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To: H-NET/OIEAHC Electronic Association in Early American Studies <H-OIEAHC@H-NET.MSU.EDU> Reply-to: clayton@claytoncramer.com X-Mailer: V-webmail 1.3.2 ( http://www.v-webmail.co.uk/ ) Delivered-to: H-OIEAHC@H-NET.MSU.EDU Original-recipient: rfc822;saillant@vmh.cc.wmich.edu > Date: Mon, 16 Dec 2002 14:50:06 -0500 > From: Terry Gruber <gruber@hardynet.com> > Subject: Free Blacks and Militias > To: OIEAHC Listserve <H-OIEAHC@H-NET.MSU.EDU> > Organization: Rock Oak MR/DD Services > > Hello--- > Just one question concerning colonial era militias---did any militia laws > in any colonies and states (to 1800) specifically exclude free blacks (I > assume enslaved blacks were exempted) from the muster rolls? If so, which > states/colonies excluded? Thanks--- > > Terry Gruber > Kirby, WV I would not assume that slaves were exempted. I don't have my notes in front of me here, but Virginia finally excluded blacks from the militia in 1639/40. Remembering that the institution of slavery was still in a formative stage, the ambiguity of whether this meant only slaves or free blacks as well is unsurprising. It would appear that if free blacks were excluded by this law, something changed thereafter, because a 1680 law prohibited "any negroe or other slave" from possessing weapons, but the 1723 law allowed free blacks who were householders or members of the militia to have one gun. The 1738 law required them to muster, but to appear unarmed. Delaware's 1742 law prohibited servants and slaves from bearing arms, or mustering in the militia. The language is a little ambiguous as to whether free blacks were still members of the militia. Maryland's 1715 law prohibiting any "Negro or other slave" from bearing arms off his master's land would seem to preclude free blacks from militia duty. http://www.claytoncramer.com/primary.html#RaceGunControlStatutes contains a list of various colonial race specific gun control laws. http://www.claytoncramer.com/primary.html#MilitiaLaws contains a pretty comprehensive list of colonial miltiia laws. Clayton E. Cramer clayton@claytoncramer.com http://www.claytoncramer.com Being a citizen of the Republic is not a spectator sport.
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