The Virginia militia is composed of the body of the people in the Commonwealth of Virginia which is an armed force of all citizens 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.
In 1623 the Virginia General Assembly 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 Berkeleystated, "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 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. [http://www.virginia1774.org/Invasion1727.html] "An Act for making more effectual provision against Invasions and Insurrections", Feb. 1727. This Virginia militia system was put to the test in 1676 during Bacon's Rebellion. The Crown's Militia was victorious over Nathaniel Bacon who tried to seize power. A rebellion in England 13 years later produced greater individual rights and a check upon standing armies. The English Bill of Rights of 1689 guaranteed Virginian's 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 may have arms for their defence suitable to their conditions and as allowed by law;
A Well Regulated Militia During the French & Indian War
"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, 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. .." [http://www.virginia1774.org/Militia%20Act%20of%201757.html] "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 dissolved the Virginia House of Burgesses 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 Assemblyvoted unanimously for independence and to have a declaration of rights drawn up. [http://www.virginia1774.org/GeorgeMasonCommission.html Colonel] George Masonbecame the principal author of the Virginia Declaration of Rights that was published on June 12, 1776. George Masondrew from his own previous writings upon his founding of the [http://www.virginia1774.org/GeorgeMasonFairfax.html Fairfax County Independent Company of Volunteers ] on September 21, 1774. This company was a paramilitary organization independent of the Crown's militia. Section 13 of the Virginia Declaration of Rights 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 Section 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."'
The Virginia militia system as a compulsory service composed of the body of the people trained to arms as envisioned by
George Masonremained 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 organized and the unorganized militia.
In 1971, the Virginia Bill of Rights under Article I, Section 13, was changed to the following:
"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 [http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+44-1 § 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 and the Air National Guard, the
Virginia State Defense Force, the naval militia, and the unorganized militia."
Permanent faculty members of the
Virginia Military Instituteare 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.
Staff members of the
Virginia Tech Corps of Cadetsalso may hold officer appointments in the Virginia Militia, unless they hold higher rank as active or retired US military officers.
Militia (United States)
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