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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,
| | | Why Virginia | |
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> | The Militia | | |
Lawes Divine, Morall and Martiall of the Colony of Virginea | | | With the reversal of the free trade law in 1665, the Virginia legislature entered another cycle of the intensification of restrictions, following by their gradual liberalization. In 1675, after noting that trade of arms with the Indians continued despite being outlawed, the General Assembly enacted more comprehensive restrictions and steeper penalties. It was now illegal to "trade, truck, barter, sell or utter, directly or indirectly, to or with any Indian any powder shott or armes," and those in violation "shall suffer death without benefitt of clergy, and shall forfeite his or their whole estates."[Vol.2 337-338, Act II] Moreover, 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." The statute went as far as to assert that any Indians living peacefully amongst the colonists "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."[Vol.2 337-338] A single exception to the strict provisions of this statute was made for the furnishing of a 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."[Vol.2 337-338] Natives could not be trusted with arms, it seems, except in the service of white men. The following year, the legislature revoked provisions which had allowed for the trade of certain non-restricted goods with the Indians, and banned all trade of any kind. An exception, however, was made for Indians in the employ of Englishmen, who could continue to collect the value of their wages. [Vol 2, 350-351]
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< | By the end of 1676, however, relations with the Indians had improved significantly. The legislature declared that "all 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] The following year the legislature endorsed free trade with friendly Indians and even provided for the establishment of marts or fairs to facilitate such trade. 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*] By the early 18th century, Indians in Virginia enjoyed nearly unfettered access to guns; the requirement that Indians be unarmed when they enter English land for the purposes of fishing, appeared to be the final vestige of the campaign to _. [vol 3, 467]
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> | By the end of 1676, however, relations with the Indians had improved significantly. The legislature declared that "all 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] The following year the legislature endorsed free trade with friendly Indians and even provided for the establishment of marts or fairs to facilitate such trade. 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*] By the early 18th century, Indians in Virginia enjoyed nearly unfettered access to guns. The only legal restriction remaining, it seems, was the requirement that Indians be unarmed when they exercises their licenses to fish in English waters. [vol 3, 467] | | | | |
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- 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.
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> | While the settler's struggle to suppress the Indian population is evident from even the earliest Virginia statutes, their trouble with "negroes" is barely reflected in the law... the 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] | >
> | The efforts of the Virgina colonists to [] began in earnest in 1748 with the passage of an act entitled... | | |
- 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."
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- 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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> | • 1738, Acts of the General Assembly, Chap. II: An Act for the better Regulation of the Militia [Vol. 5, 16-19]
o VI. "That all such free mulattos, negros, or Indians, as are or shall be listed, as aforesaid, shall appear without arms; and may be emploied as drummers, trumpeters, or pioneers, or in such other servile labour, as they shall be directed to perform." Under provision XI, soldiers are given 18 months to furnish themselves according to the act.
• 1755, Chap. 2 "AN act for better regulating and training the Militia" [Vol 6, 530-533]
o VII. "And be it further enacted by the authority aforesaid, That all such free mulattoes, negroes and Indians, as are or shall be listed, as aforesaid, shall appear without arms, and may be employed as drummers, trumpeters or pioneers, or in such other servile labor, as they shall be directed to perform. And for the better training and exercising the militia, and rendering them more serviceable.”
Papists
* 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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