4 Laws of New Hampshire, Revolutionary Period 39-42 (Henry Harrison Metcalf ed., 1916)
| dc.coverage.spatial | New Hampshire | |
| dc.date.accessioned | 2026-06-05T19:33:03Z | |
| dc.date.issued | 1776 | |
| dc.description.abstract | An Act for forming and regulating the Militia within the State of New Hampshire in New England, and for repealing all the Laws heretofore made for that purpose: Retained the recently established age limits of 16 to 50. Any "good Fire Arm" was acceptable. Also mandatory was a "good Ramrod." The latter was used to ram the bullet down the muzzle, into the firing chamber. It was essential to the use of a muzzle-loading gun. While some militia statutes specified a ramrod, many left it to implication. By requiring that a gun be "well fixed" or "good," the less specific statutes implicitly required all appropriate accoutrements, including the ramrod. For gun cleaning, the worm and priming wire had long been mandated. The new laws had an additional item: a brush. Two types of edged weapons were needed. First, "a Bayonet fitted to his Gun." In close quarters fighting, an infantryman would attach the bayonet to the front of his gun. Then the gun would be used as a spear. Since there was a bayonet, there had to be "a Scabbard and Belt therefor." Besides the bayonet, one additional edged weapon was mandatory: "a Cutting Sword, or a Tomahawk or Hatchet." The ammunition items were: "Pouch containing a Cartridge Box, that will hold fifteen Rounds of Cartridges at least, a Hundred Buck Shot, a Jack Knife and Tow for Wadding, six Flints, one Pound of Powder, forty Leaden Balls fitted to his Gun." Finally, field supplies: "Knapsack and Blanket, a Canteen or Wooden Bottle sufficient to hold one Quart." Persons who were self-sufficient had to supply themselves with the required items. As for others, "all Parents, Masters, and Guardians, shall furnish and equip those of the Militia which are under their Care and Command | |
| dc.description.lawtext | Whereas it is not only the Interest but the Duty of all Nations to defend their Lives, Liberties and Properties in that Land which the Supreme Ruler of the Universe has bestowed on them, against the unlawful attacks and Depredations of all Enemies whatever; especially those who are moved by a Spirit of Avarice or Despotism:—And whereas the Honorable American Congress have recommended to the United Colonies, to put the Militia into a proper State for the Defence of America:—And whereas the Laws now in Force, respecting the Regulation of the Militia, have been found insufficient for the Purposes aforesaid. 1st It is therefore enacted by the Council & House of Representatives in General Court Assembled, And by the Authority of the same, that the several Laws and the several Paragraphs and Clauses of all and every the Laws of this State enforcing, or any Ways relating to the Regulation of the Militia, be and hereby are repealed & declared null and void. And be it further enacted by the Authority aforesaid That that part of the Militia of this State commonly called the Training Band, shall be constituted of all the able-bodied Male persons therein, from sixteen Years old to fifty excepting Members of the American Congress, Members of the Council and of the House of Representatives for the time being, the Secretary of the Colony, all Civil Officers that have been or shall be appointed by the General Court, or either Branch of it, Officers and Students of Dartmouth College, Ministers of the Gospel, Elders and Deacons of Churches, Church-Wardens, Grammer School-Masters, Masters of Arts, the Denominations of Christians called Quakers, Select Men for the time being, those who have by Commission under any Government or Congress, or by Election in pursuance of the Vote of any Congress of the Continent, or of this or any other Colony, held the post of a Subaltern or higher Officer, Persons while actually employed as Masters of Vessels of more than thirty Tons Burthen, other than Fishing Vessels, and Vessels coasting this Colony, and to and from this Colony to the other New England Governments, Constables, Sheriffs and Deputy Sheriffs, Negroes, Indians and Mulattoes, and shall be under the Command of such Officers as shall be impowered & commissioned over them, as is by this Act provided; and the Select-men or the major part of them of each Town, shall be, and hereby are impowered by Writing under their Hands to excuse from Time to time such Physicians, Surgeons, Ferrymen & Millers in their respective Towns from common and ordinary Trainings, as they shall judge it necessary to excuse: And the Council & House of Representatives aforesaid shall from Time to Time, as may appear to them necessary, divide the Militia of each County into Regiments, and alter and divide such Regiments from Time to Time, as they shall judge expedient, after having taken the Opinion, during any Session of the General Court, of such Members of the House as belong to the County where the Division or Alteration is to be made, and as shall be present at the Time of such Consultation.— 2d And be it further enacted by the Authority aforesaid, that there shall be chosen by Ballot of the Council and House of Representatives for this State from Time to Time as may be Necessary, one Major General over the whole Militia thereof, which Major General when so chosen shall be Commissioned to that Office by the Council and House aforesaid. & said General shall at all times have power to draw forth the said Militia or any part thereof, as the said General may judge expedient and necessary for the immediate defence of this, or any of the United States of America. And the Officers and Soldiers of said Militia shall pay entire Obedience to his Commands accordingly under the Penalty hereafter provided in this Act.— Provided always. That the said General and all other Officers of said Militia shall at all Times be under the Command of the Council and House of Representatives, and shall in drawing forth or retaining in Service the said Militia or any part thereof, be subject to such Orders and Instructions, as they may receive from Time to Time from the same Council and House of Representatives. 3d And be it further enacted by the Authority aforesaid, That there shall be chosen, appointed and commissionated, (as is provided and directed by this Act for the Choice and Appointment of a General Officer) over each Regiment one Colonel, one Lieutenant Colonel, and two Majors; and the said Field Officers so appointed and commissioned, or the major part of them, shall forthwith divide and set off the respective Regiments into Companies, as they shall judge expedient, to consist as near as conveniently can be, of Sixty eight Privates, exclusive of those of the Alarm List, and to determine the Rank of each and every Company. Provided nevertheless, That no Soldier shall be obliged, without his consent, to join a Company belonging to any Town in which he has not his usual place of Abode, unless where there shall not be Privates enough to make a Company of thirty Soldiers including Officers; in which Case, as also there where any Persons belonging to a place not incorporated, they shall be joined to such Company as the Field Officers of the Regiments within which they shall see fit. And the Inhabitants of every Town now in, or that shall be in the Continental Army, shall be deemed to belong to, and be a part of the Companies in their respective Towns, and excused from Duty in the Militia, whilst they continue part of the Army aforesaid; and each Company when so formed and set off, shall, together with those of the Alarm List, within the Limits of the Same, by Ballot, in the presence of one of their Field Officers, who shall cause them to be duly notified for that purpose, and shall preside as Moderator, choose one Captain, two Lieutenants, and one Ensign; which Choice shall be immediately certified to the Secretary by said Field Officers; and the President of the Council thereupon, unless some material Objection against such choice for any corrupt Practice or Irregularity, shall be made at or before the Time of receiving said Certificates, shall commissionate such Persons pursuant to their Election. And all the said Officers when so commissioned by the President of the Council, shall, in the absence of their Superiors, have the same Power in ordering, directing and marching their Regiments and Companies, as the Major General has over the whole of said Militia: And the Colonel, or commanding Officer of each Regiment, as soon as the Captains in his Regiment are commissioned, give them respectively under his Hand in Writing, the Limits of their respective Companies; their alarm Posts, and the manner of mustering their Companies on all Occasions. 4. And be it further enacted by the Authority aforesaid, That the Field Officers of each and every Regiment, or the major Part of them, shall recommend to the General Court a good able and skilful Person for Adjutant of their Regiment; And if either House shall by Ballot, elect such Person for that Office, then the President of the Council shall, when concurred, commissionate him thereto. And in all Cases determinable by Field Officers of the several Regiments, where there shall be four Field Officers of any particular Regiment present; and they shall be equally divided in their Opinions respecting such Matter—the Determination shall be according to the opinion of the first Colonel. 5. And be it further enacted, That each Company including the Alarm List, shall be called together by their Captain, or commanding Officer, as soon as may be for the purpose of choosing one Clerk, four Serjeants, four Corporals, one Drummer, and one Fifer; and when it shall appear to the Commission Officers of any Company, that either of said Non-commissioned Officers shall neglect his Duty, they may remove & dismiss him from his Office, and call upon their Company, including the Alarm List, to choose another in the Room of such Delinquent; and if the said Company being called together for that Purpose, shall at any Time neglect or refuse immediately to proceed to the Choice of one, or more Non-commissioned Officer or Officers, so ordered to be chosen—the Commission Officers of such Company, or the major part of them, shall by Warrant under their Hands in Writing appoint such Non-commissioned Officer or Officers, which the said Company shall have refused to choose as aforesaid. 6. And be it further enacted by the Authority aforesaid, That each and every Officer and private Soldier of said Militia, not under the Controul of Parents, Masters, or Guardians, And being of sufficient Ability therefor, in the judgment of the Selectmen of the Town wherein he has his usual place of Abode, shall equip himself, and be constantly provided with a good Fire Arm, good Ramrod, a Worm, Priming Wire and Brush, and a Bayonet fitted to his Gun, a Scabbard and Belt therefor, and a Cutting Sword, or a Tomahawk or Hatchet, a Pouch containing a Cartridge Box, that will hold fifteen Rounds of Cartridges at least, a Hundred Buck Shot, a Jack-Knife and Tow for Wadding, six Flints, one Pound of Powder, forty Leaden Balls fitted to his Gun, a Knapsack and Blanket, a Canteen or Wooden Bottle sufficient to hold one Quart.—And all Parents, Masters, and Guardians, shall furnish and equip those of the Militia which are under their Care and Command, with the Arms, Equipments and Accoutrements aforesaid: And where the Selectmen of any Town shall adjudge any Person belonging to the Militia of their Town unable to equip, and arm himself as Aforesaid, such Selectmen shall in Writing Under their Hands certify the same to the Captain or commanding Officer in whose Company such Person may be, and shall at the Expence of such Town provide for, furnish, arm and equip such Person with Arms and Equipments; which Arms so provided by such Selectmen, shall be the Property of the Town at whose expence they shall be provided; and if any non-commissioned Officer or Soldier, shall embezzle or destroy the same, he shall be punished at the Discretion of the Justice, or Court before whom he may be convicted thereof, by paying double the Value of the Arms, or Accoutrements so wilfully destroyed or embezzled; and on Default thereof, to be publickly whipped not exceeding twenty stripes: and the Selectmen of each and every Town shall provide at the Expence of the Colony and deposit and keep in some safe Place for the Use of the Militia upon an Alarm—one sixteenth part so many Spades, or Iron Shovels with Handles and fitted for Service, as there are Rateable Polls in their Town; one half as many narrow Axes, as Spades and Iron Shovels, and as many Pick Axes, as narrow Axes all fitted for Service:—And at the Cost and Charge of their respective Towns, one Drum and one Fife for each Company therein. And the Freeholders & Inhabitants of each and every Town in this Colony, qualified by Law to vote in Town Meetings, are hereby impowered at a Meeting regularly warned for that purpose, to raise Money by Tax on the Polls and Estates of the Inhabitants of their Towns to defray all charges arising on said Towns in Consequence of this Act.— 7. And be it further enacted by the Authority aforesaid, That each and every Commission Officer of said Militia, who shall not within one Month next after receiving his Commission, provide for, arm and equip himself with Such Arms and Accoutrements, as is by this Act directed, shall by Order of a Court Martial appointed, as by this Act is provided, be removed from his Office. And every Commissioned Officer, who shall be deposed from his Office in the Militia for Neglect of Duty, or other Misdemeanor, as by this Act is provided, shall receive no Benefit from any Commission, which he shall be thus incapacitated to execute to exempt him from Military Duty. 8. And be it further enacted, That the Clerk of each and every company of said Militia, shall once every six months after the Time of his Choice or Appointment, take an exact List of his Company, and of each Man's Equipments respectively, and present the same to the Captain or commanding Officer thereof; a Copy whereof the Captain or commanding Officer, shall immediately deliver to the Colonel or commanding Officer of the Regiment he belongs to; and the Colonel shall without delay return the Number therein contained to the Major General, and he shall forthwith return the same to the Council.— 9. And be it further enacted by the Authority aforesaid, That when the Captain or commanding Officer of any Company of Militia in this Colony, shall choose to call his Company together, or shall be ordered by his Superior Officer to do it, to examine their Arms, or instruct them in the Exercises, which from Time to Time shall by the General Court be ordered for them, he shall notify and warn them of the Time and Place of Meeting, in such manner as his Colonel shall appoint therefor, and each and every Company shall be mustered eight Times a Year at least, including their Regimental Musters. | |
| dc.description.summary | This act reorganizes the colonial militia by establishing the Training Band of able-bodied men, creating a command structure of generals, regimental officers, and company officers, and requiring regular musters and discipline. It mandates that militia members obtain and maintain specified arms, ammunition, and equipment, while authorizing towns to supply arms for those unable to afford them and establishing procedures for inspections, organization, and military readiness. | |
| dc.identifier.uri | https://dspace.firearmsresearchcenter.org/id/frc0001/5949 | |
| dc.relation.isreferencedby | https://dspace.njstatelib.org/bitstreams/1acdd80d-6ba6-45ef-b2c6-d21818d1040a/download | |
| dc.relation.isreferencedbyGoogle | https://play.google.com/store/books/details?id=P71GAQAAIAAJ | |
| dc.subject | MILITIAS | |
| dc.subject | REQUIRED POSSESSION | |
| dc.title | 4 Laws of New Hampshire, Revolutionary Period 39-42 (Henry Harrison Metcalf ed., 1916) |