1785 N.C. Sess. Laws 710-11
| dc.coverage.spatial | North Carolina | |
| dc.date.accessioned | 2025-10-24T17:17:01Z | |
| dc.date.accessioned | 2025-11-12T15:34:35Z | |
| dc.date.accessioned | 2026-03-17T03:42:18Z | |
| dc.date.issued | 1785 | |
| dc.description.abstract | Raised the minimum militia age to 18. Militiamen included "all freemen and indented servants" (but not servants for life, a/k/a slaves). Militiamen had to arm themselves with "a well fixed gun and cartouch-box, with nine charges of powder made into cartridges and sizeable bullets or swan-shot, and one spare flint, worm and picker. | |
| dc.description.exceptions | Slaves | |
| dc.description.lawtext | I. Be it Enacted by the General Assembly of the State of North Carolina, and it is hereby Enacted by the authority of the same, That all freemen and indented servants within this State, from eighteen to fifty years of age shall compose the militia thereof; and that the several captains of the same shall enroll the names of all such freemen and indented servants of which their several companies consist, and shall, at their respective general musters return a copy thereof to the colonel of their respective regiments, under the penalty of ten pounds, to be levied by warrant of distress from the colonel of the regiment, directed to the sheriff of the county to which the said regiment belongs; which sheriff shall be paid out of the said penalty the sum of eight shillings, and in case any sheriff shall neglect or refuse to execute such warrant, he shall forfeit and pay the sum of five pounds, to be recovered before any jurisdiction having cognizance thereof, and applied as herein after directed; which copy so returned, shall by every colonel be returned to the brigadier general of the district within one month after such muster, under the penalty of twenty-five pounds, who is hereby required within three months to transmit the same to the Governor, under the penalty of fifty pounds, to be recovered and applied as other fines by this Act imposed; and that all persons after being so enrolled, who shall at any time (unless rendered incapable by sickness or other accident) neglect or refuse when called upon to appear, at such times and places where ordered by the colonel or commanding officer, there to be mustered, trained and exercised in arms, and be provided with a well fixed gun and cartouch-box, with nine charges of powder made into cartridges and sizeable bullets or swan-shot, and one spare flint, worm and picker, under the penalty, if at a private muster of ten shillings, and if at a general muster twenty shillings, to be levied by a warrant of distress by the captain of the company, directed to the serjeant of the same, who is hereby empowered to execute the said warrant and distrain for the said fines and penalties in the same manner as sheriffs are empowered to distrain for public taxes, and shall make return thereof to the captain, which serjeant shall deduct two shillings and eight-pence for his services out of every fine so levied; and in case such serjeant shall neglect or refuse to serve any warrant or warrants to him directed, he for such neglect or refusal shall be fined forty shillings, to be recovered by a warrant from the captain, directed to another serjeant, under the same penalty, to be accounted for and applied as other fines in this Act directed. Provided always, That every absentee shall be allowed till the next succeeding muster to make his excuse before the captain shall issue his warrant, unless against such defaulters as he may suspect are about removing themselves out of the county before such succeeding muster; and every person that shall be fined by virtue of this Act, and shall think himself injured by his officers may appeal to the next court-martial, first giving security to appear and abide by the judgment of the said court, and if judgment shall be against him that he will then and there pay the fine, with five shillings cost. Provided also, That the members of the General Assembly, Council of State, judges, justices of the peace, secretary of State, attornies, continental delegates, officers who have served in the continental line, officers in the militia of as high rank as captain, who did not resign or were not broke in the time of the war, ministers of the gospel regularly called to the cure of souls, school masters having the care of twelve scholars, students, clerks of the court, physicians, ferrymen, overseers having the care of six taxable slaves, inspectors, public millers, sheriffs, coroners, constables and branch pilots, so long as they shall continue in office shall not be obliged to enlist themselves or appear at such musters. II. And be it further Enacted by the authority aforesaid, That if the captain, lieutenant and ensign, or any two of them shall adjudge any person or persons enrolled as aforesaid, to be incapable of providing and furnishing him or themselves with arms, ammunition and accoutrements, required by this Act imposed, until such arms and accoutrements shall be provided and delivered him by the court-martial, to be paid out of the fines already collected, and that may hereafter be collected, such court-martial first taking security for the safe keeping of such arms and accoutrements and to be returned when required. | |
| dc.description.summary | This law requires captains to enroll all free men and indentured servants aged 18 to 50 into the North Carolina militia and submit roll lists through the chain of command up to the Governor under penalty of substantial fines. Enrolled members must attend regular musters equipped with a functional gun, cartridge box, ammunition, and accessories, facing fines levied via distress warrants for failing to appear or bring required gear. Exemptions are granted to numerous public officials, professionals, ministers, and workers, provided they maintain their active roles. | |
| dc.identifier.uri | https://dspace.firearmsresearchcenter.org/id/frc0001/4828 | |
| dc.relation.isreferencedby | http://docsouth.unc.edu/csr/index.php/document/csr24-0016 | |
| dc.subject | MILITIAS | |
| dc.subject | REQUIRED POSSESSION | |
| dc.title | 1785 N.C. Sess. Laws 710-11 |