Militia Progression

        Militia impressions in living history currently leave a lot to be desired. Organization of militia in pre-statehood Tennessee changed according to the governing authority. These changes are important to recognize and interpret in living history as the militia system and its organization played a significant role in the structure of communities in Tennessee, family and kinship, and political parties.

         Below is an outline of the way that organization of militia in pre-statehood Tennessee changed from the years of 1780 - 1796. It is highly recommended that living history groups reconcile their impressions against this timeline to be sure that what, and whom, they are portraying is accurate and appropriate to the site and site timeline.

1780-1783: The Cumberland Compact

         The Cumberland Compact was a governing document for the Cumberland settlements drafted by Richard Henderson, proprietor of the Transylvania Company. During this time, Virginia, North Carolina, and the new Transylvania Company claimed the Cumberland. Henderson's claim (via the Treaty of Sycamore Shoals) was rendered invalid and further surveys showed that the Cumberland Settlements were in North Carolina. Prior to the creation of Davidson County in 1783, the settlements and station governed themselves and organized the militia according to the Cumberland Compact. Most significantly different than post-1783, the militia was organized by stations, not by county and Captain's companies as seen after the creation of Davidson County, NC.

According to the Compact:

• Officers to be elected at each station to command station militia
• Officer can raise the militia of any fort, as many as needed
• To repulse and pursue enemy
• Can impress horses
• Can fine for disobedience as he thinks proper
• All fines for benefit of station
• Six spies kept out as long as can be paid – 75 bushels Indian corn per month
• Under the direction of Col. Robertson and Col. Bledsoe
• Officers chosen were:

• Nashborough Station
• William Pruitt, Capt.
• Samuel Martin, 1st Lt.
• Jonathan Buchanan, 2nd Lt.
• William Overall, Ensign

• Freelands Station
• Joshua Howard, Capt.
• James Dollason, Lt.
• Jonathan Dunam, Ensign

• Heatonsburg
• Josiah Ramsey, Capt.
• James Hollis, Lt.
• Joshua Thomas, Ensign

• Mansco’s Station
• Isaac Bledsoe, Capt.
• Gasper Mansco, Lt.
• James Linn, Ensign

• Maulding’s Station
• Francis Prince, Capt.
• Ambrose Maulding, Lt.

October 6th, 1783 - May 26th, 1790: Davidson County, NC

        After Henderson's claim was rendered null and void, North Carolina established Davidson County from its Western District on October 6th, 1783. The militia was then organized according to Militia laws that governed North Carolina militias. While impromptu militias were certainly raised from stations during emergencies, the organizational structure shifted to that of Captain's Companies and County Regiments. When Sumner and Tennessee counties were organized (1787 and 1788, respectively), the militia was further organized into additional regiments for each new county. From 1783-1790, the militia was organized according to North Carolina systems, however, the organization was not codified until 1786.


1786-1790: North Carolina Militia Law of 1786

         This Act passed by the North Carolina legislature codified the militia system. This became the basis for Militia organization in what would become the State of Tennessee. The organization and policy it provided was as follows:

• Brigade in each district (District in modern middle TN was Mero)
• Commanded by a Brigadier general
• Included a brigade major, aide-de-camp and a brigade inspector
• Was to be comprised of several regiments, one regiment per county
• Each regiment commanded by a Lt. Col.
• Each regiment was to consist of two or three battalions, each to be commanded by a major.
• Several companies would comprise a battalion
• Smallest unit of militia was the company
• Companies were organized as follows:

• Infantry
• Captain
• Three sergeants
• Three corporals
• One drummer
• One fifer
• Fifty privates
• Cavalry
• Three sergeants
• Three corporal
• Trumpeter
• Thirty-two privates
• Artillery
• Captain
• Three sergeants
• Three corporals
• Two drummers
• Two fifers
• Fifty-two privates

The 1786 Act stipulated the following:

• Mandatory service of all free men and indentured servants between ages of eighteen and fifty.
• Exceptions were made for:  Superior Court judges, assembly delegates and secretaries, counselors of the state treasury, the attorney general, ministers of the gospel, ferrymen, branch pilots, inspectors of public warehouses, justices of the peace and certain officers who had served in Rev. war with notoriety.
• Power to raise militia rested in Governor alone or officer appointed by him
• Militia to muster in the event of an emergency or insurrection in NC
• No provision for federal service
• No mention of use beyond boundaries of NC
• No mention of maximum service
• In active service to receive nominal pay:
• Infantry: 2 sh, 6p per day
• Officers: 3sh to 1lb, 4sh.
• Emphasized peacetime duties
• Required all militia to attend muster
• Each regiment and battalion was to muster twice a year at it’s respective county courthouse
• Each Company to muster every two months at place designated by captain
• Captains responsible for training
• The regimental colonel was to review troops at least once per year during regimental muster

Arms requirements:

         The Code was ambiguous about provision of arms and implies that soldiers were to provide arms unless they were unable afford their own. Provided arms were to be purchased with collected fines. Captains were to make yearly returns to the regimental colonel of strength and condition of his company. Colonel's were to make regimental returns to the brigadier generals who in turn made returns to Governor.

• Each infantry officer to attend muster with a side arm or spontoon        
• Each private with a musket or rifle with sufficient powder, flints and balls for nine rounds          
• Cavalry officers and privates:   
• Good horse
• Saddle
• Bridle 
• Pistol 
• Holster
• Horsemens sword and cap
• Shoe-boots and spurs
• Cartouche box w/ cartridges          
• Artillery same as Infantry except officers to carry swords instead of guns

Rules for officer appointment:

• Commissioned officers had to own a freehold of at least 150 acres or freehold of any size town lot.
• Officers were not chosen democratically but rather appointed    
• Captains appointed their company’s non-commissioned officers
• Commissioned officers in each company were to be chosen with seniority, including Captain, but the appointment of Captains required the approval of the regimental colonel. 
• General assembly to appoint the commanding officers for each brigade and regiments 
• Generals and colonels were to choose their own staff officers

Enforcement:

• Court martial to be held on the day following regimental and battalion musters.
• Court was to consist of 13 members, with the eldest officer serving as the president
• Court was to asses fines, grant duty exceptions based on age or disability and hear individual grievances
• Court was authorized to suspend or cashier anyone found guilty of violating militia laws
• Commissioned officers accused of misconduct were to be tried by a separate court.
• Most offenses involved neglect of duty
• Failure to attend:

• 10-20 shillings for privates or non-commissioned officers
• 2-4 lbs. for commissioned Officers
• Same fines applied if the soldier arrives at muster unarmed unless unable to afford gun
• Privates and non-commissioned officers who refused to obey orders fined 20-40 shillings
• All militiamen, regardless of rank, were subject to fine of 10 pounds for failure to appear when called into active service.

1786: North Carolina legislature authorized the "Cumberland Battalion". This battalion was to aid Mero District settlers in fortifying settlements, ranging, and defense. This Battalion was commanded by a Major and was renewed multiple times into the 1790s. For more info, see The Cumberland Battalion

1787: Sumner County organized from Davidson County. Captains companies that geographically located here became companies of the Sumner County Regiment of Militia.

1788: Tennessee County organized from Davidson County. Captains companies that geographically located here became companies of the Tennessee County Regiment of Militia.

1790: The Territory Southwest of the River Ohio, or, the Southwest Territory.

In December of 1789, just weeks after ratifying the new Federal Constitution, North Carolina voted to cede its western territory to the Federal Government. The Territory was officially ceded in April of 1790 and the Southwest Ordinance issued May 26th, 1790. This was the governing document for the Territory and followed the 1787 Northwest Ordinance issued for governing the Northwest Territory.

The Southwest Ordinance:

Original Text

The Northwest Ordinance:

Original Text
 

The Militia underwent another shift in it's organization due its new jurisdictional government. Most notably, all non-commissioned officers were now appointed by the Territorial Governor, William Blount. Politicking had always been part of Militia life, but now even more so. Officers, commissioned and non-commissioned, appointed by Blount were supporters of the so-called "Blount Machine". In this we can see the beginnings of party-based politics emerging in Middle Tennessee.
 
Blount also consistently reminded Officers that the Militia was to maintain a defense only policy. This created problems as the militia saw it and it resulted in multiple militia actions being condemned by the Federal government. This policy, coupled with a seeming indifferent attitude toward the safety and security of the settler in the Southwest Territory led to inhabitants maintaining sentiments of Anti-Indian and anti-1789 Constitution. On multiple occasions, individuals and groups of settlers in the Southwest Territory entertained alignment with various European powers as means of establishing the desired safety and security in trade.

 Federal Territorial Militia organization still largely followed the 1786 North Carolina Militia Law. Notable differences were:

• Each Company had own district [2]
• No more than two companies out at a time
• Same pay as a US soldier
• Were to be replaced from "time to time"
• Provisions by contract [3]
• Cavalry must find own rations and forage [6]
• Militia to guard surveyors running treaty line 
• Militia must be called by the President [8]
• Warrants taken out if not in attendance at general muster[26]  

A policy adapted from the previous decade was a plan for defense of Cumberland settlements. This included the stationing of regular troops in the same manner of the Cumberland Battalion (1787). Battalions of soldiers from Washington District (modern day East Tennessee) were brought into Mero District to aid in defense, ranging, and building blockhouses. While there is evidence of a written plan, it likely no longer exists. [5] Blount terminated the service of all Washington and Hamilton districts Battalions at the end of 1794 and replaced them with men from each County regiment in Mero District as follows:

• 10 from Sumner
• 15 from Davidson
• 5 from Tennessee 
• Pick the most active men and best horses

However, a unit this small, it was believed, was best suited to act as Spies and range in advance of the frontiers.

Additional orders in 1793:

•         Order what is needed, not to exceed 1 company of infantry & one company of cavalry or mounted infantry.
•         No one company of infantry to be out more than one month
•         20 days for cavalry and mounted infantry
•         Captains to make regular reports to Robertson about ranging and station locations
•         Cavalry to range between Cumberland and duck rivers
•         If needed for pursuit, order no more than one additional Cavalry.
•         Troops at Big Salt Lick to stay (These were likely Federal Soldiers)
•         No companies mustered in until previous company is mustered out, unless needed [43]

With Federal governance also came Federal soldiers under the 4th Sub-Legion. The soldiers were primarily stationed at Knoxville and Tellico Blockhouse near Cherokee territory. Federal soldiers performed a variety of tasks but most mostly focused on protection of the Cherokee Territorial line. Small detachments were placed at Fort Blount (Big Salt Lick/ modern Jackson County ), Fort Nash (modern Coffee County) among others. Occasionally single officers in charge of militia detachments were given special assignments. Federal soldiers had authority over all Territorial militia.  


Legislatively assigned posts:

In the efforts of further regulating defense of Mero district, the Legislature determined places for permanent military posts. These were to be occupied by whichever Militia company was in service at the time.

Sumner County:

• One at Bledsoe’s lick
• One at Morgan’s Station
• One at Gibson’s on Cumberland River

Davidson County:

• One at Haye’s Station on Stones River
• Others as Gen. Robertson sees fit

Tennessee County:

• One on the Spring Creek of Sycamore
• Others as Col. Ford sees fit [54]

In April of 1794, Secretary of War Henry Knox further authorized militia and posts as follows:

•  A Post and garrison to be established at the ford at the crossing of Cumberland River of:
• 1 Subaltern
• 2 Sergeants
• 2 Corporals
• 26 privates
•  For the protection of Tennessee County and the inhabitants of Red River running into the Cumberland:
• 1 Subaltern
• 2 Sergeants
• 2 Corporals
• 21 Privates
• Davidson County: Chief post to be in the front of Nashville
• 1 Subaltern
• 2 Sergeants
• 2 Corporals
• 26 privates
• Sumner County:
• 1 Subaltern
• 1 sergeant
• 2 corporals
• 17 privates
• Also 2 Subalterns and 30 mounted militia for the district
• Six small howitzers with 100 rounds of ammo each, from Philadelphia to Ft. Pitt and then to Nashville by water.

Additional Militia duties saw small detachments reinforcing other fortifications out of the area, such as when Knox ordered an Ensign, Sergeant, Corporal and “Dix Huit” privates of mounted infantry to Ft. Massac (Southern Illinois) in October of 1794. [57]

In 1795 the threat of violence from the various Indian nations had decreased tremendously. This was largely due to Creek Chief Alexander McGillivray's death in 1793 and the Mero district Militia attack on the Lower Cherokee towns of Running Water and Nickajack. All Washington and Hamilton district and Federal soldiers were pulled out and the only special assignment was keeping Fort Blount manned. [58]


June 1st, 1796: Tennessee became the 16th State.

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[1] Elijah Robertson to Daniel Smith, June 24^th 1789, Draper 4XX, 7

[2] 80

[3] 76

[4] Titus Strickland, 1851, Draper 5S, 39-40

[5] 79

[6] 110

[7] 116

[8] 132

[9] Draper 6 xx 64, 3-4, 30s 182, 526

[10] James Roberts  April 20, 17(to Daniel SmithCarter, Volume IV, 136-7.

[11] ASP, Volume II, Number 1, 77-79

[12] Edward Douglass April 29, 1793(to Daniel Smith) Draper Papers, 7 ZZ, 37

[13] Joseph Brown, 1852, The Southwestern Monthly, Vol. I, 76

[14] Unidentified Writer, 2/3/93 (Letter from Sumner County), General Adverstiser (Philadephia) 4/6/92 from “Crag-fort”

[15] Draper, 5XX,52; TSLA, Joseph Brown Papers, MF 747, Southwestern Monthly Vol 1, 74-5

[16] 133

[19] 153

[20] 159

[21] 171

[22] ASP 279

[23] SWP 167

[24] 175

[25] 193

[26] 206

[29] Henry Johnson, Draper 30S, 281-83

[30] Robertson to Smith, 8/17/93, ASP IV 466-67

[31] Kxville Gazetter, 14 sept 1793

[32] John Rains, ca 1821, Haywood

[33] Blount to Robertson, 10/21/93, AHM III, 79

[34] Gray 124-25

[35] James Winchester, 11/9/93, The Gazette of the United States (Philadelphia) 1/17/94, 2

[36] 232

[37] ASP 453

[38] SWP 259

[39] 272

[40] 274

[41] 277

[42] 283

[43] 311

[44] Edward Swanson, John haywood papers, Fol. 4

[45] Maclin Cross, The union and American, 10/1/1854, p. 2

[46] Andrew castleman, Draper 32 S, 328-39

[47] Hugh Bell 30 S, 223

[48] Blount to Robertson, 10/1/94, AHM Vol III 360

[49] Doyle to Robertson 10/94, ASP IV 540

[50] Winchester to Blount 11/9/94, ASP 539

[51] Maclin Cross, Nashville Union and American, 10/1854, 2.

[52] Robertson to Blount, 11/15/94, ASP 542

[53] Robertson to Knox, 10/6/94, AHM, Vol. IV 75-7

[54] 332

[55] 338

[57] 359

[58] 372