Make your own free website on Tripod.com

WHAT IS THE MILITIA

Home
10 THINGS TO DO NOW
10 MORE THINGS TO DO NOW
50 WAYS TO PREPARE FOR SURVIVAL
54 GRUNT TIPS & TACTICS FOR YOUR TOOLBOX WHEN THE SHTF
72 HOUR DISASTER KIT
100 MOST IMPORTANT ITEMS YOU WILL NEED WHEN THE SHIT HITS THE FAN
A MAGIC BULLET WILL BE NEEDED TO KILL THE 17TH AMENDMENT
ACTIVE SHOOTER TRAINING FOR CITIZENS
AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES OF AMERICA
BASIC EMERGENCY SUPPLY LIST WITH BUG-OUT VEHICLE INFORMATION
BOWHUNTING CHECKLIST
BUG-OUT-BAG (B.O.B.)
CERT DISASTER RESPONSE GEAR AND PACKING LIST
COMBAT LEADER'S HANDBOOK PART 1
COMBAT LEADER'S HANDBOOK PART 2
COMBAT PATROLS
COMMITTEE OF SAFETY - COMMON LAW COURT
COMMITTEE OF SAFETY -THE END OF THE REVOLUTION AND THE BEGINNING OF INDEPENDENCE
COMMITTEE OF SAFETY - THE PLAN FOR THE RESTORATION OF CONSTITUTIONAL GOVERNMENT
COMMUNICATIONS
CONSTITUTIONAL CONVENTIONS - WHY THEY WILL NOT WORK
COVER, CONCEALMENT AND CAMOUFLAGE
CLOSE QUARTERS BATTLE - TIRE IRON STYLE
CROSSING A LINEAR DANGER AREA - TIRE IRON STYLE
DANGER AREA TACTICS
THREAT LEVEL AND DEPLOYMENT STATUS
DISASTER PREPAREDNESS GUIDES
FIELD GEAR PACKING LIST INCLUDING FIELD STOVES AND FUEL
FIGHTING POSITIONS
FILE DOWNLOAD AREA
FIREMEN
FIRE STARTING AND TINDER OPTIONS
FOOD - 3 & 6 DAY SAMPLE MENU'S
FOOD - BACK COUNTRY COOKING INFORMATION AND RECIPIES
FOOD - BACKPACKING NUTRITION INFORMATION
SPICES TO STOCK UP ON
FOOD - EDIBLE AND MEDICINAL PLANTS
FOOD - EDIBLE WILD FOODS
FOOD - LOW MAINTENANCE ANIMALS THAT WORK FOR YOU: CHICKENS, RABBITS AND GOATS
FOOD - MILITIA COOKBOOK AND MORE RECIPIES
FOOD - STORAGE AND SUPPLIES
FOOD - THE SURVIVAL FOOD PYRAMID
FREEDOM FROM WAR BY PRESIDENT JOHN KENNEDY TO THE UNITED NATIONS - 1961
GRUB & GEAR - LESSONS LEARNED FROM AN ALASKAN TRAPPER
HAND & ARM SIGNALS
HAZARDS AND DISASTERS THAT CAN HAPPEN IN MAINE
HOW TO TELL THE DIFFERENCE BETWEEN A LIBERAL AND A CONSERVATIVE
HURRICANE PREPAREDNESS INFORMATION
IMMEDIATE ACTION DRILLS (ACTIONS ON ENEMY CONTACT)
INITIAL ENTRY TRAINING
ISRAELI STREET FIGHTING TIPS
LAND NAVIGATION
LINKS OF INTEREST
MAP READING
MEDICAL - A DOCTOR'S THOUGHTS ON ANTIBIOTICS, EXPIRATION DATES, AND TEOTWAWKI
MEDICAL - BLOOD TYPE COMPATABILITY CHART
MEDICAL - COMBAT LIFESAVERS MEDICAL BAG
MEDICAL - COMBAT LIFESAVER TRAINING MATERIALS
MEDICAL - CRYPTOSPORIDIUM INFECTION AND TREATMENT
MEDICAL - DIY WATER FILTERS AND OTHER PURIFICATION METHODS FOR FIELD USE
MEDICAL - FIRST AID TRAINING STANDARDS FOR THE MILITIA MEMBER
MEDICAL - GIARDIA INFECTION AND TREATMENT
MEDICAL - HEAT INDEX CHART
MEDICAL - HERBAL MEDICINE FOR PREPPERS
MEDICAL - INSERTING AN ORAL AIRWAY
MEDICAL - IV THERAPY
MEDICAL - MEDICINE AND NURSING DISCUSSION
MEDICAL - MEDICINE AND SECURITY DISCUSSION
MEDICAL - MILITIA MEDIC TRAINING SUBJECTS
MEDICAL - PLANTS FOR MEDICINE
MEDICAL - PSYCH NURSING DISCUSSION
MEDICAL - RANGER FIRST RESPONDER TRAINING SLIDES
MEDICAL - TACTICAL & LONG RANGE MEDICAL GUIDELINES
MEDICAL - TACTICAL MEDICAL KIT
MEDICAL - THE MEDIC CODE
MEDICAL - TRAUMA DISCUSSION
MEDICAL - TRAUMA FOCUSED INDIVIDUAL TRAINING SLIDES & TACTICAL COMBAT CASUALTY CARE
MEDICAL - WATER INTAKE REQUIREMENTS TO PREVENT HEAT INJURIES AND DEHYDRATION
MEDICAL - WINDCHILL CHART
MISSION PLANNING: Step 1 Strategic goals
MISSION PLANNING: Step 2 Missions and the SG's
MISSION PLANNING: Step 3 Tactical Planning an overview
MISSION PLANNING: Step 4 Warning Order Part 1
MISSION PLANNING: Step 5 SMEAC
MISSION PLANNING: Step 6 Mission Statement
MISSION PLANNING: Step 7
MISSION PLANNING: Step 8 Finalized Situation Report.
MISSION PLANNING: Step 9 The meat of the whole deal - EXECUTION
MISSION PLANNING: Step 9a The general make up of the team
MISSION PLANNING: Step 9b Planning for the HOME Team deployment
MISSION PLANNING: Step 9b (a) LR Execution
MISSION PLANNING: Step 9c Home Team Insertions
MOUNTED LAND NAVIGATION
MOVEMENT TECHNIQUES
NAVIGATION IN DIFFERENT TYPE OF TERRAIN
OBSERVATION POSTS AND SCANNING
PATROL BASES
PATROL PLANNING CONSIDERATIONS
PATROLLING 101 - TIRE IRON STYLE
POISONOUS PLANTS
PROCEEDINGS OF COMMISSIONERS TO REMEDY DEFECTS OF THE FEDERAL GOVERNMENT : 1786
RECONNISSANCE PATROLS
ROBERT ROGER'S STANDING ORDERS
RON PAUL AND THE MILITIA
SEARCH AND RESCUE - FEMA TYPE RATING
SEARCH AND RESCUE - WINTER OPERATIONS EQUIPMENT LIST
SURVIVAL
SURVIVAL FOR OMNIVORES, VEGETARIANS, AND VEGANS
SURVIVAL GARDENING
SURVIVAL IN THE CITY
TEAM FORMATIONS - FM 7-8 STYLE
TEAM FORMATIONS - TIRE IRON STYLE
THE ANTI-FEDERALIST PAPERS 1-17
THE ANTI-FEDERALIST PAPERS 18-34
THE ANTI-FEDERALIST PAPERS 35-51
THE ANTI-FEDERALIST PAPERS 52-68
THE ANTI-FEDERALIST PAPERS 69-85
THE ART OF WAR - Part I - Laying Plans
THE ART OF WAR - Part II - Waging War
THE ART OF WAR - Part III - Attack By Stratagem
THE ART OF WAR - Part IV - Tactical Dispositions
THE ART OF WAR - Part V - Energy
THE ART OF WAR - Part VI - Weak Points and Strong
THE ART OF WAR - Part VII - Maneuvering
THE ART OF WAR - Part VIII - Variation in Tactics
THE ART OF WAR - Part IX - The Army on the March
THE ART OF WAR - Part X - Terrain
THE ART OF WAR - Part XI - The Nine Situations
THE ART OF WAR - Part XII - The Attack by Fire
THE ART OF WAR - Part XIII - The Use of Spies
THE ARTICLES OF CONFEDERATION: MARCH 1, 1781
THE BILL OF RIGHTS
THE CONSTITUTION OF THE UNITED STATES
THE DECLARATION OF INDEPENDENCE
THE FEDERALIST PAPERS - The Importance of the Union (1-14)
THE FEDERALIST PAPERS - Defects of the Articles of Confederation (15-22)
THE FEDERALIST PAPERS - Arguments for the Type of Government Contained in the Constitution (23-36)
THE FEDERALIST PAPERS - The Republican Form of Government (37-51)
THE FEDERALIST PAPERS - The Legislative Branch (52-66)
THE FEDERALIST PAPERS - The Executive Branch (67-77)
THE FEDERALIST PAPERS - The Judicial Branch (78-83)
THE FEDERALIST PAPERS - Conclusions and Miscellaneous Ideas (84-85)
THE MYTH OF POSSE COMITATUS ACT OF 1878
TRACKING PATROL
URBAN OPERATIONS
WEAPONS OF MASS DESTRUCTION QUICK REFERENCE GUIDE
WEAPONS QUALIFICATION
WHAT IS THE MILITIA
WRITTEN EXAMS
YouHaveTreadOnMe - Radio Show

The role of militia, also known as military service and duty, in the United States is complex and has transformed over time. The term militia can be used to describe any number of groups within the United States. Types of militia within modern US:

  • The organized militia created by the Militia Act of 1903, which split from the 1792 Uniform Militia forces, and consist of State militia forces, notably the National Guard and the Naval Militia. The National Guard however, is not to be confused with the National Guard of the United States, which is a federally recognized reserve military force, although the two are linked.
  • The reserve militia or unorganized militia, also created by the Militia Act of 1903 which presently consist of every able-bodied man of at least 17 and under 45 years of age who are not members of the National Guard or Naval Militia. (that is, anyone who would be eligible for the draft)
  • A select militia is composed of a small, non-representative portion of the population, often politicized.
  • Private militia forces, which are made up of non-officially organized individuals who have formed paramilitary organizations based on their own interpretation of the concept of the militia.

Organized militia

The Organized Militia is The Armed Forces of The State. Each State has 2 Mandatory Forces which are: The Army National Guard & The Air National Guard. These are both State & Federal Forces, which at any point can be called up by The President of The United States. Many States also have State Defense Forces and a Naval Militia, which assist, support and augment National Guard Forces.

NATIONAL GUARD

The National Guard (or National Guard of a State) differs from the National Guard of the United States however the two do go hand-in-hand.

The National Guard is a militia force organized by each of the several states and territories of the United States. Established under Title 10 and Title 32 of the U.S. Code, state National Guard serves as part of the first-line defense for the United States. The state National Guard is divided up into units stationed in each of the 50 states and U.S. territories and operates under their respective state governor or territorial government. The National Guard may be called up for active duty by the state governors or territorial commanding generals to help respond to domestic emergencies and disasters, such as those caused by hurricanes, floods, and earthquakes.

The National Guard of the United States is a military reserve force composed of state National Guard members or units under federally recognized active or inactive armed force service for the United States. Created by the Militia Act of 1903, the National Guard of the United States is a joint reserve component of the United States Army and the United States Air Force. The National Guard of the United States maintains two subcomponents: the Army National Guard of the United States for the Army and the Air Force's Air National Guard of the United States.

The current United States Code, Title 10 (Armed forces), section 311 (Militia: Composition and Classes), paragraph (a) states: "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."Section 313 of Title 32 refers to persons with prior military experience who could serve as officers. These persons remain members of the militia until age 64. Paragraph (b) further states, "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."

The National Guard of the United States is the largest of the organized federal reserve military forces in the United States. The National Guard of the United States is classified (under title 10, United States Code (see above) as the organized federal reserve military force Under federal control, the National Guard of the United States can be called up for active duty by the President of the United States. Since the 2003 Invasion of Iraq, many National Guard units have served overseas (under the Total Force Policy of 1973 which effectively combined the National Guard with the armed forces making them regular troops.) This can lead to problems for states that also face internal emergencies while the Guard is deployed overseas. To address such issues, many of the states, such as New York and Maryland also have organized state "militia" forces or State Guards which are under the control of the governor of a state, however many of these "militia" also act as a reserve for the National Guard and are thus a part of it (varies from state to state depending on individual state statutory laws). New York and Ohio also have active naval militias, and a few other states have on-call or proposed ones. In 1990, the United States Supreme Court ruled in the case of Perpich v. Department of Defense that the Federal government has plenary power over the National Guard, and greatly reduced (to the point of nonexistence) the state government's ability to withhold consent to Federal deployments and training missions of the National Guard.

STATE DEFENSE FORCES Since the Militia Act of 1903 Many States have created and maintained a Reserve Military Force known as The State Defense Forces (Some States refer to them as State Military Reserve, State Guard, or Foot Guard). They were created to assist, support and augment National Guard forces during peacetime conditions. Also during the call up of National Guard forces for wartime deployments, State Defense Forces were to assume the full military responsibilities of the State. They were charged with the defense of the State and the enforcement of military orders.

Throughout the 20th Century, State Defense Forces were used in every major war. New York Guard Soldiers patrolled and secured The Water Aqueduct of New York, Mass Transit Areas, and were even deployed to France to assist in Logistical operations in World War 1. Texas State Guard Soldiers supressed a riot and maintained peace and order in Texas throughout World War 2.

These forces trained with rifles, pistols, & crew served weapons, however since the 1980's State Defense Forces have been been increasingly disarmed due to legal liability purposes.

Today State Defense Forces continue to assist, support and augment The National Guard of The State. They provide logistical, administration, medical, transportation, security, & ceremonial assistance. Some States have provided additional support such as The New York State Defense Force (New York Guard) providing its Soldiers to help support and augment The National Guard CERFP Team. The California State Military Reserve provides The National Guard with Soldiers to assist with Military Police training and The Alaska State Defense Force constantly provides Armed Military Police troops to assist with the Security of Alaska.

The reserve militia/unorganized militia

All able bodied men, 17 to 45 of age, are ultimately eligible to be called up into military service and belong to the class known as the Reserve Militia, also known as the unorganized militia. Able bodied men who are not eligible for inclusion in the unorganized militia pool are those aliens not having declared their intent to become citizens of the United States (10 USC 311) and former regular component veterans of the armed forces who have reached the age of 64 (32 USC 313). All female citizens who are members of National Guard units are also included in the unorganized militia pool (10 USC 311).

Other persons who are exempt from call to duty (10 USC 312) and are not therefore in the unorganized militia pool include:

  • The Vice President (also constitutionally the President of the Senate, that body which confirms the appointment of senior armed forces officers made by the Commander in Chief).
  • The judicial and executive officers of the United States, the several States and Territories, and Puerto Rico.
  • Members of the armed forces, except members who are not on active duty.
  • Customhouse clerks.
  • Persons employed by the United States in the transmission of mail.
  • Workmen employed in armories, arsenals, and naval shipyards of the United States.
  • Pilots on navigable waters.
  • Mariners in the sea service of a citizen of, or a merchant in, the United States.

Many individual states have additional statutes describing their residents as part of the state militia; for example Washington law specifies all able-bodied citizens or intended citizens over the age of eighteen as members of the state militia, as explicitly distinct from the National Guard and Washington State Guard.

STATUTORY AUTHORITY FOR THE MILITIA:

UNITED STATES CONSTITUTION: AMENDMENT II

"A well-regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.

TITLE 10 > Subtitle A > PART I > CHAPTER 13 >  311

 

 311. Militia: composition and classes

 

(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.

 

311. Militia: composition and classes

Title 10 of the US Code as currently published by the US Government reflects the laws passed by Congress as of Jan. 3, 2007, and it is this version that is published here.

 

TITLE 10 > Subtitle A > PART I > CHAPTER 13 >  312

 

Sec. 312. Militia duty: exemptions

 

-STATUTE-

      (a) The following persons are exempt from militia duty:

        (1) The Vice President.

        (2) The judicial and executive officers of the United States, the several States, the Commonwealth of Puerto Rico, Guam, and the Virgin Islands.

(3) Members of the armed forces, except members who are not on active duty.

        (4) Customhouse clerks.

        (5) Persons employed by the United States in the   transmission of mail.

(6) Workmen employed in armories, arsenals, and naval shipyards of the United States.

        (7) Pilots on navigable waters.

        (8) Mariners in the sea service of a citizen of, or a merchant in, the United States.

 

      (b) A person who claims exemption because of religious belief is exempt from militia duty in a combatant capacity, if the conscientious holding of that belief is established under such regulations as the President may prescribe. However, such a person

is not exempt from militia duty that the President determines to be noncombatant.

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, it shall be lawful for the President of the United States, on application of the legislature of such state, or of the executive (when the legislature cannot be convened) to call forth such number of the militia of any other state or states, as may be applied for, or as he may judge sufficient to suppress such insurrection.

Sec. 2. And be it further enacted, That 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, the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session.

Sec. 3. Provided always, and be it further enacted, That whenever it may be necessary, in the judgment of the President, to use the military force hereby directed to be called forth, the President shall forthwith, and previous thereto, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time.

Sec. 4. And be it further enacted, That the militia employed in the service of the United States, shall receive the same pay and allowances, as the troops of the United States, who may be in service at the same time, or who were last in service, and shall be subject to the same rules and articles of war: And that no officer, non-commissioned officer or private of the militia shall be compelled to serve more than three months in any one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which be belongs.

Sec. 5. And be it further enacted, That every officer, non-commissioned officer or private of the militia, who shall fail to obey the orders of the President of the United States in any of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court martial; and such officers shall, moreover, be liable to be cashiered by sentence of a court martial: and such non-commissioned officers and privates shall be liable to be imprisoned by the like sentence, or failure of payment of the fines adjudged against them, for the space of one calendar month for every five dollars of such fine.

Sec. 6. And be it further enacted, That court martial for the trial of militia be composed of militia officers only.

Sec. 7. And be it further enacted, That all fines to be assessed, as aforesaid, shall be certified by the presiding officer of the court martial before whom the same shall be assessed, to the marshal of the district, in which the delinquent shall reside, or to one of his deputies; and also the supervisor of the revenue of the same district, who shall record the said certificate in a book to be kept for that purpose. The said marshal or his deputy shall forthwith proceed to levy the said fines with costs, by distress and sale of the goods and chattels of the delinquent, which costs and manner of proceeding, with respect to the sale of the goods distrained, shall be agreeable to the laws of the state, in which the same shall be, in other cases of distress; and where any non-commissioned officer or private shall be adjudged to suffer imprisonment, there being no goods or chattels to be found, whereof to levy the said fines, the marshal of the district or his deputy may commit such delinquent to gaol, during the term, for which he shall be so adjudged to imprisonment, or until the fine shall be paid, in the same manner as other persons condemned to fine and imprisonment at the suit of the United States, may be committed.

Sec. 8. And be it further enacted, That the marshals and their deputies shall pay all such fines by them levied to the supervisor of the revenue, in the district in which they are collected, within two months after they shall have received the same, deducting therefrom five per centum, as a compensation for their trouble; and in case of failure, the same shall be recoverable by action of debt or information in any court of the United States, of the district, in which such fines shall be levied, having cognizance therefor, to be sued for, prosecuted and recovered, in the name of the supervisor of the district, with interest and costs.

Sec. 9. And be it further enacted, That the marshals of the several districts and deputies, shall have the same powers in executing the laws of the United States, as sheriffs, and their deputies in the several states have by law, in executing the laws of their respective states.

Sec. 10. And be it further enacted, That this act shall continue and be in force, for and during the term of two years, and from thence to the end of the next session of Congress thereafter, and no longer.

APPROVED, May 2, 1792.


The Militia Act of 1792, Passed May 8, 1792, providing federal standards for the organization of the Militia.

An ACT more effectually to provide for the National Defence, by establishing an Uniform Militia throughout the United States.

I. Be it enacted by the Senate and House of Representatives of the United States of America, in Congress assembled, That each and every free able-bodied white male citizen of the respective States, resident therein, who is or shall be of age of eighteen years, and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia, by the Captain or Commanding Officer of the company, within whose bounds such citizen shall reside, and that within twelve months after the passing of this Act. And it shall at all time hereafter be the duty of every such Captain or Commanding Officer of a company, to enroll every such citizen as aforesaid, and also those who shall, from time to time, arrive at the age of 18 years, or being at the age of 18 years, and under the age of 45 years (except as before excepted) shall come to reside within his bounds; and shall without delay notify such citizen of the said enrollment, by the proper non-commissioned Officer of the company, by whom such notice may be proved. That every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock, a sufficient bayonet and belt, two spare flints, and a knapsack, a pouch, with a box therein, to contain not less than twenty four cartridges, suited to the bore of his musket or firelock, each cartridge to contain a proper quantity of powder and ball; or with a good rifle, knapsack, shot-pouch, and powder-horn, twenty balls suited to the bore of his rifle, and a quarter of a pound of powder; and shall appear so armed, accoutred and provided, when called out to exercise or into service, except, that when called out on company days to exercise only, he may appear without a knapsack. That the commissioned Officers shall severally be armed with a sword or hanger, and espontoon; and that from and after five years from the passing of this Act, all muskets from arming the militia as is herein required, shall be of bores sufficient for balls of the eighteenth part of a pound; and every citizen so enrolled, and providing himself with the arms, ammunition and accoutrements, required as aforesaid, shall hold the same exempted from all suits, distresses, executions or sales, for debt or for the payment of taxes.

II. And be it further enacted, That the Vice-President of the United States, the Officers, judicial and executives, of the government of the United States; the members of both houses of Congress, and their respective officers; all custom house officers, with the clerks; all post officers, and stage-drivers who are employed in the care and conveyance of the mail of the post office of the United States; all Ferrymen employed at any ferry on the post road; all inspectors of exports; all pilots, all mariners actually employed in the sea service of any citizen or merchant within the United States; and all persons who now are or may be hereafter exempted by the laws of the respective states, shall be and are hereby exempted from militia duty, notwithstanding their being above the age of eighteen and under the age of forty-five years.

III. And be it further enacted, That within one year after the passing of the Act, the militia of the respective states shall be arranged into divisions, brigades, regiments, battalions, and companies, as the legislature of each state shall direct; and each division, brigade, and regiment, shall be numbered at the formation thereof; and a record made of such numbers of the Adjutant-General's office in the state; and when in the field, or in serviced in the state, such division, brigade, and regiment shall, respectively, take rank according to their numbers, reckoning the first and lowest number highest in rank. That if the same be convenient, each brigade shall consist of four regiments; each regiment or two battalions; each battalion of five companies; each company of sixty-four privates. That the said militia shall be officered by the respective states, as follows: To each division on Major-General, with two Aids-de-camp, with the rank of major; to each brigade, one brigadier-major, with the rank of a major; to each company, one captain, one lieutenant, one ensign, four serjeants, four corporals, one drummer, and one fifer and bugler. That there shall be a regimental staff, to consist of one adjutant, and one quartermaster, to rank as lieutenants; one paymaster; one surgeon, and one surgeon's mate; one serjeant-major; one drum- major, and one fife-major.

IV. And be it further enacted, That out of the militia enrolled as is herein directed, there shall be formed for each battalion, as least one company of grenadiers, light infantry or riflemen; and that each division there shall be, at least, one company of artillery, and one troop of horse: There shall be to each company of artillery, one captain, two lieutenants, four serjeants, four corporals, six gunners, six bombardiers, one drummer, and one fifer. The officers to be armed with a sword or hanger, a fusee, bayonet and belt, with a cartridge box to contain twelve cartridges; and each private of matoss shall furnish themselves with good horses of at least fourteen hands and an half high, and to be armed with a sword and pair of pistols, the holsters of which to be covered with bearskin caps. Each dragoon to furnish himself with a serviceable horse, at least fourteen hands and an half high, a good saddle, bridle, mail-pillion and valise, holster, and a best plate and crupper, a pair of boots and spurs; a pair of pistols, a sabre, and a cartouchbox to contain twelve cartridges for pistols. That each company of artillery and troop of house shall be formed of volunteers from the brigade, at the discretion of the Commander in Chief of the State, not exceeding one company of each to a regiment, nor more in number than one eleventh part of the infantry, and shall be uniformly clothed in raiments, to be furnished at their expense, the colour and fashion to be determined by the Brigadier commanding the brigade to which they belong.

V. And be it further enacted, That each battalion and regiment shall be provided with the state and regimental colours by the Field-Officers, and each company with a drum and fife or bugle-horn, by the commissioned officers of the company, in such manner as the legislature of the respective States shall direct.

VI. And be it further enacted, That there shall be an adjutant general appointed in each state, whose duty it shall be to distribute all orders for the Commander in Chief of the State to the several corps; to attend all publick reviews, when the Commander in Chief of the State shall review the militia, or any part thereof; to obey all orders from him relative to carrying into execution, and perfecting, the system of military discipline established by this Act; to furnish blank forms of different returns that may be required; and to explain the principles of which they should be made; to receive from the several officers of the different corps throughout the state, returns of the militia under their command, reporting the actual situation of their arms, accoutrements, and ammunition, their delinquencies, and every other thing which relates to the general advancement of good order and discipline: All which, the several officers of the division, brigades, regiments, and battalions are hereby required to make in the usual manner, so that the said adjutant general may be duly furnished therewith: From all which returns be shall make proper abstracts, and by the same annually before the Commander in Chief of the State.

VII. And be it further enacted, That the rules of discipline, approved and established by Congress, in their resolution of the twenty-ninth of March, 1779, shall be the rules of discipline so be observed by the militia throughout the United States, except such deviations from the said rules, as may be rendered necessary by the requisitions of the Act, or by some other unavoidable circumstances. It shall be the duty of the Commanding Officer as every muster, whether by battalion, regiment, or single company, to cause the militia to be exercised and trained, agreeably to the said rules of said discipline.

VIII. And be it further enacted, That all commissioned officers shall take rank according to the date of their commissions; and when two of the same grade bear an equal date, then their rank to be determined by lots, to be drawn by them before the Commanding officers of the brigade, regiment, battalion, company or detachment.

IX. And be it further enacted That if any person whether officer or solder, belonging to the militia of any state, and called out into the service of the United States, be wounded or disabled, while in actual service, he shall be taken care of an provided for at the publick expense.

X. And be it further enacted, That it shall be the duty of the brigade inspector, to attend the regimental and battalion meeting of the militia composing their several brigades, during the time of their being under arms, to inspect their arms, ammunition and accoutrements; superintend their exercise and maneuvres and introduce the system of military discipline before described, throughout the brigade, agreeable to law, and such orders as they shall from time to time receive from the commander in Chief of the State; to make returns to the adjutant general of the state at least once in every year, of the militia of the brigade to which he belongs, reporting therein the actual situation of the arms, accoutrement, and ammunition, of the several corps, and every other thing which, in his judgment, may relate to their government and general advancement of good order and military disciple; an adjutant general shall make a return of all militia of the state, to the Commander in Chief of the said state, and a duplicate of the same to the president of the United States.

And whereas sundry corps of artillery, cavalry and infantry now exist in several of the said states, which by the laws, customs, or usages thereof, have not been incorporated with, or subject to the general regulation of the militia.

XI. Be it enacted, That such corps retain their accustomed privileges subject, nevertheless, to all other duties required by this Act, in like manner with the other militias.

[Act of February 28, 1795, made small revisions in Sections 2, 4, 5, and 10 of Act of May 2, 1792. The 1795 act was the authority for ruling in Houston v. Moore, 1820. Other revisions were enacted April 18, 1814]

Sec. 2. And be it further enacted, That 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, [words requiring notification by an associate justice or district judge were omitted in 1795 revision. The revision gave the President more authority] the same being notified to the President of the United States, by an associate justice or the district judge, it shall be lawful for the President of the United States to call forth the militia of such state to suppress such combinations, and to cause the laws to be duly executed. And if the militia of a state, where such combinations may happen, shall refuse, or be insufficient to suppress the same, it shall be lawful for the President, if the legislature of the United States be not in session, to call forth and employ such numbers of the militia of any other state or states most convenient thereto, as may be necessary, and the use of militia, so to be called forth, may be continued, if necessary, until the expiration of thirty days after the commencement of the ensuing session.

Sec. 4. And be it further enacted, That the militia employed in the service of the United States, shall receive the same pay and allowances, as the troops of the United States, [omitted in 1795: "who may be in service at the same time, or who were last in service, and shall be subject to the same rules and articles of war"]: And that no officer, non-commissioned officer or private of the militia shall be compelled to serve more than three months in any one year, nor more than in due rotation with every other able-bodied man of the same rank in the battalion to which be belongs.

Sec. 5. And be it further enacted, That every officer, non-commissioned officer or private of the militia, who shall fail to obey the orders of the President of the United States in any of the cases before recited, shall forfeit a sum not exceeding one year's pay, and not less than one month's pay, to be determined and adjudged by a court martial; and such officers shall, moreover, be liable to be cashiered by sentence of a court martial: [words added in 1795:] and be incapacitated from holding a commission in the militia, for a term not exceeding twelve months, at the discretion of the said court: and such non-commissioned officers and privates shall be liable to be imprisoned by the like sentence, or failure of payment of the fines adjudged against them, for the space of one calendar month for every five dollars of such fine.

Sec. 10. [revised to read:] And be it further enacted, That the act, intitled "Act to provide for calling forth the militia, to execute the laws of Union, suppress insurrections, and repel invasions," passed the second day of May one thousand seven hundred and ninety-two, shall be, and the same is hereby repealed.

APPROVED, February 28, 1795.

The Militia Act of 1862

CHAP. CCI.–An Act to amend the Act calling forth the Militia to execute the Laws of the Union, suppress Insurrections, and repel Invasions, approved February twenty-eight, seventeen hundred and ninety-five, and the Acts amendatory thereof, and for other Purposes.
. . . .
SEC. 12. And be it further enacted, That the President be, and he is hereby, authorized to receive into the service of the United States, for the purpose of constructing intrenchments, or performing camp service or any other labor, or any military or naval service for which they may be found competent, persons of African descent, and such persons shall be enrolled and organized under such regulations, not inconsistent with the Constitution and laws, as the President may prescribe.
SEC. 13. And be it further enacted, That when any man or boy of African descent, who by the laws of any State shall owe service or labor to any person who, during the present rebellion, has levied war or has borne arms against the United States, or adhered to their enemies by giving them aid and comfort, shall render any such service as is provided for in this act, he, his mother and his wife and children, shall forever thereafter be free, any law, usage, or custom whatsoever to the contrary notwithstanding: Provided, That the mother, wife and children of such man or boy of African descent shall not be made free by the operation of this act except where such mother, wife or children owe service or labor to some person who, during the present rebellion, has borne arms against the United States or adhered to their enemies by giving them aid and comfort.
SEC. 14. And be it further enacted, That the expenses incurred to carry this act into effect shall be paid out of the general appropriation for the army and volunteers.
SEC. 15. And be it further enacted, That all persons who have been or shall be hereafter enrolled in the service of the United States under this act shall receive the pay and rations now allowed by law to soldiers, according to their respective grades: Provided, That persons of African descent, who under this law shall be employed, shall receive ten dollars per month and one ration, three dollars of which monthly pay may be in clothing.
. . . .

APPROVED, July 17, 1862.

Militia Act of 1903

The Militia Act of 1903, also known as the Dick Act, was the result of a program of reform and reorganization in the military establishment initiated by United States Secretary of War Elihu Root following the Spanish-American War of 1898 after the war demonstrated weaknesses in the militia, and in the entire United States military.

United States Senator Charles Dick, a Major General in the Ohio National Guard, sponsored the 1903 act, which gave Federal status to the militia. Under this legislation the organized militia of the States was required to conform to Regular Army organization within five years. The act also required National Guard units to attend 24 drills and five days annual training a year, and, for the first time, provided for pay for annual training. In return for the increased Federal funding which the act made available, militia units were subject to inspection by Regular Army officers, and had to meet certain standards.

The increase in Federal funding was an important development. In 1808 Congress had allocated $200,000 a year to arm the militia; by 1887, the figure had risen to only $400,000. But in 1906, three years after the passage of the Dick Act, $2,000,000 was allocated to arm the militia; between 1903 and 1916, the Federal government spent $53,000,000 on the Guard, more than the total of the previous hundred years.

With the increase in Federal funding came an increase in paperwork and bureaucracy. Before the passage of the Dick Act, militia affairs had been handled by the various bureaus of the War Department, as the subject dictated. But the 1903 act authorized, for the first time, the creation of a separate section responsible for National Guard affairs. Located in the Miscellaneous Division of the Adjutant General's office, this small section, headed by Major James Parker, Cavalry, with four clerks, was the predecessor of today's National Guard Bureau.

This section remained under the supervision of the Adjutant General's Office until War Department Orders on February 12, 1908 created the Division of Militia Affairs in the Office of the Secretary of War. The act also provided for "necessary clerical and official expense of the Division of Militia Affairs." Lieutenant Colonel Erasmus M. Weaver, Coast Artillery Corps, assumed duties as the division's first Chief. An increasing volume of business meant more personnel, and the four clerks had by this time increased to 15.

The Division remained a part of the Office of the Secretary of War until July 25, 1910 when the Chief was directed to report directly to the Army Chief of Staff. The Division continued to perform under the direct jurisdiction of the Chief of Staff until the passage of the National Defense Act of June 3, 1916. Then the Division of Militia Affairs became the Militia Bureau of the War Department, under the direct supervision of the Secretary of War.

FOR LIKE MINDED PATRIOTS WHO WANT TO SURVIVE ANY AND ALL SITUATIONS THAT THEY MAY FACE.