Military Laws of Province Repealed by Import Act, March 20, 1780

On March 20, 1780, a law was passed to effect a reorganization of the whole militia system in Pennsylvania. It provided for the appointment of a lieutenant for each county, and two sub-lieutenants or more, not exceeding the number of battalions, which were to be divided into classes as heretofore. Fines, however for non-attendance on muster days were fixed for commissioned officers at the price of three days’ labor.

When called out, the pay of privates was to be equal to one day’s labor. Persons called out, but neglecting or refusing to go, were liable to pay in each case the price of a day’s labor during the term of service, beside a tax of fifteen shillings on the hundred pounds upon their estates. As a relief to this class, the hiring of substitutes was allowed. 205Pensions were promised the wounded in battle, and support to the families of those militiamen who were killed, at rates to be fixed by the courts. Considerable opposition was made to this law, from the fact that by permitting the hiring of substitutes it would relieve the disaffected and Tories.

While this bill, undoubtedly, had many defects, it was the first real effort toward the establishment of a military system in the Commonwealth upon a practical basis.

Militia companies were provided in each county, the State being divided into districts, and all males were required to enroll, who were between eighteen and fifty-three years of age.

This act was modified in 1783, when a more specific code of discipline was adopted. This act remained in force until 1793.

The militia act of March 20, 1780, was the outgrowth or development of the militia system of Pennsylvania which may be considered to have begun in the year 1747. Altho in the charter given to William Penn, the Governor was given authority to levy, muster and train men, to make war upon and pursue the enemy, even beyond the limits of the province.

As early as 1702, Lieutenant Governor Hamilton asked the Assembly to enact a bill to provide for “what may come against us by land or by sea.”

Several years later Lieutenant Governor Evans urged a similar law, but the idea was unpopular. Several other similar bills were subsequently defeated, yet the Assembly occasionally appropriated funds for “the King’s use,” for the purchase of bread, beef, pork, flour, wheat and “other“other grain.” Franklin later commented that “other grain” meant black grains of gunpowder.

It was through the effort and influence of Franklin, in 1747, that a volunteer military association was effected, consisting of about 1200 of the most influential men in the province. This soon grew to 10,000 and the following year the “Associated Companies,” by which name the organization became known, had enrolled 12,000 horse, foot and artillery, each armed and equipped at personal expense, and the officers chosen from the members. Franklin was one of the original colonels.

This association rendered conspicuous service in the French and Indian wars and preserved its organization. Many of the companies volunteered for service in the Revolution and formed the backbone of the State’s militia.

In 1756 there were in Philadelphia three of these companies, with a total of seventeen officers and 260 private men, one troop of horse with five officers and forty men and one battery of artillery with three officers and 150 men. In Bucks County there were nine companies with thirty-nine officers and 513 men; in Chester County there were several companies, under command of Captain John Singleton, Samuel 206West, Robert Boyd and Jacob Richardson. In York County there were eight companies with an enrollment of 642 men and in Lancaster County there were nine companies and 545 men.

It was not until Braddock’s defeat that the Assembly voted a substantial sum for the “King’s use,” but made no provision for an organized military force. November 25, 1755, the Assembly passed “an Act for the better ordering and regulating such as are willing and desirous to be united for military purposes within the province.”

This was the first act of Assembly which in any way provided for the organized defense of the province, and this was to remain in force only until October 30, 1756.

By March 29, 1757, the Quakers had become a minority in the Assembly and an act was passed which was more satisfactory. It also provided for the compulsory enrollment of all male persons between the ages of seventeen and fifty-five years. It also stated the financial responsibility required of those who would serve as officers.

One section of this act provided “that all Quakers, Menonists, Moravians and others conscientiously scrupulous of bearing arms, who shall appear on any alarm with the militia, though without arms, and obey the commands of the officers in extinguishing fires, suppressing insurrection of slaves or other evil-minded persons during an attack, in caring for the wounded, conveying intelligence as expresses or messengers, carrying refreshments to such as are on duty, and in conveying to places of safety women and children, aged and infirm, and wounded persons are free and exempt from penalties of this act.” This act remained in force until the close of the French and Indian War in 1763.

There was no special control of military affairs again until June 30, 1775, when the Assembly passed an act for “the defense of their lives, liberty and property.”

At this same session there was established a Committee of Safety, of twenty-five members, which constituted the Board of War, whose powers enabled them to call into service so many of the associators as they deemed necessary or the occasion required.

The Committee of Safety was organized July 3, 1775, with Benjamin Franklin as president.

This committee exercised supreme control of the land and naval forces of the province until October 13, 1777, when its powers were transferred to the body known as the Council of Safety, this comprising the Supreme Executive Council and nine others. The Council of Safety was dissolved December 6, 1777, when the military authority was assumed by the Supreme Executive Council and the Assembly.

The aggregate number of men furnished by the Associators during the Revolution was in excess of 35,000.

Pennsylvania furnished in all arms of the service, under the various 207calls, a total of 120,514 men, which number does not include many bodies of militia and many men who were under arms for a brief period, a record of which service was not kept during the early years of the war.

Laws were passed during the war relating to the military forces, but these were all repealed by the formal act of March 20, 1780.