A History of the Militia

of the United States

The “M” Word
The word “Militia” is mentioned in the U.S. Constitution six
times.
Article 1, Section 8 Paragraph 15:
To provide for calling for the Militia to execute the laws of the
Union, suppress Insurrections, and repel invasions
Article 1, Section 8 Paragraph 16:
To provide for organizing, arming, and disciplining the Militia,
and for governing such part of them as may be employed in
the Service of the United States, reserving to the States
Respectively, , the Appointment of the Officers, and the
authority of training the Militia according to the discipline
prescribed by Congress
The “M” Word
Article 2, Section 2:

The President shall be Commander in Chief of the Army and Navy of the
United States, and of the Militia of the several States, when called into actual
service of the United States.

2nd Amendment: “A well regulated Militia, being necessary for the defense of
a free state, the right of the people to keep and bear arms shall not be
infringed

5th Amendment: No person shall be held to answer for a capital, or otherwise

infamous crime, unless on a presentment or indictment of a Grand Jury,
except in cases arisng in the land or naval forces or in the Militia, when in
actual service in time of War or public danger…
Militia Act of 1792
Second Congress, Session I. Chapter XXVIII
Passed May 2, 1792,
providing for the authority of the President to call out the Militia
Section 1. Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That whenever the
United States shall be invaded, or be in imminent danger of invasion
from any foreign nation or Indian tribe, it shall be lawful for the
President of the United States, to call forth such number of the militia of
the state or states most convenient to the place of danger or scene of
action as he may judge necessary to repel such invasion, and to issue his
orders for that purpose, to such officer or officers of the militia as he shall
think proper; and in case of an insurrection in any state, against the
government thereof....
The “M” Word
New York Constitution: Article XII:


Section 1. The defense and protection of the state and
of the United States is an obligation of all persons
within the state. The legislature shall provide for the
discharge of this obligation and for the maintenance
and regulation of an organized militia.

The “M” Word
Article 13 of Virginia’s original Declaration of
Rights in 1776: “That a well regulated militia,
composed of the body of the people, trained
to arms, is the proper, natural, and safe
defence of a free state; that standing armies,
in time of peace, should be avoided, as
dangerous to liberty”.
The Militia is Not a made up of private
groups.
Militia: A Proud History
A History of the Militia in the U.S.
English settlers in Boston and other towns in
the Massachusetts Bay Colony adopted the
English militia system as their model for
local defense. Every male colonist between
the ages of 16 and 60 was required to possess
arms and equipment and to drill with the
town militia company. In 1636 town
companies were assigned to three regional
regiments. Several prominent men in
Boston, all with military experience, agreed
that another type of militia organization was
needed to better prepare militiamen for the
defense of the colony.
Powder Houses
Powder Houses
A History of the Militia in the U.S.
After the French and Indian War, many Militia Units
were virtually defunct, but after the Boston Tea Party
and the First Continental Congress and state
provisional congresses, militia units were restored and
Minute Companies were formed.
A History of the Militia in the U.S.
Virginia 1632
King’s Phillips War 1675-1678
French and Indian War 1754-1763
Concord and Lexington 1775
Bunker Hill 1775
Numerous Battles throughout the Revolutionary War
War of 1812:
Mexican American War
Civil War
A History of the Militia
War of 1812
The war of 1812-14 raised a number of questions as to extent of the
power over the State militia conferred upon the general
government by the Constitution. Some maintained that the power
conferred on the President to act as commander-in-chief of the
State militia when in the actual service of the United States was a
power personal to himself and could not be delegated ; and as the
appointment of officers had been reserved to the States, the militia,
even when in the U.S. service, were under no obligations to obey
anybody but the State authorities or the President in person. The
governor of Vermont went so far as to claim the right to order the
militia of that State to return home if, in his discretion, he thought
they were more needed at home than in front of the enemy who
had invaded a neighboring State.
Controversy over the use of the Militia: Vermont Governor
tried to recall the Vermont Militia in the War of 1812.
Aroostook War
The militia system had already proven
unreliable by the time of the Mexican War
and had undergone substantial revision.
Two issues emerged during the War of 1812
that demonstrated its flaws. First, many
states prohibited their troops from
participating in military operations on
foreign soil. Second, by law a militiaman
could only serve for a period of ninety days,
meaning that recruiting, training, and
marshaling occupied most of a unit's time
with little left over for campaigning. As a
solution to this problem, Congress created a
subclass of militia called volunteers who
were not confined by these two restrictions.
On May 13, 1846, Congress authorized
President Polk to raise 50,000 12-month
volunteers.
Lincoln’s Calls Forth the Militia
Proclamation Calling Militia
and
Convening Congress
April 15, 1861
BY THE PRESIDENT OF THE UNITED STATES
A PROCLAMATION.
Whereas the laws of the United States have been for some time past, and now are opposed,
and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama,
Florida, Mississippi, Louisiana and Texas, by combinations too powerful to be suppressed
by the ordinary course of judicial proceedings, or by the powers vested in the Marshals by
law,
Now therefore, I, Abraham Lincoln, President of the United States, in virtue of the power in
me vested by the Constitution, and the laws, have thought fit to call forth, and hereby do
call forth, the militia of the several States of the Union, to the aggregate number of seventy-
five thousand, in order to suppress said combinations, and to cause the laws to be duly
executed. The details, for this object, will be immediately communicated to the State
authorities through the War Department.
The Dick Act of 1903
The Militia Act of 1903 (32 Stat. 775), also
known as "The Efficiency in Militia Act of
1903", also known as the Dick Act, [1] was
legislation enacted by the
United States Congress which codified the
circumstances under which theNational
Guard could be federalized. It also provided
federal funds to the National Guard to pay
for equipment and training, including
annual summer encampments. In return,
the National Guard began to organize its
units along the same lines as the
regular Army, and took steps to meet the
same training, education and readiness
requirements as active duty units.[2]
James Parker, first head of Division of Militia Affairs.
The Dick Act was amended several times. In 1908, The nine-month limit
on federal service was dropped, and the President was empowered to set
the length of federal service.[24] The ban on National Guard units serving
outside the United States was also dropped, though subsequently the
United States Attorney General offered his opinion that enabling the
National Guard to serve outside the United States was unconstitutional.
[25] In addition, the 1908 law stated that during a mobilization the

National Guard had to be federalized before the Army could organize

volunteer units.[26] The 1908 law also included the creation of the
Division of Militia Affairs as the Army agency responsible for overseeing
federal training and administrative requirements for the National Guard.
[27][28][29][30][31]
Current Militia Law
Title 10 Section 311
(a) The militia of the United States consists of all able-
bodied males at least 17 years of age and, except as provided
in section 313 of title 32, under 45 years of age who are, or
who have made a declaration of intention to become, citizens
of the United States and of female citizens of the United
States who are members of the National Guard. (b) The
classes of the militia are - (1) the organized militia, which
consists of the National Guard and the Naval Militia; and (2)
the unorganized militia, which consists of the members of
the militia who are not members of the National Guard or
the Naval Militia.
National Defense Act of 1916
The National Defense Act of 1916 is the most
important piece of legislation in the history
of the National Guard.[citation needed] It
transformed the militia from individual state
forces into a Reserve Component of the
U.S. Army - and made the term "National
Guard" mandatory. The act stated that all
units would have to be federally recognized,
and that the qualifications for officers would
be set by the War Department. It increased
the number of annual training days to 15,
increased the number of yearly drills to 48,
and authorized pay for drills.
What to do?
Understand the U.S. Constitution.
The Constitution is the Solution DVD series
On a Militia Mission Article from the January 6, 2014
“New American.”
Read the writings of Dr. Edwin Vieira and his speeches
on Youtube.
Make organizing the “unorganized” militia a project of
your group.
To Learn More: