Two Militia Acts were enacted by the

2nd United States Congress The 2nd United States Congress, consisting of the United States Senate and the United States House of Representatives, met at Congress Hall in Philadelphia, Pennsylvania, from March 4, 1791, to March 4, 1793, during the third and fourth year ...

in 1792 that provided for the organization of

militia A militia () is generally an army or some other fighting organization of non-professional soldiers, citizens of a country, or subjects of a state, who may perform military service during a time of need, as opposed to a professional force of r ...

s and empowered the

President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of America. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal gove ...

to take command of the state militias in times of imminent invasion or

insurrection Rebellion, uprising, or insurrection is a refusal of obedience or order. It refers to the open resistance against the orders of an established authority. A rebellion originates from a sentiment of indignation and disapproval of a situation and ...

. The President’s authority had a life of two years, and was invoked to suppress the

Whiskey Rebellion The Whiskey Rebellion (also known as the Whiskey Insurrection) was a violent tax protest in the United States beginning in 1791 and ending in 1794 during the presidency of George Washington. The so-called "whiskey tax" was the first tax impo ...

in 1794. In 1795, Congress enacted the Militia Act of 1795, which mirrored the provisions of the expired 1792 Acts, except that the President’s authority to call out the militias was made permanent. The Militia Act of 1862, enacted during the

American Civil War The American Civil War (April 12, 1861 – May 26, 1865; also known by Names of the American Civil War, other names) was a civil war in the United States. It was fought between the Union (American Civil War), Union ("the North") and t ...

, amended the

conscription Conscription (also called the draft in the United States) is the state-mandated enlistment of people in a national service, mainly a military service. Conscription dates back to Ancient history, antiquity and it continues in some countries to th ...

provision of the 1792 and 1795 acts, which originally applied to every "free able-bodied white male citizen" between the ages of 18 and 45, to allow

African-American African Americans (also referred to as Black Americans and Afro-Americans) are an ethnic group consisting of Americans with partial or total ancestry from sub-Saharan Africa. The term "African American" generally denotes descendants of ensl ...

s to serve in the militias. The new conscription provision applied to all males, regardless of race, between the ages of 18 and 54. The

Militia Act of 1903 The Militia Act of 1903 (), also known as the Efficiency in Militia Act of 1903 or the Dick Act, was legislation enacted by the United States Congress to create an early National Guard and which codified the circumstances under which the Guard co ...

repealed and superseded the Militia Act of 1795 and established the

United States National Guard The National Guard is a state-based military force that becomes part of the reserve components of the United States Army and the United States Air Force when activated for federal missions.''The National Guard: An Illustrated History of America's Citizen-Soldiers''
Washington, D.C.: Brassey's, Inc., 2003, , page 53.

Background

The Militia act's origins can be traced to "An Act for ordering the Forces in the several Counties of this Kingdom" by the English Parliament in 1665. A committee was formed on April 7th 1783, headed by Alexander Hamilton, also including James Madison, to determine what the Military Peace Establishment of the country should be post revolution. Hamilton first presented the committees plan on June 18, just 2 days before what would become known as the

Pennsylvania Mutiny of 1783 The Pennsylvania Mutiny of 1783 (also known as the Philadelphia Mutiny) was an anti-government protest by nearly 400 soldiers of the Continental Army in June 1783. The mutiny, and the refusal of the Executive Council of Pennsylvania to stop i ...

. After Congress reestablished itself in Trenton New Jersey, the committees report was again presented on October 23. It was understood at the time that the President did not have the power under the

Constitution A constitution is the aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed. When these pr ...

on his own authority to call out the militia, and required statutory authorization by

Congress A congress is a formal meeting of the representatives of different countries, constituent states, organizations, trade unions, political parties, or other groups. The term originated in Late Middle English to denote an encounter (meeting of ...

to do so. The Militia Acts were passed following the enormous losses suffered by General

Arthur St. Clair Arthur St. Clair ( – August 31, 1818) was a Scottish-American soldier and politician. Born in Thurso, Scotland, he served in the British Army during the French and Indian War before settling in Pennsylvania, where he held local office. During ...

’s forces at the Battle of the Wabash in 1791, when nearly 1,000 Americans died in battle against the Western Confederacy of American Indians. There was a widespread fear that Indian forces would exploit their victory during the recess of Congress. St. Clair's defeat was blamed in part on the poor organization and equipment of his army. Upon the final required ratification enabling the Second Amendment reaching Congress January 8, 1792, Congress passed the Militia acts that May, the second on the last day before adjournment.

First Militia Act of 1792

The first Militia Act was passed on May 2, 1792, and provided authority to the President to call out militias of the several states, "whenever the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...

shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe". (art. I, ss. 1) The Act also authorized the President to call the militias into federal service "whenever the laws of the United States shall be opposed or the execution thereof obstructed, in any state, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by this act". (art. I, ss. 2) This provision likely referred to uprisings such as

Shays' Rebellion Shays Rebellion was an armed uprising in Western Massachusetts and Worcester in response to a debt crisis among the citizenry and in opposition to the state government's increased efforts to collect taxes both on individuals and their trades. T ...

. The president's authority in both cases was conditional on the President, by proclamation, firstly ordering the insurgents “to disperse, and retire peaceably to their respective abodes, within a limited time.“ The president's authority in both cases was to expire at the end of the session of Congress after two years. By the Militia Act of 1795, Congress re-enacted the provisions of the 1792 Act, except that the President’s authority to call out militias was made permanent.

Second Militia Act of 1792

The second Militia Act of 1792 was passed on May 8, 1792, and provided for the organization of state militias and the

of every "free able-bodied white male citizen" between the ages of 18 and 45: Militia members were required to equip themselves with a

musket A musket is a muzzle-loaded long gun that appeared as a smoothbore weapon in the early 16th century, at first as a heavier variant of the arquebus, capable of penetrating plate armour. By the mid-16th century, this type of musket gradually di ...

bayonet A bayonet (from French ) is a knife, dagger, sword, or spike-shaped weapon designed to fit on the end of the muzzle of a rifle, musket or similar firearm, allowing it to be used as a spear-like weapon.Brayley, Martin, ''Bayonets: An Illustr ...

and belt, two spare flints, a box able to contain not less than 24 suitable cartridges, and a knapsack. Alternatively, everyone enrolled was to provide himself with a

rifle A rifle is a long-barreled firearm designed for accurate shooting, with a barrel that has a helical pattern of grooves ( rifling) cut into the bore wall. In keeping with their focus on accuracy, rifles are typically designed to be held with ...

, a powder horn, ¼ pound of gunpowder, 20 rifle balls, a shot-pouch, and a knapsack. Exemptions applied to some occupations, including congressmen, stagecoach drivers and ferryboatmen. The militias were divided into " divisions,

brigade A brigade is a major tactical military formation that typically comprises three to six battalions plus supporting elements. It is roughly equivalent to an enlarged or reinforced regiment. Two or more brigades may constitute a division. ...

regiment A regiment is a military unit. Its role and size varies markedly, depending on the country, service and/or a specialisation. In Medieval Europe, the term "regiment" denoted any large body of front-line soldiers, recruited or conscript ...

battalion A battalion is a military unit, typically consisting of 300 to 1,200 soldiers commanded by a lieutenant colonel, and subdivided into a number of companies (usually each commanded by a major or a captain). In some countries, battalions ...

s, and companies" as the state legislatures would direct. The provisions of the first Act governing the calling up of the militia by the president in case of invasion or obstruction to law enforcement were continued in the second act. Court martial proceedings were authorized by the statute against militia members who disobeyed orders.

Use and subsequent amendments

George Washington was the first president to call out the militia in 1794 (just before the 1792 act expired) to put down the

in Western Pennsylvania. Washington issued a proclamation on August 7, 1794 that invoked the act and called out 13,000 militiamen to put down the rebellion. Congress passed the Militia Act of 1795, which by and large mirrored the provisions of the expired 1792 Act, but made the president’s authority to call out the militias permanent. The Militia Act of 1808 provided funding for arms and equipment to state militias. The Militia Act of 1795 was in turn amended by the Militia Act of 1862, which allowed

s to serve in the militias. The 1792 and 1795 acts left the question of state versus federal control of the militia unresolved. In consequence, the federal government could not consistently rely on the militias for national defense. For example, during the

War of 1812 The War of 1812 (18 June 1812 – 17 February 1815) was fought by the United States of America and its indigenous allies against the United Kingdom and its allies in British North America, with limited participation by Spain in Florida. It be ...

, members of the

New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * '' ...

militia refused to take part in operations against the British in Canada, arguing that their only responsibility was to defend their home state. On another occasion, the

Governor of Vermont The governor of Vermont is the head of government of Vermont. The officeholder is elected in even-numbered years by direct voting for a term of 2 years. Vermont and bordering New Hampshire are the only states to hold gubernatorial elections every ...

unsuccessfully attempted to recall his state's militia from the defense of Plattsburgh, claiming that it was illegal for them to operate outside

Vermont Vermont () is a U.S. state, state in the northeast New England region of the United States. Vermont is bordered by the states of Massachusetts to the south, New Hampshire to the east, and New York (state), New York to the west, and the Provin ...

. As a result, starting with the War of 1812, the federal government would create "volunteer" units when it needed to expand the size of the regular Army. These volunteer units were not militia, though often they would consist of whole militia units which had volunteered ''en masse'', nor were they part of the regular Army. They did, however, come under direct federal control. This solution was also employed during the

Mexican–American War The Mexican–American War, also known in the United States as the Mexican War and in Mexico as the (''United States intervention in Mexico''), was an armed conflict between the United States and Mexico from 1846 to 1848. It followed the ...

(1846–48), and in the Union Army during the

(1861–65). Some volunteer units were also organized during the

Spanish–American War , partof = the Philippine Revolution, the decolonization of the Americas, and the Cuban War of Independence , image = Collage infobox for Spanish-American War.jpg , image_size = 300px , caption = (clock ...

(1898). The federal government also mobilized several National Guard units which volunteered ''en masse'' and were accepted as volunteer units.New York Times
The Volunteer Army Call: Further Instructions Issued to the Governors of States by the War Department; MODE OF ENLISTMENT GIVEN System for the Enrollment of the National Guard Organizations Much Simpler Than Had Been Supposed; Replies of the Governors
April 27, 1898 The 1795 act was superseded by the

, which established the

United States National Guard The National Guard is a state-based military force that becomes part of the reserve components of the United States Army and the United States Air Force when activated for federal missions.Militia Act of 1808 * Posse Comitatus Act of 1878 *

Military Peace Establishment Act The Military Peace Establishment Act documented and advanced a new set of laws and limits for the U.S. military. It was approved by Congress and signed on March 16, 1802, by President Thomas Jefferson, who was fundamental in its drafting and pro ...

References

External links

Constitution.org's Text of the Militia Act of 1792

The First National Conscription Act
{{George Washington 1792 in American law 18th-century military history of the United States 2nd United States Congress Conscription in the United States Conscription law Individual mandates Presidency of George Washington United States federal defense and national security legislation