Virginia Militia
Encyclopedia
The Virginia militia
Militia
The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...

is an armed force composed of all citizens of the Commonwealth of Virginia
Virginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...

 capable of bearing arms. The Virginia militia was established in 1607 as part of the British militia system. Militia service in Virginia was compulsory for all free males. The main purpose of the Crown's militia was to repel invasions and insurrections and to enforce the laws of the colony.

17th century

In 1623, the year following the outbreak of the first major Anglo-Powhatan War in Virginia, the Virginia General Assembly
Virginia General Assembly
The Virginia General Assembly is the legislative body of the Commonwealth of Virginia, and the oldest legislative body in the Western Hemisphere, established on July 30, 1619. The General Assembly is a bicameral body consisting of a lower house, the Virginia House of Delegates, with 100 members,...

 commanded, "that men go not to worke in the ground without their arms; That no man go or send abroad without a sufficient partie well armed." In 1661 Governor William Berkeley stated, "All our freemen are bound to be trained every month in their particular counties." The British county lieutenant system was employed as the population grew and every county had a lieutenant appointed who became the chief militia officer of the county. The militia system was originally used to defend against Native American tribes of the Tidewater
Tidewater region of Virginia
The Tidewater region of Virginia is the eastern portion of the Commonwealth of Virginia formally known as Hampton Roads. The term tidewater may be correctly applied to all portions of any area, including Virginia, where the water level is affected by the tides...

 area of Virginia. As the slave population grew in Virginia the militia played a role in keeping slaves from running away or from revolting through the use of militia patrollers. This Virginia militia system was put to the test in 1676 during Bacon's Rebellion
Bacon's Rebellion
Bacon's Rebellion was an uprising in 1676 in the Virginia Colony in North America, led by a 29-year-old planter, Nathaniel Bacon.About a thousand Virginians rose because they resented Virginia Governor William Berkeley's friendly policies towards the Native Americans...

. The Crown's militia was victorious over Nathaniel Bacon
Nathaniel Bacon
Nathaniel Bacon was a colonist of the Virginia Colony, famous as the instigator of Bacon's Rebellion of 1676, which collapsed when Bacon himself died from dysentery.-Early life:...

 who tried to seize power. The English Bill of Rights of 1689 guaranteed Virginians as loyal British subjects the following:
  • That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;
  • That the subjects which are Protestants
    Protestantism
    Protestantism is one of the three major groupings within Christianity. It is a movement that began in Germany in the early 16th century as a reaction against medieval Roman Catholic doctrines and practices, especially in regards to salvation, justification, and ecclesiology.The doctrines of the...

     may have arms for their defence suitable to their conditions and as allowed by law;

The French and Indian War

During the French and Indian War
French and Indian War
The French and Indian War is the common American name for the war between Great Britain and France in North America from 1754 to 1763. In 1756, the war erupted into the world-wide conflict known as the Seven Years' War and thus came to be regarded as the North American theater of that war...

 (1754–1763), a formal act went in to effect.
"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
Mulatto
Mulatto denotes a person with one white parent and one black parent, or more broadly, a person of mixed black and white ancestry. Contemporary usage of the term varies greatly, and the broader sense of the term makes its application rather subjective, as not all people of mixed white and black...

, 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 for the better training and exercising the militia, and rendering them more serviceable, Be it further enacted, by the authority aforesaid, That every captain shall, once in three months, and oftner if thereto required by the lieutenant or chief commanding officer in the county, muster, train, and exercise his company, and the lieutenant or other chief commanding officer in the county shall cause a general muster and exercise of all the companies within his county, to be made in the months of March or April, and September or October, yearly; and if any soldier shall, at any general or private muster, refuse to perform the command of his officer, or behave himself refractorily or mutinously, or misbehave himself at the courts martial to be held in pursuance of this act, as is herein after directed, it shall and may be lawful to and for the chief commanding officer, then present, to cause such offender to be tied neck and heels, for any time not exceeding five minutes, or inflict such corporal punishment as he shall think fit, not exceeding twenty lashes..." —An Act for the better regulating and disciplining the Militia, April 1757


American Revolutionary War

In 1774 revolution was at Virginia's doorstep when Royal Governor Lord Dunmore
John Murray, 4th Earl of Dunmore
John Murray, 4th Earl of Dunmore was a British peer and colonial governor. He was the son of William Murray, 3rd Earl of Dunmore, and his wife Catherine . He is best remembered as the last royal governor of the Colony of Virginia.John was the eldest son of William and Catherine Murray, and nephew...

 dissolved the Virginia House of Burgesses
House of Burgesses
The House of Burgesses was the first assembly of elected representatives of English colonists in North America. The House was established by the Virginia Company, who created the body as part of an effort to encourage English craftsmen to settle in North America...

 because of their support of the city of Boston against the closing of the Port of Boston by Lord North. On May 15, 1776 the Virginia General Assembly voted unanimously for independence and to have a declaration of rights drawn up. Colonel George Mason
George Mason
George Mason IV was an American Patriot, statesman and a delegate from Virginia to the U.S. Constitutional Convention...

 became the principal author of the Virginia Declaration of Rights which was published on June 12, 1776. Mason drew from his own previous writings upon his founding of the Fairfax County Independent Company of Volunteers on September 21, 1774. This company was a paramilitary organization independent of the Crown's militia. Article 13 of the Virginia Declaration of Rights
Virginia Declaration of Rights
The Virginia Declaration of Rights is a document drafted in 1776 to proclaim the inherent rights of men, including the right to rebel against "inadequate" government...

 which established the militia clause as a fundamental right was based upon three solid English rights: the right to revolution, the right to group self-preservation and the right to self-defense. Under Article 13 of the Virginia Declaration of Rights he wrote:

"That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power."

Present day

The Virginia militia system as a compulsory service composed of the body of the people trained to arms as envisioned by George Mason remained intact until the end of the American Civil War. Reconstruction governments forced upon Virginia an all-volunteer militia system in opposition to Virginia's Bill of Rights. The militia became statutorily composed of the volunteer and the unorganized militia.

In 1971, the Virginia Bill of Rights under Article I, Section 13, was changed to the following by popular vote:
"That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power."


The current Virginia Militia under Virginia Code § 44-1 states "The militia of the Commonwealth of Virginia shall consist of all able-bodied citizens of this Commonwealth and all other able-bodied persons resident in this Commonwealth who have declared their intention to become citizens of the United States, who are at least sixteen years of age and, except as hereinafter provided, not more than fifty-five years of age. The militia shall be divided into four classes, the National Guard, which includes the Army National Guard
Army National Guard
Established under Title 10 and Title 32 of the U.S. Code, the Army National Guard is part of the National Guard and is divided up into subordinate units stationed in each of the 50 states, three territories and the District of Columbia operating under their respective governors...

 and the Air National Guard
Air National Guard
The Air National Guard , often referred to as the Air Guard, is the air force militia organized by each of the fifty U.S. states, the commonwealth of Puerto Rico, the territories of Guam and the U.S. Virgin Islands, and the District of Columbia of the United States. Established under Title 10 and...

, the Virginia State Defense Force
Virginia State Defense Force
The Virginia Defense Force is the official state defense force of Virginia, a component of Virginia's state military along with the Virginia National Guard, with a current enrollment of over 900 troops. The VDF is the descendant of the Virginia State Guard and is headquartered at the historic Old...

, the naval militia, and the unorganized militia."

Permanent faculty members of the Virginia Military Institute
Virginia Military Institute
The Virginia Military Institute , located in Lexington, Virginia, is the oldest state-supported military college and one of six senior military colleges in the United States. Unlike any other military college in the United States—and in keeping with its founding principles—all VMI students are...

 (VMI) are normally offered commissions in the naval or unorganized militia of Virginia. The Superintendent of VMI is normally a Lieutenant General of the unorganized Virginia militia unless he or she is a regular US military officer of higher rank. The corps of cadets also serves as cadet members of the unorganized militia. Staff members of the Virginia Tech Corps of Cadets
Virginia Tech Corps of Cadets
The Virginia Tech Corps of Cadets is the military component of the student body at Virginia Polytechnic Institute and State University. Cadets live together in dormitories, march to meals in formation, wear a distinctive uniform on campus, and receive an intensive military and leadership...

also may hold officer appointments in the Virginia Militia, unless they hold higher rank as active or retired US military officers.

External links

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