“THIS FAMOUS ACT IS FULL OF THE SPIRIT OF THE TIMES… THE MERE READING OF THE… ARTICLES OF WAR… WAS INCENTIVE ENOUGH TO MAKE EVERY PATRIOT A SOLDIER”: THE VERY RARE 1776 MASSACHUSETTS MILITIA ACT AND ARTICLES OF WAR

AMERICAN REVOLUTION. The Militia Act; Together with the Rules and Regulations for the Militia. Boston: J. Gill, 1776. 12mo, period-style full tree calf, red morocco spine label; pp. [1], 40. $15,000.

First edition of the 1776 Massachusetts Militia Act and Articles of War, “ordered to be printed April 23, 1776, in an edition of one thousand copies. This famous Act is full of the spirit of the times. It is said that the mere reading of the… articles of war appended was incentive enough to make every patriot a soldier” (Evans 14878).

"The famous Militia Act of Massachusetts was passed… after the Battles of Lexington and Bunker's Hill, when the General Court had been expelled from Boston by the British Army, and were just in the grieved spirit to cause them to do the work thoroughly" (Sabin 45924). Massachusetts had been at war since "the shot heard 'round the world" in April 1775 and had often stood alone while the Continental Congress was still attempting to reconcile with Great Britain. Massachusetts' militia was crucial to the survival of the colony, as well as the Continental Army, and these important documents reorganized and regulated the disordered volunteer militia, enlisting "all able-bodied Male Persons… from sixteen Years old to fifty" to "defend their Lives, Liberties and Properties" and "put the Militia into a proper State for the Defence of America." "The First Continental Congress had rejected a proposal to form a nationwide militia… [but] in the years immediately before 1775, tensions built to the point that the leaders in each colony foresaw the possibility of violence. They reacted by gathering war materials and restoring the militia (or volunteer forces) to a level of readiness not seen since the early days of settlement… In the face of increased tension, [the Provincial Congress of Massachusetts]… on April 5, 1775 adopted regulations for the militia, the Massachusetts' Articles of War, which were the first American Articles of War. Derived from British articles in force since 1765, the 53 articles provided for the order of military units, gave military commanders the authority to discipline their troops, and defined crimes, punishments, and legal and administrative procedures. Two weeks later, on April 19, 1775, Massachusetts militiamen and British troops began the War of American Independence at Lexington and Concord. Massachusetts' Articles of War were extremely influential and quickly spread to the New England colonies—Connecticut and Rhode Island adopted similar versions in May, and New Hampshire implemented Massachusetts' code on June 29." Before the outbreak of the war, the Provincial Congress of Massachusetts had proposed the creation of a "New England army," a "volunteer force [that] was to include more than just Massachusetts men, and delegates were sent to the other New England colonies to urge their participation… [After Lexington and Concord] Massachusetts' call for a joint army… was answered by the three other New England colonies—New Hampshire, Rhode Island, and Connecticut. Within two months three small armies joined the Massachusetts troops at Boston, and a council of war began strategic coordination. This regional force paved the way for the creation of a national institution, the Continental Army." The New England delegations to the Continental Congress "immediately tried to secure congressional support for armed opposition to Great Britain. They argued that New England was merely protecting itself from British aggression, and that in so doing it was acting to defend all the colonies. Their goal was the adoption by Congress of the troops at Boston, an action which would both remove the objection that the war was a regional issue and broaden the base of support for the military effort." On June 14, Congress adopted the New England army as "the American continental army" and ordered the drafting of rules and regulations "for the government of the army." The Continental Congress used the text of Massachusetts' Articles of War, changed the word "Massachusetts" to "Continental" wherever it appeared, added 16 clauses, and on June 30, 1775, adopted the 69 Articles of War for the Continental Army. George Washington was chosen as Commander in Chief and took charge of the main army at Boston. Washington encountered great difficulty in enlisting and re-enlisting men for the Continental Army and used the Massachusetts militia to fill the gaps. In late 1775 and early January 1776, Washington "urged the New England governments to institute a form of a draft to fill their regiments" (Robert K. Wright, The Continental Army).

This may have been a major catalyst for the creation of the Massachusetts Militia Act. The Militia Act was passed by the Provincial Congress of Massachusetts on January 22, 1776. Formally titled "An Act for forming and regulating the Militia within the Colony of the Massachusetts-Bay… and for repealing all the Laws heretofore made for that Purpose," it reorganized the Massachusetts militia, replacing the loosely structured volunteer army of 1774 and 1775 with a more permanent and formal organization. The new militia regiments included all able-bodied male citizens between 16 and 60. In addition to providing local defense, these regiments served as the primary source of reinforcements for the Continental Army throughout the war. The necessity for the act is explained in the Preamble: "it is not only the Interest, but the Duty of all Nations to defend their Lives, Liberties and Properties… against the unlawful Attacks and Depredations of all Enemies… [T]he Honorable American Congress have recommended to the United Colonies to put the Militia into a proper State for the Defence of America: And… the Laws now in Force, respecting the Regulation of the Militia, have been found insufficient for the Purposes aforesaid…" The Massachusetts Articles of War (the first Articles of War adopted in America, originally passed on April 5, 1775) were revised and expanded from 53 to 59 articles, passed in the Massachusetts House of Representatives on April 16, 1776 and concurred in the Council two days later: "Resolved, That the Militia of this Colony… when drawn out or order'd to be drawn out on an Alarm for the immediate Defence of this, or any other of the United Colonies of America, shall… be under the following Laws, or Articles of War or regulations…." The revised Articles of War were immediately ordered to be printed with the Militia Act in this edition of only 1000 copies. Sabin 45924.

Contemporary ink flourishes on the top of the title page surrounding the "THE" and barely touching "MILITIA ACT", affected by a marginal waterstain that does not quite touch the text on the title page. Text clean. Quite rare.