THE ORIGIN OF THE MASSACHUSETTS MILITIA
Prior to the outbreak of the Revolution the militia of the Province of Massachusetts Bay was governed by the provisions of an act for regulating the militia, passed in 1693. Although quaint and antiquated in its provisions, it seems to have sufficed for all practical purposes; and no other act was passed regulating the militia until the Provincial Congress, almost at the beginning of its sittings, took steps to place the militia of the Province upon a different basis in order to find themselves prepared for the impending contest with the mother country, which at that date, October, 1774, was patent to all men as an unavoidable conflict.
It may be interesting to note some of the provisions and requirements that governed the militia during the Province period under the old act referred to. The act provided that all male persons from sixteen years of age to sixty, with certain exceptions, should bear arms and duly attend all musters and military exercises of the respective troops and companies wherein they were listed, allowing three months’ time to every son, next after his coming to sixteen years of age, and to every servant for the same period after his time was out, to provide themselves with arms, ammunition, etc. It also provided that, if any person liable to be listed as aforesaid—i.e., as a member of any troop or company, in the precinct or town where he resided—should avoid service by shifting from house to house or place to place, to avoid being listed as a member of a troop or company, he should be fined ten shillings for every offence, the money to be paid over to the company to which he belonged. Regimental musters, except in Boston, were to be held but once in three years; but the act provided that every captain, or chief officer, of a company or troop, should draw forth his company or troop four days annually, and no more; to exercise them in motions, the use of arms, and shooting at marks, or other military exercises. The punishment for any disorders or contempt committed by any member of a company on a training day or on a watch was to be by laying neck and heels, riding the wooden horse, or ten shillings’ fine. The exemptions from training included the members of the Council, the Representatives for the time being, the Secretary, Justices of the Peace, the President, Fellows, students, and servants of Harvard College, Masters of Art, ministers, elders and deacons of churches, sheriffs, physicians, surgeons, and professed schoolmasters, all such as had held commissions and served as field officers or captains, lieutenants or ensigns; coroners, treasurers, the Attorney-General, deputy sheriffs, clerks of courts, constables, constant ferrymen, and one miller to each gristmill. In addition there were exempted officers employed in connection with the Crown Revenue service, all masters of vessels of thirty tons and upwards, constant herdsmen, persons lame or otherwise disabled in body (on production of a certificate from two surgeons), Indians and negroes. It also provided that where any person could not provide his own arms, corn or other merchantable provision or vendable goods, to the extent of one-fifth part more than the value of the arms and ammunition, might be proffered to the clerk of the company, who was authorized to sell it and thus provide the person with the necessary arms. In case any were too poor to even supply merchandise, the arms were to be provided from the town stock. It also provided that a stock of powder and ammunition should be held in every town, and from time to time be renewed by the Selectmen. The necessary stock of powder, arms, and ammunition, was to be secured by a rate equally and justly laid upon the inhabitants and estates in such towns; and the rate for this purpose was collected by the constables, who were authorized, in case of non-payment, to distrain as for other rates. Under this act the militia of the Province were governed, and from the militia so authorized were raised the troops who formed the contingent of Provincials in the various expeditions against Canada, and proved their natural military capacity and their inherent quality as good soldiers at the siege of Louisburg, the expedition against Crown Point, and upon other occasions, as well as in various minor engagements with the Indian enemy upon the eastern and western frontiers of the Province.
After the events of the Stamp Act and when it became a certainty that the colonists could hope for nothing from the tyrannical ministry of Great Britain, and all thinking men faced the possibility of armed resistance to the mother country, it became necessary for those foreseeing the event and in the forefront of the Revolutionary party to provide a more elastic instrument and one more responsive to their urgent needs than could be looked for under the old militia act. Accordingly, in the first Provincial Congress, on the 26th of October, 1774, a committee appointed to consider what was necessary to be done for the defence and safety of the Province made a report upon which a resolve was immediately passed, making provision for the appointment of a Committee of Safety, who were empowered and directed to alarm, muster, and cause to be assembled, with the utmost expedition, such and so many of the militia of the Province, completely armed and equipped, as they might judge necessary for any contingency they might be called upon to confront. Provision was made for the pay and subsistence of any force that might be so assembled, and for the appointment of general officers, inasmuch as some of the officers holding commissions under crown appointments might have, and no doubt did hold, what were at the time conservative opinions concerning the causes that had led to the bitter feeling between the people of the Colonies and the ministers of Great Britain. It was resolved that such companies as had not already chosen officers should do so forthwith; and, where said officers should judge the districts included within the regimental limits too extensive, they should divide them and adjust their limits, and proceed to elect field officers to command the regiments, so called. The effect of this action, when carried out, was to practically redistrict the whole militia of the Province, and provide them with company officers and field officers that were in sympathy with the popular feeling; and this change took effect upon the initiative of what was practically a convention of delegates from the people, who had assembled in response to a call to take measures to save the Province from what they considered violation of their rights and privileges, and from aggressive militarism.