This is a Message Board Post that is gatewayed to this mailing list. Author: waroper Surnames: Classification: queries Message Board URL: http://boards.rootsweb.com/surnames.roper/1935.1.1.2/mb.ashx Message Board Post: Frank: In any discussion about militia rosters and muster rolls, it is probably appropriate to also mention that there has been a great dimunition in the public awareness and appreciation as to what was then commonly meant by the term "militia." Not only in Colonial times, but through the present date, in many states the term "militia" has a rather precise statutory definition and often even a definition set forth in the state constitution. These definitions are usually quite ancient and have often been carried forward through several different implementations of the state constitution. Those who misunderstand the true meaning of the Second Amendment to the United States Constitution and who seek to deny the fundamental right to keep and bear arms often point to the mention within the Second Amendment of a "well regulated militia," as some evidence that less than everybody ought to have a right to bear arms. These people argue from a point of complete ignorance about wither the historic or even current meaning of the term. A few examples serve to clarify the meaning of militia in context. Article 219 of the Kentucky Constitution contains this ancient provision: "The militia of the Commonwealth of Kentucky shall consist of all able-bodied male residents of the State between the ages of eighteen and forty-five years, except such persons as may be exempted by the laws of the State or of the United States." * Though the composition of the Pennsylvania militia is no longer Constitutional, it is still statutory. The current Pennsylvania statute on the militia is found in Title 51, "§ 301, which reads: "§ 301. Formation. (a) Pennsylvania militia.--The militia of this Commonwealth shall consist of: (1) all able-bodied citizens of the United States and all other able-bodied persons who have declared their intention to become citizens of the United States, residing within this Commonwealth, who are at least 17 years six months of age and, except as hereinafter provided, not more than 55 years of age; and (2) such other persons as may, upon their own application, be enlisted or commissioned therein." This version of the state militia law was adopted in 1976, but closely mirrors provisions which have been in effect in Pennsylvania for two and a half centuries. Pennsylvania was a late comer to enactment of militia laws due to the Quaker influence in the Colonial legislature. * Article VIII of the Tennessee Constitution concerns the state militia. This article begins: "Section 1. All militia officers shall be elected by persons subject to military duty, within the bounds of their several companies, battalions, regiments, brigades and divisions, under such rules and regulations as the Legislature may from time to time direct and establish." Article IV, Section 1 of the Tennessee Constitution includes: "All male citizens of this state shall be subject to the performance of military duty, as may be prescribed by law." * * * * * My overall point here is that in many states, the "militia" is essentially all able bodied adult males and almost always has been. So almost every male is in the "militia," but most usually do NOT know it. >From this basic rule that all able bodied males of military age were in the militia arose the necessity of keeping rosters or lists of who was subject to call up in emergency and of conducting annual elections of miitia officers to maintain, organize and command the militia when called into service. The evolution of militia service as the nation expanded, weapons changed and ownership of horses shifted also later led to an overlay of organized rather than "unorganized" militia units in many places. Citizens were often given a choice to affiliate with an organized, rather than a merely unorganized militia unit. The organized milita units met and trained regularly. Joining an organized militia rather than remaining within the unorganized militia meant that a man had some choice about the type of unit with which he might serve and could choose with whom to associate. Similarly, most organized units tended to elect their members and some were quite restrictive as to whom might be accepted. The organized militia units tended to have uniforms, sometimes quite regal, and some very specific military mission or function. Even so, EVERONE served WITHOUT COMPENSATION except when formally called into active service by the state or national government. For a look at a raucus militia training circa 1841, see the painting Militia Training by artist James G. Clonney (1812-1867) on permanent display at the Pennsylvania Academy of Fine Arts: http://www.pafa.org/museum/The-Collection-Greenfield-American-Art-Resource/Tour-the-Collection/Category/Collection-Detail/985/mkey--232/view--True/ So it is with my private milita unit in Philadelphia, which meets WEEKLY for regular riding practice and monthly for a regular business dinner meeting. The Troop has been doing this for more than two centuries. This is NOT a "re-enactment" unit. Rather, it is simply a private militia that continues to have an ongoing military mission. When I joined, the unit had M-60 tanks, as well as horses. These were soon upgraded to M1 Abrams tanks and the Troop once had two tank platoons. As the cavalry mission has continued to evolve, tanks have recently been removed from the Troop's regular armament, but the cavalry mission persists. Now, the horses are merely for tradition, ceremonial functions, recreation and training, continuing to build teamwork and esprit de corps. When called to active military service, modern military vehicles and weapons are employed. While private militias have mostly fallen by the wayside in the modern era, one can still see some aspects of this sprit of voluntarism in local volunteer fire companies in more rural and some suburban areas. Similarly some of the militia traditions are mirrored in college fraternities and a number of adult fraternal and benevolent organizations in which men regularly meet and engage in collective projects. I thought this might further inform your understanding of the ancient militia tradition and my acquaintance with this tradition. Important Note: The author of this message may not be subscribed to this list. If you would like to reply to them, please click on the Message Board URL link above and respond on the board. <br>