Militia (United States)


The militia of the United States, as defined by the U.S. Congress, has changed over time. During colonial America, all able-bodied men of a certain age range were members of the militia, depending on each colony's rule. Individual towns formed local independent militias for their own defense. The year before the U.S. Constitution was ratified, The Federalist Papers detailed the Founding Fathers' paramount vision of the militia in 1787. The new Constitution empowered Congress to "organize, arm, and discipline" this national military force, leaving significant control in the hands of each state government.
Today, as defined by the Militia Act of 1903, the term "militia" is used to describe two classes within the United States:
  • Organized militia – consisting of the National Guard and Naval Militia.
  • Unorganized militia – comprising the reserve militia: every able-bodied man of at least 17 and under 45 years of age, who are not members of the National Guard or the Naval Militia. These are militia that are under control of the State Governors.
Congress chose to organize militias for the interests of organizing reserve military units which were not limited in deployment by the strictures of its power over the constitutional militia, which can be called forth only "to execute the laws of the Union, suppress insurrections and repel invasions."

Etymology

The term "militia" derives from Old English milite meaning soldiers, militisc meaning military and also classical Latin milit-, miles meaning soldier.
The Modern English term militia dates to the year 1590, with the original meaning now obsolete: "the body of soldiers in the service of a sovereign or a state". Subsequently, since approximately 1665, militia has taken the meaning "a military force raised from the civilian population of a country or region, especially to supplement a regular army in an emergency, frequently as distinguished from mercenaries or professional soldiers". The U.S. Supreme Court adopted the following definition for "active militia" from an Illinois Supreme Court case of 1879: " 'a body of citizens trained to military duty, who may be called out in certain cases, but may not be kept on service like standing armies, in times of peace'... when not engaged at stated periods... they return to their usual avocations... and are subject to call when public exigencies demand it."
The spelling millitia is often observed in written and printed materials from the 17th century through the 19th century.

History

Historical background

Historically, there have been three methods used to raise military forces: a militia, a professional military, or conscription. Conscription, or involuntary service and the enforcement mechanisms required, was incompatible with colonial society. A professional or mercenary army carries with it the tremendous expense required to pay and equip personnel and not used. The militia concept, that of a decentralized military body dependent upon an armed population and residing among the people, was suited to the colonial period.

Early Colonial era (1565–1754)

The early colonists of British America considered the militia an important social institution, necessary to provide defense and public safety.
The first muster took place on September 16, 1565, in St. Augustine, Florida, when Spanish governor Pedro Menendez de Aviles assembled approximately 50 citizen-soldiers, thereby establishing the European militia concept on the North American mainland.
In 1643, the Plymouth Colony Court allowed and established a military discipline to be erected and maintained.

French and Indian War (1754–1763)

During the French and Indian Wars, town militia formed a recruiting pool for the Provincial Forces. The legislature of the colony would authorize a certain force level for the season's campaign and set recruitment quotas for each local militia. In theory, militia members could be drafted by lot if there were inadequate forces for the Provincial Regulars; however, the draft was rarely resorted to because provincial regulars were highly paid and rarely engaged in combat.
In September 1755, George Washington, then adjutant-general of the Virginia militia, upon a frustrating and futile attempt to call up the militia to respond to a frontier Indian attack:
... he experienced all the evils of insubordination among the troops, perverseness in the militia, inactivity in the officers, disregard of orders, and reluctance in the civil authorities to render a proper support. And what added to his mortification was, that the laws gave him no power to correct these evils, either by enforcing discipline, or compelling the indolent and refractory to their duty... The militia system was suited for only to times of peace. It provided for calling out men to repel invasion; but the powers granted for effecting it were so limited, as to be almost inoperative.

See New Hampshire Provincial Regiment for a history of a Provincial unit during the French and Indian War.

Pre-American Revolutionary War era (1763–1775)

Just prior to the American Revolutionary War, on October 26, 1774, the Massachusetts Provincial Congress, observing the British military buildup, deemed their militia resources to be insufficient: the troop strength, "including the sick and absent, amounted to about seventeen thousand men... this was far short of the number wanted, that the council recommended an immediate application to the New England governments to make up the deficiency":
... they recommended to the militia to form themselves into companies of minute-men, who should be equipped and prepared to march at the shortest notice. These minute-men were to consist of one quarter of the whole militia, to be enlisted under the direction of the field-officers, and divide into companies, consisting of at least fifty men each. The privates were to choose their captains and subalterns, and these officers were to form the companies into battalions, and chose the field-officers to command the same. Hence the minute-men became a body distinct from the rest of the militia, and, by being more devoted to military exercises, they acquired skill in the use of arms. More attention than formerly was likewise bestowed on the training and drilling of militia.

American Revolutionary War (1775–1783)

The American Revolutionary War began near Boston, Massachusetts with the Battles of Lexington and Concord, in which a group of local militias constituted the American side. On April 19, 1775, a British force 800 strong marched out of Boston to Concord intending to destroy patriot arms and ammunition. At 5:00 in the morning at Lexington, they met about 70 armed militiamen whom they ordered to disperse, but the militiamen refused. Firing ensued; it is not clear which side opened fire. This became known as "the shot heard round the world". Eight militiamen were killed and ten wounded, whereupon the remainder took flight. The British continued on to Concord and were unable to find most of the arms and ammunition of the patriots. As the British marched back toward Boston, patriot militiamen assembled along the route, taking cover behind stone walls, and sniped at the British. At Meriam's Corner in Concord, the British columns had to close in to cross a narrow bridge, exposing themselves to concentrated, deadly fire. The British retreat became a rout. It was only with the help of an additional detachment of 900 troops that the British force managed to return to Boston. This marked the beginning of the war. It was "three days after the affair of Lexington and Concord that any movement was made towards embodying a regular army".
In 1777, the Second Continental Congress adopted the Articles of Confederation, which contained a provision for raising a confederal militia that consent would be required from nine of the 13 States. Article VI of the Articles of Confederation states,
... every State shall always keep up a well-regulated and disciplined militia, sufficiently armed and accoutered, and shall provide and constantly have ready for use, in public stores, a due number of field pieces and tents, and a proper quantity of arms, ammunition and camp equipage.

Some militia units appeared without adequate arms, as evidenced in this letter from John Adams to his wife, dated August 26, 1777:
The militia are turning out with great alacrity both in Maryland and Pennsylvania. They are distressed for want of arms. Many have none, we shall rake and scrape enough to do Howe's business, by favor of the Heaven.

The initial enthusiasm of Patriot militiamen in the beginning days of the war soon waned. The historian Garry Wills explains,
The fervor of the early days in the reorganized militias wore off in the long grind of an eight-year war. Now the right to elect their own officers was used to demand that the men not serve away from their state. Men evaded service, bought substitutes to go for them as in the old days, and had to be bribed with higher and higher bounties to join the effort – which is why Jefferson and Samuel Adams called them so expensive. As wartime inflation devalued the currency, other pledges had to be offered, including land grants and the promise of "a healthy slave" at the end of the war. Some men would take a bounty and not show up. Or they would show up for a while, desert, and then, when they felt the need for another bounty, sign up again in a different place.... This practice was common enough to have its own technical term – "bounty jumping".

The burden of waging war passed to a large extent to the standing army, the Continental Army. The stay-at-home militia tended then to perform the role of the internal police to keep order. British forces sought to disrupt American communities by instigating slave rebellions and Indian raids. The militia fended off these threats. Militias also spied on Loyalists in the American communities. In Albany County, New York, the militia established a Committee for Detecting and Defeating Conspiracies to look out for and investigate people with suspicious allegiances.