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Subject: Militia Regulations

N.Y. Const. (April 20, 1777) Art. XL

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And whereas it is of the utmost importance to the safety of every state, that it should always be in a condition of defense; and it is the duty of every man who enjoys the protection of society, to be prepared and willing to defend it: This convention ...

And whereas it is of the utmost importance to the safety of every state, that it should always be in a condition of defense; and it is the duty of every man who enjoys the protection of society, to be prepared and willing to defend it: This convention therefore, in the name and by the authority of the good people of this State, doth ordain, determine and declare, that the militia of this State, at all times hereafter, as well in peace as in war, shall be armed and disciplined, and in readiness for service. That all such of the inhabitants of this State, being of the people called Quakers, as from scruples of conscience may be averse to the bearing of arms, be therefrom excused by the legislature; and do pay to the State such sums of money in lieu of their personal service, as the same may, in the judgment of the legislature, be worth: And that a proper magazine of warlike stores, proportionate to the number of inhabitants, be forever hereafter at the expense of this State, and by acts of the legislature, established, maintained, and continued in every county in this State.

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1777 Ga. Const., arts. 33-34.

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art. 33. The governor for the time being shall be captains general and commander-in-chief over all the militia, and other military and naval forces belonging to this State. art. 34. All militia commissions shall specify that the person commissioned sha...

art. 33. The governor for the time being shall be captains general and commander-in-chief over all the militia, and other military and naval forces belonging to this State. art. 34. All militia commissions shall specify that the person commissioned shall continue during good behavior.

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N.H. Const. (1776)

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That general and field officers of the militia, on any vacancy, be appointed by the two houses, and all inferior officers be chosen by the respective companies.

1776, Del. Const., art. 9.

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The president, with the advice and consent of the privy council, may embody the militia, and act as captain-general and commander-in-chief of them, and the other military force of this State, under the laws of the same.

1775 Conn. Acts 413, An Act for Supplying the Troops Ordered to be Raised for the Special Defense and Safety of this Colony, with Necessary Fire Arms.

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. . . And if it shall so happen, that a sufficient supply of Arms cannot be procured in the several Methods before directed, then sufficient Arms to make good the Deficiency, shall be impressed, completely to arm and equip said Inhabitants that shall s...

. . . And if it shall so happen, that a sufficient supply of Arms cannot be procured in the several Methods before directed, then sufficient Arms to make good the Deficiency, shall be impressed, completely to arm and equip said Inhabitants that shall so enlist as aforesaid; the said impress to be limited only to the Arms belonging to House-holders and other persons not on the militia roll; And that every Person from whom any Gun shall be impressed as aforesaid, shall be paid for the Use of such Gun the Sum of Four Shillings, and in Case of Loss, shall be paid the just Values of said Gun, deducing the sum of Four Shillings, aforesaid.

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1775 Mass. Acts 15, An Act For Forming And Regulating The Militia Within The Colony Of The Massachusetts Bay, In New England, And For Repealing All The Laws Heretofore Made For That Purpose, ch. 1, §§ 1,7,9.

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§ 1. . . That that part of the militia of this Colony, commonly called the Training-Band, shall be constituted of all the able-bodied male persons therein, from sixteen years old to fifty [excepting Quakers and others]. . . § 7. . . That each...

§ 1. . . That that part of the militia of this Colony, commonly called the Training-Band, shall be constituted of all the able-bodied male persons therein, from sixteen years old to fifty [excepting Quakers and others]. . . § 7. . . That each and every officer, and private soldier of said militia, not under the controul of parents, master, or gaurdians, and being of sufficient ability therefor, in the judgement of the select-men if the town wherein he has his usual place of abode, shall equip himself, and be constantly provided with a good firearm. . . § 9 . . . That the clerk of each and every company of said militia, shall . . . take an exact list of his company, and of each man’s equipment respectively. . .

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An Act for the Better Security of the Inhabitants by Obliging the Male White Persons to Carry Fire Arms to Places of Public Worship, 1770, reprinted in 1775-1770 Georgia Colonial Laws 471 (1932).

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Whereas it is necessary for the security and defence of this provicnce for internal dangers and insurrections that all persons resorting to places of public worship shall be obliged ot carry arms. 1. BE IT ENACTED, That immediately from and after the p...

Whereas it is necessary for the security and defence of this provicnce for internal dangers and insurrections that all persons resorting to places of public worship shall be obliged ot carry arms. 1. BE IT ENACTED, That immediately from and after the passing of this act, every male white inhabitant of this province (the inhabitants of the sea port towns only excepted who shall not be obliged to carry any other than side arms) who is or shall be liable to bear arms in the milita either at common musters or times of alarm, and resorting, on any Sunday or other times, to any church, or other place of divine worship within within the parish where such person shall reside, shall carry with him a gun, or a pair of pistols, in good order and fit for service, with at least six charges of gun powderand ball, and shall take the said gun or pistols with him to the pew or seat, where such person shall sit, remain, or be, within or about the said church or place of worship, under the penalty of ten shillings for every neglect of the same to be recovered by warrant of distress and sale of the offenders goods, under the hand and seal of any justice of the peace for the parish where such offence is committed, one half to be paid into the hands of the church wardens, or where there is no church wardens, to any justice for the use of the poor of the said parish, and the other half ot him or them that shall give information thereof. 2. And for the better and more effectual carrying this act into execution, BE IT FURTHER ENACTED, That the church warden or church wardens of each respective parish,and the deacons, elders, or select men, of other places or public worship, shall be obliged, and they are hereby empowered to examine all such male persons, either in or about such places of public worship, at any time after the congregation is assembled, on Christmas and Easter days, and at least tweleve other times in every year, and if, upon finding any person or persons liable to bear arms and being then to places of worship as aforesaid, without the arms and ammuntion by this act directed, and shall not, within fifteen days after such offence is committed, inform against such person so offending, in order to recover the penalty as aforesaid, said church warden or church wardens, deacons, elders or select men, shall, for every such neglect of duty, or giving information as aforesaid, forfeit and pay the sum of five pounds to be recovered and applied as in this act is before directed. 3. AND BE IT FURTHER ENACTED, That any such person or persons thus liable to bring their arms, and being at any church or place of public worship as aforesaid, that shall refuse to be examined in or about such places of public worship, or neglect, on demand of the church warden or church wardens, deacons, elders, or select men respectively, to produce and show his or their arms and ammunition by this act required to be brought by such persons, to the intent it may be known whether the same be fit for immediate use and service, such person or persons so refusing or neglecting shall severally, and for every such offence, forfeit the sum of ten shillings, to be recovered and applied in such manner as the penalty for not bringing such arms in and by this act directed. 4. AND BE IT FURTHER ENACTED, That this act shal lbe and continue in force for and during the term of three years, and from thence to the end of the next session of the General Assembly, and no longer.

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1757 Va. Acts 334, An Act for Better Regulating and Disciplining the Militia, ch. 1

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I. WHEREAS it is necessary, in this time of danger, that the militia of this Colony should be well regulated and disciplined, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly… that fro...

I. WHEREAS it is necessary, in this time of danger, that the militia of this Colony should be well regulated and disciplined, Be it therefore enacted, by the Lieutenant-Governor, Council, and Burgesses, of this present General Assembly… that from and after the passing of this Act every … officer, bearing any commission in the militia of this Colony, shall be an inhabitant of, and resident in, the County of which he is or shall be commissioned…IV. …that every person so as aforesaid enlisted (except free mulattoes, negroes, and Indians) shall be armed in the manner following, that is to say: Every soldier shall be furnished with a firelock well fixed, a bayonet fitted to the same, a double cartouch-box. . . .

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1757 Mass. Acts 51, An Act in Addition to the Several Acts of This Province for Regulating the Militia, ch. 12

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... That the Captain or Chief Officer of each military foot company, shall instruct and employ his Company in military exercises six days in a year . . . and on each of said days he shall make a strict enquiry into the state of the arms and ammunition ...

… That the Captain or Chief Officer of each military foot company, shall instruct and employ his Company in military exercises six days in a year . . . and on each of said days he shall make a strict enquiry into the state of the arms and ammunition of his Company . . . that every person from the age of sixteen to sixty, not exempted by law, shall appear with arms and ammunition according to law, and attend his duty each of the aforesaid days. . .

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1693 Mass. Acts 48, An Act for Regulating of the Militia, ch. 3, §§ 1, 5

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§ 1. That all male persons from sixteen years of age to sixty, (other than such as are herein after excepted), shall bear arms, and duly attend all musters and military exercises of the respective troops and companies where they are listed . . . &...

§ 1. That all male persons from sixteen years of age to sixty, (other than such as are herein after excepted), shall bear arms, and duly attend all musters and military exercises of the respective troops and companies where they are listed . . . § 5 That every listed solider and other householder (except troopers) shall be always provided with a well fixed firelock musket, or musket or bastard musket bore . . .

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