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GunCulture 30 - 19 Apr 2010 - Main.JuliaS
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"Then came, Oscar, the time of the guns.
And there was no land for a man, no land for a country,
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The colonists' changing relationship with the Indian natives is reflected in the progression of their arms regulation. In 1645, the House of Burgesses passed an Act establishing Fort Henry and instructing the inhabitants of the Norff counties and the Isle of Wright to "undertake the warr against the Nansimum Indians, or any other neighbouring Indians, by cutting up their corne and doing or performing any act or acts of hostility against them."[Vol. 1, 315 at XIII] Another act passed during the same legislative session "prohibit[ed] any terms of peace to be entertained with the Indians."[Vol. 1, 333, XVII] By 1656, however, hostilities with the Indians had cooled. The legislature's first act of that year dramatically decreased the anti-Indian regime, repealing the law which allowed for the killing of trespassing Indians and declaring that an Indian may only be lawfully killed when committing an act that would be a felony for an Englishman (who would also face death for such a crime). It also allowed unarmed Indians to gather fruits and berries within the colony grounds, and declared that all free men could trade non-restricted items (that is, not guns) with the Indians. [Vol. 1, 415 (add this to pdf!)] | |
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< | In this climate of improving relations between the Indians and the settlers, the General Assembly even acknowledged that there existed certain threats more hazardous than an Indian with a gun. In 1657, recognizing that "of late yeares the wolves have multiplied and increased exceedingly to the greate losse and decrease of cattell and hoggs," the Assembly empowered the county commissioners to take initiative to destroy the wolves "in what way they shall best agree, by imploying Indians or otherwise, Provided they arme not the Indians with English armes and gunns contrary to act of Assembly." [Vol. 1, 457] Notably, an act passed during the same legislative session reiterated the ban on selling, bartering or lending arms to Indians, and even increased the penalties for doing so. [* 1657, Act XVII, Vol. 1, 441] Thus, the county commissioners were permitted to hire armed Indians to hunt the menacing wolves, but only if those Indians had somehow acquired their guns in a way that did not violate this ban. | >
> | In this climate of improving relations between the Indians and the settlers, the General Assembly even acknowledged that there existed certain threats more hazardous than an Indian with a gun. In 1657, recognizing that "of late yeares the wolves have multiplied and increased exceedingly to the greate losse and decrease of cattell and hoggs," the Assembly empowered the county commissioners to take initiative to destroy the wolves "in what way they shall best agree, by imploying Indians or otherwise, Provided they arme not the Indians with English armes and gunns contrary to act of Assembly." [Vol. 1, 457] Notably, an act passed during the same legislative session reiterated the ban on selling, bartering or lending arms to Indians, and even increased the penalties for doing so. [* 1657, Act XVII, Vol. 1, 441] Thus, the county commissioners were permitted to hire armed Indians to hunt the menacing wolves, but only if those Indians had somehow acquired their guns in a way that did not violate this ban. The explanation for this seemingly contradictory set of laws can be found in the statutes from the following year. As the preamb law allowing free trade with the Indians, citing as their | | |
- 1658, Act IV - "Whereas there is an act in force prohibiting the lending of gunns or ammunition to the Indians, by vertue of which many quarrells have arisen between English and Indians caringe their owne gunns, which might, vnless prevented, prove a disturbance of the peace now made between the two nations, It is enacted and ordained that it shall be lawfull for the Indians to make vse of their owne gunns and amunition without the lett or molestation of any person or persons whatsoever within theire owne limitts." [Vol. 1, 581]
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GunCulture 29 - 19 Apr 2010 - Main.JuliaS
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"Then came, Oscar, the time of the guns.
And there was no land for a man, no land for a country,
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< | One of the first gun regulations promulgated by the new legislature was the 1629 decree that "[a]ll men that are fitting to beare armes, shall bringe their peices to the church." As a society born from the English common law tradition, the obligation to carry arms was nothing new. Though the phrase "men fitting to bear arms" is not defined in this or any prior Virginia provision, the English tradition tells us that it likely referred to free, able-bodied white men. In 1629, the the colony of Virginia was populated overwhelmingly by such men. The legislature later revised the law to apply only to "the masters of every family," who were now required specifically to bring "one fixed and serviceable gun with sufficient powder and shott" to church with them on Sundays. They would face a fine of ten pounds of tobacco for failing to do so, while "servants being commanded and yet omitting shall receive twenty lashes." ((Thus, servants were obliged to bear arms only when commanded to do so.) Thus, initially, few were excluded from of the legal obligation to bear arms (other than women, of course).
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> | One of the first gun regulations promulgated by the new legislature was the 1629 decree that "[a]ll men that are fitting to beare armes, shall bringe their peices to the church." In concert with earlier provisions which mandated attendance at the Anglican church, this law ensured that the entire colony would be gathered, and armed, on Sundays. As a society born from the English common law tradition, the obligation to carry arms was nothing new. Though the phrase "men fitting to bear arms" is not defined in this or any prior Virginia provision, the English tradition tells us that it likely referred to free, able-bodied white men. In 1629, the population of the colony of Virginia overwhelmingly fit that description. Thus, initially, few men were excluded from of the legal obligation to bear arms. The legislature later revised the law to apply only to "the masters of every family," who were now required specifically to bring "one fixed and serviceable gun with sufficient powder and shott" to church with them on Sundays. They would face a fine of ten pounds of tobacco for failing to do so, while "servants being commanded and yet omitting shall receive twenty lashes."
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< | The 1632 Acts of the House of Burgesses declared that "[n]oe man shall goe to worke in the grounds without theire armes."[Vol 1, 198] That same act declared that no man "shall spend powder unnecessarilie" and required that each plantation owner take an annual census of his men and his assets, including his arms an munition. [Vol 1, 198,200] Arms and ammunition, it seems, were viewed as indispensable resources - to be counted and saved carefully, and carried always. | >
> | The earliest statutes required arms bearing specifically in church because the church was a major community gathering place. Later provisions required arms bearing in courts as well [Vol.2, 333], and required that "[n]oe man shall goe to worke in the grounds without theire armes."[Vol 1, 198]. That same act went on to demand that no man "shall spend powder unnecessarilie" and required that each plantation owner take an annual census of his men and his assets, including his arms an munition. [Vol 1, 198,200]. Men too poor to buy their own arms would have them furnished by the community treasurer. [Vol 5, 93, at III] Arms and ammunition, it seems, were viewed as indispensable resources - to be counted and saved carefully, and carried always. When, in 1675, the legislature passed an act providing for the naturalization of a specific citizen, it made a broad declaration that he shall be afforded all the privileges of a natural born Englishman. Interestingly, the only other specific provision made was for the expedient provision of his arms: "that the late act for provideing armes and ammunition be putt into strict and effectuall execution." [Vol.2 339] The intent, it seems, was to ensure that every man be armed at all times. | | | | |
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< | By 1643, the residents of Virginia had begun to acknowledge that firearms could occasionally create a nuisance. Act XI of that year declared it a crime to hunt a neighbor's land without permission, [Vol. 1, 248] while Act XXXV commanded that, in observance of the Sabbath, no guns shall be shot on Sundays, except for the safety of one's plantation or in defense against the Indians. [Vol. 1, 261] Act XI declared it a crime to hunt a neighbor's land without permission. [Vol. 1, 248]. In 1655, Citing the danger of Indians attack and noting that unnecessary gunshots can cause false alarm, the made it a crime to "shoot any gunns at drinkeing (marriages and ffuneralls onely excepted)".[Vol.1, 401-402]. A few years later the law was amended to outlaw shooting even at marriages and funerals, as well (but allowing an exception for "buryalls"). [Vol. 2, 126] In 1675 the legislature reiterated the duty to attend church and court armed, this time explicitly citing arms as an imperative for "greate security" in "tymes of danger." [Vol.2, 333] That same year they ruled that any man who makes a false alarm in the camp or quarters or who shoots his musket at night time shall be put to death. (Vol.2, 335*) Taken together, these provisions show that while the carrying of arms was viewed as an indispensable safeguard, their actual was viewed nuisance or even a danger if not on an occasion of strict necessity. | >
> | By 1643 however, the residents of Virginia had begun to acknowledge that firearms could occasionally create a nuisance. Act XI of that year declared it a crime to hunt on a neighbor's land without permission, [Vol. 1, 248] while Act XXXV commanded that, in observance of the Sabbath, no guns shall be shot on Sundays, except in defense against the Indians or when necessary for the safety of the plantation. [Vol. 1, 261] A 1655 provision the made it a crime to "shoot any gunns at drinkeing (marriages and ffuneralls onely excepted)"; [Vol.1, 401-402] a few years later the law was amended to outlaw shooting at marriages and funerals as well (but allowing an exception for "buryalls"). [Vol. 2, 126] Eventually the legislature announced that any man who makes a false alarm in the camp or quarters or who shoots his musket at night time would be put to death. (Vol.2, 335*) Notably, these provisions explicitly cited the danger of Indian attacks and the false alarm caused by celebratory gunshots as the purpose for these restrictions. That is to say, the laws proscribing gunfire were not motivated by the intrinsic danger of the weapons themselves, but instead by the danger of Indian incursions. This purpose can be seen throughout the body of colonial legislation. In a 1644 provision, the legislature cited recent raids by Indians as its motive for requiring that no man may plant an outlying plantation ("seate above the plantations already seated") without at least four able, well armed men prepared to protect it.[Vol.2, 209*] The 1675 act that reiterated the duty to attend church and court armed explicitly cited arms as an imperative for "greate security" in "tymes of danger." [Vol.2, 333] (Taken together, these provisions show that the carrying of arms was viewed as an indispensable safeguard, and that the regulation of their use justified only as a matter of protection from enemies.)(<-delete?) | | | The next year however, after Nathaniel Bacon and a group of armed rebels lead a revolt in Jamestown, the legislature's attitude about arms bearing changed. In 1677 the General Assembly declared that the liberty of arms bearing "hath beene found to be very prejudiciall to the peace and wellfaire of this colony," and ruled that if "any person or persons shall, from and after publication of this act, presume to assemble together in armes to the number of five or upwards without being legally called together in armes the number of ffive or upwards, they be held deemed and adjudged as riotous and mutinous, and that they be proceeded against and punished accordingly." [Vol.2, 386] | |
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- 1644, Act II - Noting that the weakness of frontier plantations has been the cause of several murders by Indians, the Assembly declared that "noe person shall hereafter seate above the plantations already seated but with fowre able hands well armed at his first sitting downe." Any persons already having planted frontier plantations are given seven years to come into compliance or else desert their land. [Vol.2, 209*]
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- 1675, Act I.26 - "Hee that sells, pawnes or imbezells his armes, or any ammunition whatsoever, or any axes, spades, shovells, &c. or other necessary instruments, shall for the first and second fault runne the gantlett att the discretion of the commander, and for the third be punished as for theft."(Vol.2, 336)
- 1675, Act IV - This act provided for the naturalization of citizen Christian Peterson. It made a broad declaration that he shall be afforded all the privileges of a natural born Englishman, and interestingly, the only other specific provision made was for the expedient provision of his arms: "that the late act for provideing armes and ammunition be putt into strict and effectuall execution." [Vol.2 339]
- 1684, Act IV - "For the encouragement of the inhabitants of this his majesties collony and dominion of Virginia, to provide themselves with armes and ammunition, for the defence of this his majesties country, and that they may appear well and compleately furnished when commanded to masters and other the king's service, which many persons have hitherto delayed to do, for that their arms have been imprest and taken from them. Be it enacted . . .that all such swords, musketts, pistolls, carbines, guns, and other armes and furniture, as the inhabitants of this country are already provided, or shall provide and furnish themselves with, for their necessary use and service, shall from henceforth be free and exempted from being imprest or taken from him or them, that already are provided or shall so provide or furnish himselfe, neither shall the same be lyable to be taken by any distresse, seizure, attachment or execution, Any law, usage or custom to the contrary thereof notwithstanding." [Vol.3, 13]
- 1746, Chap.2-III - The treasurer is empowered to provide funds "for and towards the buying and providing arms for the poorer sort of inhabitants of this colony, in such proportions, and in such manner, as the general assembly of this dominion shall hereafter direct and appoint. And to the end, the persons enlisted, or to be enlisted, as aforesaid, may be deterred from desertion." [Vol 5, 93]
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- 1775, Chap III - A committe of safety shall be created, among its powers: "to collect together all the arms lately taken away from the publick magazine, and all other arms purchased at the publick expense, at some place most convenient for that purpose, and that they repay the expense incurred by repairing the same; and also all such ammunition and warlike stores as are now the publick property in this colony, or may hereafter be purchased on the publick account; and dispose of such arms, ammunition, and store, as they shall judge most conducive to the safety of this colony, until the farther order of this or some other convention." [Vol 9, 53] The committee shall also have to power to purchase any number of stands of arms, not exceeding three thousand, which they mau judge necessary for the use of the troops to be embodied for the defence of this colony. (72) * 1775, Chap VI - "Whereas, in this time of imminent danger, it is found expedient, for the better defence of this colony, to provide an ample supply of arms and ammunition, by encouraging the manufacturing the same within this colony: Be it therefore ordained . . . That a manufactory of [for] arms be erected at or near Fredericksburg." [Chap 9, 71-71]
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> | As noted above, the stated motivation for much of the early legislation requiring arms bearing (and restricting arms use) was the imminent threat of Indian incursion. Indeed, the Virginia settlers had quickly discovered that the native inhabitants of America could pose a serious threat to their colonial project. The key to subduing the natives, it seemed, was to ensure the maintenance of superior weapons. As John Smith explained in his instructions for the settling of Virginia:
And how weary soever your soldiers be, let them never trust the country people with the carriage of their weapons; for if they run from you with your shott, which they only fear, they will easily kill them all with their arrows. And whensoever any of yours shoots before them, be sure they may be chosen out of your best marksmen; for if they see your learners miss what they aim at, they will think the weapon not so terrible, and thereby will be bould to assault you.
The General Assembly heeded Smith's warning. In 1633 it ruled that any person who shall "sell or barter any guns, powder, shott or any armes or ammunition unto any Indian or Indians within the territorie," shall "forfeite to publique uses all the goods and chattells that he or they then have to theire owne use, an shall also suffer imprisonment duringe life." In order to incentivize reporting, the law provided that half of any such forfeiture shall go to the informant. In 1639, the prior act making it a felony to barter with Indians was repealed, "and enacted that for trading with them for arms and amunition shall be felony, and for other commodities imprisonment at discretion of the Governor and Council." At the time, the standard punishment for a felony conviction was death. [see Vol. 1, 255]. The legislature later retreated a bit from this harsh penalty, enacting revisions in 1642 which restored the original sentence of half of the convict's estate. The 1642 act also made it a crime to furnish Indians with arms for the purposes of hunting game, in the process of which "not onely the Indians (to the great indangering of the collony) are instructed in the use of our arms, but have opportunity given them to store themselves as well with arms as powder and shott." Anyone encountering such and Indian so furnished could lawfully "take away either peece, powder or shott . . . [and] carrie the same to the comander of the county," who was instructed to make a "a strict inquire and examination to find out such person that did lend or give such peece, powder or shott to the Indians." The guilty party must forfeit two thousand lbs. of tobacco for his first offense, and his entire estate for his second. [Vol. 1, 255-256]
The colonists' changing relationship with the Indian natives is reflected in the progression of their arms regulation. In 1645, the House of Burgesses passed an Act establishing Fort Henry and instructing the inhabitants of the Norff counties and the Isle of Wright to "undertake the warr against the Nansimum Indians, or any other neighbouring Indians, by cutting up their corne and doing or performing any act or acts of hostility against them."[Vol. 1, 315 at XIII] Another act passed during the same legislative session "prohibit[ed] any terms of peace to be entertained with the Indians."[Vol. 1, 333, XVII] By 1656, however, hostilities with the Indians had cooled. The legislature's first act of that year dramatically decreased the anti-Indian regime, repealing the law which allowed for the killing of trespassing Indians and declaring that an Indian may only be lawfully killed when committing an act that would be a felony for an Englishman (who would also face death for such a crime). It also allowed unarmed Indians to gather fruits and berries within the colony grounds, and declared that all free men could trade non-restricted items (that is, not guns) with the Indians. [Vol. 1, 415 (add this to pdf!)]
In this climate of improving relations between the Indians and the settlers, the General Assembly even acknowledged that there existed certain threats more hazardous than an Indian with a gun. In 1657, recognizing that "of late yeares the wolves have multiplied and increased exceedingly to the greate losse and decrease of cattell and hoggs," the Assembly empowered the county commissioners to take initiative to destroy the wolves "in what way they shall best agree, by imploying Indians or otherwise, Provided they arme not the Indians with English armes and gunns contrary to act of Assembly." [Vol. 1, 457] Notably, an act passed during the same legislative session reiterated the ban on selling, bartering or lending arms to Indians, and even increased the penalties for doing so. [* 1657, Act XVII, Vol. 1, 441] Thus, the county commissioners were permitted to hire armed Indians to hunt the menacing wolves, but only if those Indians had somehow acquired their guns in a way that did not violate this ban.
- 1658, Act IV - "Whereas there is an act in force prohibiting the lending of gunns or ammunition to the Indians, by vertue of which many quarrells have arisen between English and Indians caringe their owne gunns, which might, vnless prevented, prove a disturbance of the peace now made between the two nations, It is enacted and ordained that it shall be lawfull for the Indians to make vse of their owne gunns and amunition without the lett or molestation of any person or persons whatsoever within theire owne limitts." [Vol. 1, 581]
- 1658, Act XXIV - Free Trade with the Indians: "Whereas it is manifest that the neighbouringe plantations both of English and fforrainers d o plentifully furnish the Indians with gunns, powder & shott, and do thereby drawe from vs the trade of beaver to our greate losse and their profitt, and besides the Indians being furnished with as much of both gunns and ammunition as they are able to purchase, It is enacted, That every man may freely trade for gunns, powder and shott: It derogateing nothing from our safety and adding much to our advantage." [Vol. 1, 525]
- 1665, Act III - Once again prohibits the trade of arms with the Indians: "Whereas there was formerly a law in force prohibiting the armes, ammunition, or guns to the Indians, which upon consideration of the said Indians being furnished by the Dutch was omitted; It being then thought impolitick to debarre ourselves from soe greate an advantage as might accrue to us by the Indian trade, when we could not prevent their supply; yet since those envious neighbours are now by his majesties justice and providence (b) removed from us, and the trade now likely to be in our hands, and none to furnish them besides ourselves, who in these times of eminent danger have scarce ability to furnish our owne people, (c) It is therefore enacted by this grand assembly and the authority thereof that the sale of armes, gunpowder, and shott be wholly prohibited; and that whoever contrary to the intent of this act shall by himselfe or any other sell or barter powder, shott, gun or ammunition to any Indian, shalbe fined ten thousand pounds of tobacco or suffer two yeares imprisonment without bayle or mainprize for the first offence, and for the second to be proceeded against as ffellons." [Vol.2, 215]
- 1675, Act I - Assembly declares war against the Indians. [Vol.2, 326-327*]
- 1675, Act II - Noting that traders have, "by their avirice," armed the Indians with guns and ammunition, and "that they have beene thereby imboldened, not only to fall upon the ffronteer plantations murthered many of our people and allarmed the whole country, but to throw us into a chargeable and most dangerous warr." The Assembly notes that trade with the Indians continues even though it is outlawed. [Vol.2 337-338]
- Thus, it is declared that any person who shall "trade, truck, barter, sell or utter, directly or indirectly, to or with any Indian any powder shott or armes . . . and be thereof lawfully convicted shall suffer death without benefitt of clergy, and shall forfeite his or their whole estates, any act, law, usage or custome in any wise to the contrary notwithstanding, the other halfe to the informer."
- Furthermore, any person found in any Indian town or more than three miles outside of the English plantations "with powder, shott or other armes and ammunition, except one gunn and tenn charges of powder and shott for his necessary use, although he or they be not actually tradeing, trucking, bartering, selling or uttering to or with the Indians, he or they soe found, and thereof lawfully convicted shalbe adjudged guilty of selling and suffer accordingly."
- "But forasmuch as wee are sencible that such Indians as are amongst us in peace, if they be not supplyed with matchcoates, hoes and axes to tend their corne and fence their ground, must of necessity perish of ffamine or live on rapine."
- The Act declared that a commissioner may be nominated in each county to "supply the neighbouring Indians (that are in amity with us and will come in and noe other) with such goods and merchandizes as Indians usually deale for (except powder, shott and armes by this act prohibited as aforesaid) at such reasonable rates and prizes as they and the Indian can agree." These traders were required to take an oath that they would not trade any goods with Indians in a manner contrary to the statute.
- A proviso allows for a special exception for providing small quantities of arms to Indians employed by whites, such that "shall reasonably be thought to be usefull and to be expended by them in such their service and not otherwise."
- After the second declaration of war in 1676, the Assembly once again amended its laws on trade with Indians. Last year's provision allowed certain designated traders to continue trade of certain goods with the Indians is "henceforth repealed and made voide, and further that all trade and commerce with Indians is hereby utterly prohibitted, and all commissions for Indian tradeing whatsoever are hereby revoaked, made null and voide." An exception was made for Indians helping to fight the war in the employ of Englishmen, who could continue to collect the value of their wages. Additionally, "our neighbour Indian ffriends bee not debarred from fishing and hunting within their owne limmits and bounds, useing bowes and arrowes onelie." Violations of the statute incur a fine of 10,000 lbs. of tobacco. [Vol 2, 350-351]
- 1676, Orders of the Assembly at Greene Spring - "[A]ll persons have hereby liberty to sell armes and ammunition to any of his majesties loyall subjects inhabiting this colony, and that the Indians of the Easterne shore have like and equall liberty of trade or otherwayes with any other our ffriends and neighbouring Indians." [Vol.2, 403] * 1677, Act III - The Act established free trade with friendly Indians and provided for the establishment of marts or fairs to facilitate such tread. It noted, however, "that it shall not be lawfull or permitted any Indian or Indians resorting to or meeting at any those aforesaid marts or ffaires to travell with or carry armes, or appeare there armed, except only the carrying home such armes or ammunition as they shall then and there purchase." [Vol.2, 412*]
- 1705, Chapter LII. - Provides for free trade with Indians but section IX. notes "That the said Indians shall not bring with them any guns, ammunition, or offensive weapons, but tools only for their use; that they shall not presume to oister, fish and gather tuckahoe, or other things, as aforesaid, without a licence first had from a justice of the peace, as aforesaid; that the justice, in his licence, shall limit the time of the Indians stay; and that it shall not be lawful for the Indians to tarry beyond the time limited."
- 1748, Chap. XV-XVII - XX - (See "Slaves" Section below)
* 1756 Chap. IV - "An Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government." [Vol 7, 35-38]
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- III. No Papist or reputed Papist so refusing [to take an oath denying] "shall, or may have, or keep in his house or elsewhere, or in the possession of any other person to his use, or at his disposition, any arms, weapons, gunpowder or ammunition, (other than such necessary weapons as shall be allowed to him, by order of the justices of the peace at their court, for the defence of his house or person) and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may authorise and impower any person or persons in the day-time, with the assistance of the constables where the search shall be (who is hereby required to be aiding and assisting herein) to search for all arms, weapons, gunpowder or ammunition, which shall be in the house, custody, or possession of any such Papist, or reputed Papist, and seize the same for the use of his majesty and his successors; which said justices of the peace shall from time to time, at the next court to be held for the county, where such seizure shall be made, deliver the said arms, weapons, gunpowder and ammunition, in open court, for the use aforesaid." (36-37) Penalty for violation was three months in jail and forfeiture of arms. (37) Anyone discovering and turning in such a Papist is awarded the value of the arms discovered. (37)
Slaves
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> | The growth of the slave trade can be traced through laws of Virginia. There is virtually no mention of slaves or "negroes" in the earliest codes, presumably because they had not yet arrived in the colony. The legislature first addressed the issue in its 1639 Acts, wherein it exempted negroes from a provision requiring all persons to be provided with arms and ammunition. In 1680 the General Assembly passed "An Act for preventing Negroes Insurrections" which declared that "[i]t shall not be lawfull for any negroe or other slave to carry or arme himselfe with any club, staffe, gunn, sword or any other weapon of defence or offence, nor to goe or depart from of his masters ground without a certificate from his master, mistris or overseer, and such permission not to be granted but upon perticuler and necessary occasions." A 1702 provision reiterated this prohibition, and further provided that any slave found off his plantation or in possession of a weapon should be apprehended and given twenty lashes. Later amendments provided for steeper punishments.
By 1723, however, the colonists had noticed that there might be useful reasons to provide a slave with arms. Though the provisions enacted at the _ session of 1723 did instruct that, "[g]uns, ammunition, etc. found in possession of negroes, may be seized & the negro whipped," they also allowed for a "free negro, mullatto, or indian," who serves as a house-keeper, or is listed in the militia, "to keep one gun, powder, and shot." Moreover all negros, mullattos, or indians, bond or free, living at any frontier plantation, be permitted to keep and use guns, powder, and shot, or other weapons, offensive or defensive; having first obtained a licence for the same."
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*1691, Act XVI, "An Act for Suppressing Outlying Slaves" - Authorized the sheriff to raise forces to apprehend outlying slaves. If those slaves should resist it "may be lawfull for such person and persons to kill and distroy such negroes, mulattoes, and other slave or slaves by gunn or any otherwaise whatsoever." [Vol. 3, 86]
- 1748, Cha XV: "An Act directing the trial of Slaves committing capital crimes; and for the more effectual punishing conspiracies and insurections of them; and for the better government of negroes, mulattoes, and Indians, bond or free." [Vol 6, 109-111]
- XIX - "Provided nevertheless, That every free negroe, mulattoe, or Indian, being a house keeper, may be permitted to keep one gun, powder, and shot: And all negroes, mulattoes, and Indians, bond or free, living at any frontier plantation, may be permitted to keep and use guns, powder, shot, and weapons, offensive, or defensive, by licence, from a justice of peace, of the county wherein such plantations lie, to be obtained upon the application of free negroes, mulattoes, or Indians, or of the owners of such as are slaves."
- XX - "And be it further enacted, by the authority aforesaid, That if any negroe, mulattoe, or Indian, bond or free, shall at any time, lift his, or her hand, in opposition to any christian, not being a negroe, mulattoe, or Indian, he, or she so offending, shall for every such offence, proved by the oath of the party, before a justice of peace, of the county where such offence shall be committed, receive thirty lashes, on his, or her bare back, well laid on, by order of such justice."
- XXI - Grants the power for the sheriff to "take such power with him, as he shall think fit and necessary" for the apprehension of outlying slaves.
- XXII - Any slave killed in the execution of this act shall have his value certified and paid for by the public. [Vol 6, 110]
- XXIII - "And that where any slave shall happen to die, by reason of any stroke, or blow given, during his, or her correction, by his, or her owner, or by reason of any accidental blow whatsoever, given by such owner, no person concerned in such correction, or accidental homocide, shall be liable to any prosecution, or punishment for the same, unless upon examination before the county court, it shall be proved, by the oath of at least one lawful and credible witness, that such slave was killed wilfully, maliciously, or designedly; and no person indicted for the murder of a slave, and upon trial found guilty of manslaughter only, shall incur any forfeiture, or punishment, for such offence, or misfortune."
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- 1656, Acts of the General Assembly - "It is ordered that for this present year the com'rs. of the militia in every county endeavour to provide four barrels of powder with shot proportionable for each regiment." [Vol.1, 425]
- 1661, Acts of Assembly, Act CXX - Declared that a "provident supply be made of guns, powder and shott to our owne people, and this strictly to be looked to by the officers of the militia that every man able to beare armes have in his house a fixed gun, two pound of powder and eight pound of shot at least." Failure to do so would incur a fine of 50 lbs. of tobacco. [Vol 2, 126-127]
- 1673, Act II - In order to ensure a better supply of arms, the Assembly declared that captaines in each county "take a strict and perticuler account of what armes and ammunition are wanting in their severall companies and troops," and report to the county court. County courts are authorized to "lay and raise a levy for the provideing of armes and ammunition for supplying the wants aforesaid, that is to say, muskitts and swords for the ffoote, and pistolls, swords and carbines for horse, as alsoe for every lysted souldier at the least two pounds of powder and six pounds of shott, the said armes and ammunition by the courts provided as aforesaid to remaine in the hands of the officers of the militia for them to dispose of the same as there shalbe occasion, and that those to whome distribution of armes and ammunition shalbe made doe pay for the same at a reasonable rate." Soldiers paid for their own arms(?) [Vol 2, 304]
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> | * 1675, Act I.26 - "Hee that sells, pawnes or imbezells his armes, or any ammunition whatsoever, or any axes, spades, shovells, &c. or other necessary instruments, shall for the first and second fault runne the gantlett att the discretion of the commander, and for the third be punished as for theft."(Vol.2, 336) | | |
- In 1676 the Assembly once again declared war on the Indians. Act I of that year's Bacon's Law - titled "An act for carrying on a warre against the barbarous Indians" - provided specific instructions for the raising of an army. It specified that each soldier be provided "with two pounds of powder and six pounds of shott a man with good and well fixt guns and other armes for the present, and for what ammunition more shall be wanting that it be provided by and at the charge of the publique." It also provided for the collection of funds from each county to be remitted to England for the purchase of additional arms. [Vol.2, 344]
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> | * 1684, Act IV - "For the encouragement of the inhabitants of this his majesties collony and dominion of Virginia, to provide themselves with armes and ammunition, for the defence of this his majesties country, and that they may appear well and compleately furnished when commanded to masters and other the king's service, which many persons have hitherto delayed to do, for that their arms have been imprest and taken from them. Be it enacted . . .that all such swords, musketts, pistolls, carbines, guns, and other armes and furniture, as the inhabitants of this country are already provided, or shall provide and furnish themselves with, for their necessary use and service, shall from henceforth be free and exempted from being imprest or taken from him or them, that already are provided or shall so provide or furnish himselfe, neither shall the same be lyable to be taken by any distresse, seizure, attachment or execution, Any law, usage or custom to the contrary thereof notwithstanding." [Vol.3, 13] | | | * 1679, Act I - Required the construction of garrisons to protect from Indian incursion. Specified how each was to be equipped: "tenn long guns or muskets be provided with one barrell of gunpowder and leaden shott or bullett proportionable thereto for each garrison to be kept in the store house belonging to it, for a reserve and defence for the same. And that the charge of such gunns, powder or bullett (if the same cannot be procured from his majesties stores, be payd for and defrayed by the publique. And to the end that the Easterne shore may not altogether be left without defence against the Indian enemy, if any shall attempt thereon, or any suspitions of such attempts shall arise among the inhabitants there." [Vol.2, 439]
- 1684, Act IV - "Every trooper of the respective counties of this country, shall furnish and supply himself with a good able horse, saddle, and all arms and furniture, fitt and compleat for a trooper, and that every foot soldier, shall furnish and supply himselfe, with a sword, musquet and other furniture fitt for a soldier, and that each trooper and foot souldier, be provided with two pounds of powder, and eight pounds of shott, and shall continually keep their armes well fixt, cleane and fitt for the king's service." Failure to do so will result in a fine of four hundred pounds of tobacco. The Act further required that all commanders "shall once at the least in every three months, muster, traine and exercise, the troop or company under his command, to the end, they may be the better fitted and enabled, for his majesties and the countryes service." [Vol 3, 14]
- 1684, Act VII - Required the raising of four cavalery units, "to be well horsed and armed; Every man to have a good able horse for service, a case of pistolls, a carbine, sword and all other furniture usual and necessary for horse souldiers or troopers." Contained specific provisions for how troops were to be provisioned, mustered, trained and quartered." [Vol 3, 17-20]
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- 1766, Chap XXI - Further amendment to the act regulating the militia [Vol 8, 241]
- Quakers are added to the list of persons exempted from service. Quakers are exempt from the provision requiring exempted persons to provide arms for the use of the militia. (242) Quakers are to be enrolled and on call in the militia to furnish a substitute in case of an invasion or incursion. Any Quaker refusing to serve when so called who cannot provide a sufficient substitute for himself in the service will owe a fine of ten pounds. (243)
- 1775 - Chap. VI - Enlisted soldiers are to be provided, at the expense of the public with "one good musket and bayonet . . . and until such musket can be provided that they bring with them the best gun of any other sort that they can procure . . . and that such as are to as as riflemen bring with them one good rifle and tomahawk, each to be approved by their captain." [Vol 9, 80-81]
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> | * 1775, Chap VI - "Whereas, in this time of imminent danger, it is found expedient, for the better defence of this colony, to provide an ample supply of arms and ammunition, by encouraging the manufacturing the same within this colony: Be it therefore ordained . . . That a manufactory of [for] arms be erected at or near Fredericksburg." [Chap 9, 71-71]
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- 1775, Chap III - A committe of safety shall be created, among its powers: "to collect together all the arms lately taken away from the publick magazine, and all other arms purchased at the publick expense, at some place most convenient for that purpose, and that they repay the expense incurred by repairing the same; and also all such ammunition and warlike stores as are now the publick property in this colony, or may hereafter be purchased on the publick account; and dispose of such arms, ammunition, and store, as they shall judge most conducive to the safety of this colony, until the farther order of this or some other convention." [Vol 9, 53] The committee shall also have to power to purchase any number of stands of arms, not exceeding three thousand, which they mau judge necessary for the use of the troops to be embodied for the defence of this colony. (72)
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- Note: Lots more on TYPES OF ARMS required/furnished to the militia in this volume. See pp 11-29, 80-92
- 1776, XIII - "And be it farther ordained, That each trooper shall be furnished with the following arms and accoutrements, that is to say: A carbine with bucket and straps, a pair of horseman's pistols and holsters, a tomahawk, a spear, a good saddle well fixed with girts and sursingle, and curb bridle." (Vol 9, 142)
- 1776 (First laws of the Commonwealth) - That from and after the passing this act all the minute battalions, companies, and parts of companies, throughout this state shall be totally dissolved and discharged, and the said minute-men shall thereafter be considered as militia, and be subject to all such rules and regulations as are or shall be established for the better training and disciplining the militia; and the captains of each minute company shall, and they are hereby required to receive of each man in their respective companies all such arms and other accoutrements as have been provided at the publick expense, and deliver, or cause the same to be delivered, to the county lieutenant of each county, to be disposed of as the governour, with the advice of the council, shall direct." (Vol 9, 198)
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GunCulture 28 - 19 Apr 2010 - Main.JuliaS
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"Then came, Oscar, the time of the guns.
And there was no land for a man, no land for a country,
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- 1675, Act I.26 - "Hee that sells, pawnes or imbezells his armes, or any ammunition whatsoever, or any axes, spades, shovells, &c. or other necessary instruments, shall for the first and second fault runne the gantlett att the discretion of the commander, and for the third be punished as for theft."(Vol.2, 336)
- 1675, Act IV - This act provided for the naturalization of citizen Christian Peterson. It made a broad declaration that he shall be afforded all the privileges of a natural born Englishman, and interestingly, the only other specific provision made was for the expedient provision of his arms: "that the late act for provideing armes and ammunition be putt into strict and effectuall execution." [Vol.2 339]
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- 1676, Bacon's Laws, Act IV - Rebellion to be suppressed by military force. [Vol.2, 352-353*]
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- 1684, Act IV - "For the encouragement of the inhabitants of this his majesties collony and dominion of Virginia, to provide themselves with armes and ammunition, for the defence of this his majesties country, and that they may appear well and compleately furnished when commanded to masters and other the king's service, which many persons have hitherto delayed to do, for that their arms have been imprest and taken from them. Be it enacted . . .that all such swords, musketts, pistolls, carbines, guns, and other armes and furniture, as the inhabitants of this country are already provided, or shall provide and furnish themselves with, for their necessary use and service, shall from henceforth be free and exempted from being imprest or taken from him or them, that already are provided or shall so provide or furnish himselfe, neither shall the same be lyable to be taken by any distresse, seizure, attachment or execution, Any law, usage or custom to the contrary thereof notwithstanding." [Vol.3, 13]
- 1746, Chap.2-III - The treasurer is empowered to provide funds "for and towards the buying and providing arms for the poorer sort of inhabitants of this colony, in such proportions, and in such manner, as the general assembly of this dominion shall hereafter direct and appoint. And to the end, the persons enlisted, or to be enlisted, as aforesaid, may be deterred from desertion." [Vol 5, 93]
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- 1756 Chap. IV - "An Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government." [Vol 7, 35-38]
- III. No Papist or reputed Papist so refusing [to take an oath denying] "shall, or may have, or keep in his house or elsewhere, or in the possession of any other person to his use, or at his disposition, any arms, weapons, gunpowder or ammunition, (other than such necessary weapons as shall be allowed to him, by order of the justices of the peace at their court, for the defence of his house or person) and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may authorise and impower any person or persons in the day-time, with the assistance of the constables where the search shall be (who is hereby required to be aiding and assisting herein) to search for all arms, weapons, gunpowder or ammunition, which shall be in the house, custody, or possession of any such Papist, or reputed Papist, and seize the same for the use of his majesty and his successors; which said justices of the peace shall from time to time, at the next court to be held for the county, where such seizure shall be made, deliver the said arms, weapons, gunpowder and ammunition, in open court, for the use aforesaid." (36-37) Penalty for violation was three months in jail and forfeiture of arms. (37) Anyone discovering and turning in such a Papist is awarded the value of the arms discovered. (37)
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- 1775, Chap III - A committe of safety shall be created, among its powers: "to collect together all the arms lately taken away from the publick magazine, and all other arms purchased at the publick expense, at some place most convenient for that purpose, and that they repay the expense incurred by repairing the same; and also all such ammunition and warlike stores as are now the publick property in this colony, or may hereafter be purchased on the publick account; and dispose of such arms, ammunition, and store, as they shall judge most conducive to the safety of this colony, until the farther order of this or some other convention." [Vol 9, 53] The committee shall also have to power to purchase any number of stands of arms, not exceeding three thousand, which they mau judge necessary for the use of the troops to be embodied for the defence of this colony. (72) * 1775, Chap VI - "Whereas, in this time of imminent danger, it is found expedient, for the better defence of this colony, to provide an ample supply of arms and ammunition, by encouraging the manufacturing the same within this colony: Be it therefore ordained . . . That a manufactory of [for] arms be erected at or near Fredericksburg." [Chap 9, 71-71]
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- 1705, Chapter LII. - Provides for free trade with Indians but section IX. notes "That the said Indians shall not bring with them any guns, ammunition, or offensive weapons, but tools only for their use; that they shall not presume to oister, fish and gather tuckahoe, or other things, as aforesaid, without a licence first had from a justice of the peace, as aforesaid; that the justice, in his licence, shall limit the time of the Indians stay; and that it shall not be lawful for the Indians to tarry beyond the time limited."
- 1748, Chap. XV-XVII - XX - (See "Slaves" Section below)
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> | * 1756 Chap. IV - "An Act for disarming Papists, and reputed Papists, refusing to take the oaths to the government." [Vol 7, 35-38]
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- III. No Papist or reputed Papist so refusing [to take an oath denying] "shall, or may have, or keep in his house or elsewhere, or in the possession of any other person to his use, or at his disposition, any arms, weapons, gunpowder or ammunition, (other than such necessary weapons as shall be allowed to him, by order of the justices of the peace at their court, for the defence of his house or person) and that any two or more justices of the peace, from time to time, by warrant under their hands and seals, may authorise and impower any person or persons in the day-time, with the assistance of the constables where the search shall be (who is hereby required to be aiding and assisting herein) to search for all arms, weapons, gunpowder or ammunition, which shall be in the house, custody, or possession of any such Papist, or reputed Papist, and seize the same for the use of his majesty and his successors; which said justices of the peace shall from time to time, at the next court to be held for the county, where such seizure shall be made, deliver the said arms, weapons, gunpowder and ammunition, in open court, for the use aforesaid." (36-37) Penalty for violation was three months in jail and forfeiture of arms. (37) Anyone discovering and turning in such a Papist is awarded the value of the arms discovered. (37)
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