to patrol and visit all negroe quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons * * * , unlawfully assembled, or any other strolling about from one plantation to another without a pass from his or her master, mistress, or overseer, and to carry them before the next justice of the peace, who if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person * * * to receive any number of lashes, not exceeding twenty, on his or her bare back well laid on; and in case one company of patrollers shall not be sufficient, to order more companies for the same service. * * * [A]nd if the[ Militia officers] shall adjudge the patrollers to have performed their duty * * * the county court * * * are hereby impowered and required at the laying of their county levy to allow to, and levy for every one of the patrollers ten pounds of tobacco for every day or night they shall so patrol; and moreover such patrollers shall be exempt from the payment of public, county, and parish levies, for their own persons for those years in which they shall be employed in that service.”[6]
• [1766 and 1771] “[I]t shall and may be lawful for the chief officer of the militia in every county * * * to appoint an officer, and so many men of the militia, as to him shall appear to be necessary, not exceeding four, once in every month, or oftener if * * * required * * * , to patrol and visit all negro quarters and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons, * * * unlawfully assembled, or any other strolling about from one plantation to another, without a pass from his or her master, mistress or overseer, and to carry them before the next justice of the peace; who, if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person * * * to receive any number of lashes, not exceeding twenty, on his or her bare back, well laid on; and in case one company of patrollers shall not be sufficient, to order more companies for the same service * * * ; and if the [county] court shall adjudge the patrollers to have performed their duty * * * , they are hereby impowered and required * * * to allow to and to levy for every one of the patrollers twenty pounds of tobacco, for every twelve hours they shall so patrol.”[7]
• [1775] “[T]he commanding-officer of the militia of every county, of the city of Williamsburg, and borough of Norfolk, shall appoint so many patrollers, as he may think fit, * * * who shall receive a reasonable allowance for their trouble, at the laying of the next county levy.”[8]
• [1777] “[I]t shall and may be lawful for the chief officer of the militia in every county * * * , yearly, to appoint an officer, and so many men of the militia as to him shall appear to be necessary, not exceeding four, once in every month, or oftener, if thereto required * * * , to patrol and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons, * * * unlawfully assembled, or any others strolling about from one plantation to another, without a pass from his or her master, mistress, or owner, and to carry them before the next justice of the peace, who if he shall see cause, is to order every such slave, servant, or stroller, or other disorderly person * * * to receive any number of lashes, not exceeding twenty on his or her bare back, well laid on.
“And in case one company of patrollers shall not be sufficient, to order more companies for the same service; * * * and if the[ Militia officers] shall adjudge the patrollers have performed their duty * * * , the county court * * * are hereby empowered and required to levy fifteen pounds of tobacco, or two shillings and sixpence, for every twelve hours each of them shall so patrole.”[9]
• [1784 and 1785] “[T]he commanding officer of the militia in every county, shall * * * in every year, appoint an officer, and so many men of the militia as to him shall appear necessary, not exceeding four, once in every month, or oftener, if thereto required * * * , to patrole and visit all negro quarters, and other places suspected of entertaining unlawful assemblies of slaves, servants, or other disorderly persons * * * unlawfully assembled, or any others strolling about from one plantation to another, without a pass from his or her master, mistress, or owner, and carry them before the next justice of the peace, who, if he shall see cause, is to order every such slave, servant, stroller, or other disorderly person * * * to receive any number of lashes not exceeding twenty, on his or her bare back. And in case one company of patrollers shall not be sufficient, to order more companies for the same service. * * * [A]nd if the[ court- martial] shall adjudge the patrollers have performed their duty * * * the county court * * * are thereupon empowered and required to levy twenty pounds of tobacco, or three shillings, for every twelve hours each of them shall so patrole.”[10]
Footnotes:
1.) See generally Sally E. Horton, Slave Patrols: Law and Violence in Virginia and the Carolinas (Cambridge, Massachusetts: Harvard University Press, 2001).
2.) EN-807 — CHAP. V, An Act for making more effectual provision against Invasions and Insurrections, § XVIII, AT A GENERAL ASSEMBLY, BEGUN AND HELD AT Williamsburg, the first day of February, 1727, in Laws of Virginia, Volume 4, at 202-203. Continued, CHAP. IV, An act to continue the Act, for making more effectual provision against Invasions and Insurrections, AT A GENERAL ASSEMBLY, BEGUN AND HELD AT Williamsburg, the first day of February, [1727], And from thence continued, by several prorogations, to the eighteenth day of May, 1732, in Laws of Virginia, Volume 4, at 323; CHAP. IV, An Act for further continuing the Act, For making more effectual provision against Invasions and Insurrections, AT A GENERAL ASSEMBLY, BEGUN AND HELD AT Williamsburg, the first day of February, [1727]. And from thence continued, by several prorogations, to the twenty second day of August, 1734, in Laws of Virginia, Volume 4, at 395; CHAP. III, An Act, for reviving the Act, For making more effective provision against Invasions and Insurrections, 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 24; CHAP. VI, An Act, for continuing and amending the Act, Intituled, An Act, for making more effectual Provision against Invasions and Insurrections, AT A GENERAL ASSEMBLY, SUMMONED TO BE HELD AT The Capitol, in the City of Williamsburg, on Friday the first day of August, [1735]. And from thence continued, by several prorogations, to the twenty second day of May, 1740, in Laws of Virginia, Volume 5, at 99; CHAP. IV, An Act, for continuing an Act, made in the first year of his majesty’s reign, intituled, an Act for making more effectual provision against invasions and insurrections; and one other act, intituled, an Act, for continuing and amending the aforementioned Act, AT A GENERAL ASSEMBLY, SUMMONED TO BE HELD AT The Capitol, in the City of Williamsburg, on Thursday, the sixth day of May, [1741]. And from thence continued, by several prorogations, to Tuesday, the fourth day of September, 1744, in Laws of Virginia, Volume 5, at 228. 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 339.
3.) EN-808 — CHAP. II, An Act, for the better Regulation of the Militia, § VIII, 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 19. 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 339-340.
4.) EN-809 — CHAP. II, An Act for amending the act, intituled, An Act for the better regulation of 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, 1752. And from thence continued by several prorogations, to Thursday the 14th day of February, 1754, in Laws of Virginia, Volume 6, at 421-422. 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 340.
5.) EN-810 — CHAP. II, An Act for the better regulating and training the Militia, § XXVI, 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 542-543. 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 340-341.
6.) EN-811 — CHAP. III, An Act for the better regulating and disciplining the Militia, § XXVII, 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 104-105. 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. 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 340-341.
7.) EN-812 — 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, § I, 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 195-196. Continued, 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, 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 341.
8.) EN-813 — 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 33. 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 341-342.
9.) EN-814 — CHAP. I, An act for regulating and disciplining the Militia, AT A GENERAL ASSEMBLY, BEGUN AND HELD At the Capitol, in the City of Williamsburg, on Monday the fifth day of May, one thousand seven hundred and seventy seven, in Laws of Virginia, Volume 9, at 273. 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 342.
10.) EN-815 — CHAP. XXVIII, An act for amending the several laws for regulating and disciplining the militia, and guarding against invasions and insurrections, § VIII, 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 489; 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, § VIII, 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 20. 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 342.
The service for which Virginia’s Militiamen most consistently received compensation from the public, year after year, was “the slave patrol”.[1] The self-evident reason was that the patrols were absolutely necessary so long as slavery persisted as a permanent and widespread institution. For rebellions among the slaves were always a distinct possibility; and only by free Virginians’ constant vigilance and resolute shows of force could conspiracies among their bondsmen be deterred or uncovered before they ripened into open revolt. So statutes were enacted to punish conspiracies and insurrections,[2] plots were uncovered,[3] informers among the slaves were even rewarded with their freedom[4] —and “slave patrols” were deployed. The patrols must have constituted a most distasteful round of drudgery for the average Militiaman, though—doubtlessly dull, dirty, depressing, and possibly dangerous duty that demanded a suitable reward for even a passable performance, let alone a demonstration of zeal:
• [1727, 1732, 1734, 1738, 1740, and 1744] “[I]f any parties of the militia be emploied in this service [of slave patrols], for above the space of two days at any one time, such militia shall be paid for all that time they shall be so emploied[.]”[5]
• [1738] “[S]uch patrollers shall be exempted * * * from the paiment of all public, county, and parish levies, for their own persons, for those years in which they shall be emploied in that service.”[6]
• [1754, 1755, 1757, 1759, and 1762] “[I]f the[ court-martial] shall adjudge the patrollers to have performed their duty according to law, * * * the county court * * * are * * * impowered and required, at the laying of their county levy, to allow to, and levy for every one of the patrollers, ten pounds of tobacco for every twenty four hours[7] they shall so patrole; and moreover such patrollers shall be exempt * * * from the payment of public, county, and parish levies for their own persons, for those years in which they shall be employed in that service.”[8]
• [1766 and 1771] “[I]f the [county] court shall adjudge the patrollers to have performed their duty * * * they are hereby impowered and required at the laying of their county levy, to allow to and levy for every one of the patrollers twenty pounds of tobacco, for every twelve hours they shall so patrol.”[9]
• [1775] “[T]he commanding-officer of the militia of every county, of the city of Williamsburg, and borough of Norfolk, shall appoint so many patrollers, as he may think fit, * * * who shall receive a reasonable allowance for their trouble, at the laying of every county levy.”[10]
• [1777] “[A]fter every patrol the officer of each party shall return to the captain * * * a report in writing, upon oath * * * of the names of those of his party who were upon duty, and of the proceedings in such patrol. And * * * if * * * the patrollers have performed their duty according to law, * * * the county court * * * are * * * empowered and required to levy fifteen pounds of tobacco, or two shillings and sixpence, for every twelve hours each of them shall so patrol.”[11]
• [1784 and 1785] “[A]fter every patrole, the officer of each party shall return to the captain * * * a report * * * of the names of those in his party who were upon duty, and of the proceedings in such patrole * * * ; and if the[ next court-martial] shall adjudge the patrollers have performed their duty according to law, * * * the county court * * * are * * * empowered and required to levy twenty pounds of tobacco, or three shillings, for every twelve hours each of them shall so patrole.”[12]
Footnotes:
1.) On the nature of “the slave patrols”, 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 339-343.
2.) EN-947 — CHAP. XXXVIII, An act directing the trial of Slaves committing capital crimes; and for the more effectual punishing conspiracies and insurrections of them; and for the better government of negroes, mulattoes, and Indians, bond or free, AT A GENERAL ASSEMBLY, BEGUN AND HELD AT The College, in Williamsburg, the twenty-seventh day of October, 1748, in Laws of Virginia, Volume 6, at 104. 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 392.
3.) EN-948 — See, e.g., October 24th 1687, in Executive Journals of Virginia, Volume 1, at 86-87; At a Council held at Williamsburgh the 21st day of March 1709, in Executive Journals of Virginia, Volume 3, at 234-235. 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 392.
4.) EN-949 — CHAP. XVI, An act to set free Will, a Negro belonging to Robert Ruffin, AT A GENERAL ASSEMBLY, BEGUN AND HOLDEN AT THE CAPITOL, IN THE CITY OF WILLIAMSBURG, THE TWENTY-FIFTH DAY OF OCTOBER, 1710, in Laws of Virginia, Volume 3, at 537. 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 392.
5.) EN-950 — CHAP. V, An Act for making more effectual provision against Invasions and Insurrections, § XVIII, AT A GENERAL ASSEMBLY, BEGUN AND HELD AT Williamsburg, the first day of February, 1727, in Laws of Virginia, Volume 4, at 203. Continued, CHAP. IV, An act to continue the Act, for making more effectual provision against Invasions and Insurrections, AT A GENERAL ASSEMBLY, BEGUN AND HELD AT Williamsburg, the first day of February, [1727], And from thence continued, by several prorogations, to the eighteenth day of May, 1732, in Laws of Virginia, Volume 4, at 323; CHAP. IV, An Act for further continuing the Act, For making more effectual provision against Invasions and Insurrections, AT A GENERAL ASSEMBLY, BEGUN AND HELD AT Williamsburg, the first day of February, [1727]. And from thence continued, by several prorogations, to the twenty second day of August, 1734, in Laws of Virginia, Volume 4, at 395; CHAP. III, An Act, for reviving the Act, For making more effective provision against Invasions and Insurrections, 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 24; CHAP. VI, An Act, for continuing and amending the Act, Intituled, An Act, for making more effectual Provision against Invasions and Insurrections, AT A GENERAL ASSEMBLY, SUMMONED TO BE HELD AT The Capitol, in the City of Williamsburg, on Friday the first day of August, [1735]. And from thence continued, by several prorogations, to the twenty second day of May, 1740, in Laws of Virginia, Volume 5, at 99; CHAP. IV, An Act, for continuing an Act, made in the first year of his majesty’s reign, intituled, an Act for making more effectual provision against invasions and insurrections; and one other act, intituled, an Act, for continuing and amending the aforementioned Act, AT A GENERAL ASSEMBLY, SUMMONED TO BE HELD AT The Capitol, in the City of Williamsburg, on Thursday, the sixth day of May, [1741]. And from thence continued, by several prorogations, to Tuesday, the fourth day of September, 1744, in Laws of Virginia, Volume 5, at 228. 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 392.
6.) EN-951 — CHAP. II, An Act, for the better Regulation of the Militia, § VIII, 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 19. 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 392.
7.) The Act of 1757 substituted “every day or night” for “every twenty four hours”.
8.) EN-952 — CHAP. II, An Act for amending the act, intituled, An Act for the better regulation of 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, 1752. And from thence continued by several prorogations, to Thursday the 14th day of February, 1754, in Laws of Virginia, Volume 6, at 421-422; CHAP. II, An Act for the better regulating and training the Militia, § XXVI, 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 543.
CHAP. III, An Act for the better regulating and disciplining the Militia, § XXVII, 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 105. 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. 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 392.
9.) EN-953 — 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, § I, 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 196. Continued, 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, 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 393.
10.) EN-954 — 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 33. 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 393.
11.) EN-955 — CHAP. I, An act for regulating and disciplining the Militia, AT A GENERAL ASSEMBLY, BEGUN AND HELD At the Capitol, in the City of Williamsburg, on Monday the fifth day of May, one thousand seven hundred and seventy seven, in Laws of Virginia, Volume 9, at 273. 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 393.
12.) EN-956 — CHAP. XXVIII, An act for amending the several laws for regulating and disciplining the militia, and guarding against invasions and insurrections, § VIII, 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 489; 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, § VIII, 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 20. 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 393.
Slavery is the perfection of tyranny. Contemporary “gun control” as America experiences it today is the indispensable step to achieve this goal. Revitalizing “the Militia of the several States” is the lawful means that would empower common Americans to exercise their constitutional legal authority and enforce their immunity from any such schemes by rogue and incompetent government officials.
1.) Contrast Virginia Declaration of Rights (1776) art. 13 with Scott v. Sandford, 60 U.S. (19 Howard) 393, 403-421 (1857) (opinion of Taney, C.J.).
2.) U.S. Const. amend. XIII, § 1.
3.) U.S. Const. amends. XIV, § 1; XV, § 1; XIX; and XXIV, § 1.
4.) U.S. Const. art. VI, cl. 3 and amend. I.
5.) “Claiming to be”, because no one can actually be an “American” unless he subscribes in belief, word, and deed to the tenets of the Declaration of Independence, and in particular to the self-evident truth “that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness”.
6.) 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 395.
