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44-732: The National Guard and the state defense forces both trace their roots to the state militias which made up the majority of the United States Armed Forces prior to the implementation of the Militia Act of 1903 and the subsequent creation of the modern National Guard of the United States as a federal reserve force. The first militia in Hawaii was the Honolulu Rifles , composed of non-native Hawaiians, which

88-619: A life of two years and was invoked to suppress the Whiskey Rebellion 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 , amended the conscription provision of the 1792 and 1795 acts, which originally applied to every "free able-bodied white male citizen" between

132-591: A mobilization the National Guard had to be federalized before the Army could organize volunteer units. 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. The National Defense Act of 1916 , as part of the mobilization prior to U.S. entry into World War I , increased

176-435: 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

220-461: 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 ... Militia members were required to equip themselves with a musket , bayonet and belt, two spare flints, a box able to contain not less than 24 suitable cartridges , and a knapsack. Alternatively, everyone enrolled

264-698: The Efficiency in Militia Act of 1903 or the Dick Act , was legislation enacted by the United States Congress to create what would become the modern National Guard from a subset of the militia, and codify the circumstances under which the Guard could be federalized. It also provided federal funds to pay for equipment and training, including annual summer encampments. The new National Guard

308-735: The Mexico–United States border during the Pancho Villa Expedition . In addition, National Guard units were federalized and deployed overseas during World War I . The improvements to the Army–National Guard relationship, the improvements to National Guard training and readiness, and the National Guard's successful service during the Villa Expedition and the First World War brought about by

352-504: The Militia Act of 1862 , which allowed African-Americans to serve in the militias. The 1792 and 1795 acts left the question of state versus federal militia control unresolved. Consequently, the federal government could not consistently rely on the militias for national defense. For example, during the War of 1812 , members of the New York militia refused to take part in operations against

396-1002: The Ohio National Guard . Dick championed the Militia Act of 1903, which became known as the Dick Act. The 1903 act repealed the Militia Acts of 1795 and designated the militia (per Title 10 of the U.S. Code, Section 311) as two classes: the Reserve Militia, which included all able-bodied men between ages 17 and 45, and the Organized Militia, comprising state militia (National Guard) units receiving federal support. The Dick Act included $ 2 million (equivalent to $ 67,822,200 in 2023) for National Guard units to modernize equipment, and permitted states to use federal funds to pay for National Guard summer training encampments. The National Guard in each state

440-427: The defense of Plattsburgh , claiming that it was illegal for them to operate outside of Vermont . As a result, starting in 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 individual militia members or whole militia units which had volunteered en masse ), nor were they part of

484-633: The Army, including the National Guard. Root's allies included Charles Dick , Congressman (later Senator ) from Ohio and Chairman of the House Militia Affairs Committee, who also served as president of the National Guard Association of the United States . Dick was a veteran of the Spanish–American War and a longtime National Guard member who attained the rank of major general as commander of

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528-639: The British in Canada, arguing that their only responsibility was to defend their home state. On another occasion, the Governor of Vermont unsuccessfully attempted to recall his state's militia from the defense of Plattsburgh , claiming that it was illegal for them to operate outside Vermont . As a result, starting with the War of 1812, the federal government would create "volunteer" units when it needed to expand

572-570: The Dick Act and subsequent amendments enabled John McAuley Palmer and other National Guard advocates to defeat a 1920 effort to completely replace the National Guard with a federal-only reserve force. The Militia Act of 1903 is referenced in Jack London 's 1908 novel The Iron Heel as "rushed through Congress and the Senate secretly, with practically no discussion" and as introducing the draft for American citizens: "If you refused to go into

616-819: The Forces in the several Counties of this Kingdom" by the English Parliament in 1665. A committee was formed on April 7, 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 committee's plan on June 18, just two days before what would become known as the Pennsylvania Mutiny of 1783 . After Congress reestablished itself in Trenton, New Jersey,

660-631: The Japanese in the immediate aftermath of the Pearl Harbor attack. After the immediate threat had passed, they were assigned to guard key buildings and infrastructure against sabotage. Members of the Hawaii Territorial Guard were issued M1903 Springfield rifles. The Hawaii Territorial Guard was disbanded in 1947. There were several other militias composed of civilians, but these were given limited recognition and training by

704-522: The Militia acts that May, the second on the last day before adjournment. 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 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

748-478: The Regular Army. If Guard units failed to meet Army standards, they would lose federal recognition and federal funding. The Dick Act helped resolve the issue of when the United States government could mobilize the National Guard, but federal authorities were not permitted to order the National Guard to service outside the United States. The Dick Act was amended several times. The Militia Act of 1908 removed

792-555: The Territorial Guard ranks, whose membership would reach a strength of 89 officers and 1,254 enlisted men by December 31, 1941. In January 1942, due to suspicions of their loyalty, all ethnic Japanese members were dismissed from the Hawaii Territorial Guard. Hawaii Territorial Guardsmen who had been discharged petitioned General Delos Carleton Emmons , the Military Governor of Hawaii, to be allowed contribute to

836-483: The United States Army called the National Guard of the United States. Since then, all National Guardsmen have been members of both their State National Guard and the National Guard of the United States. The improvements to National Guard training and readiness and the resolution of the circumstances under which the National Guard could be federalized led to the call up of National Guard units for service on

880-480: The United States government. These included the following private militia units: State defense forces are permitted by the federal government under Title 32, Section 109 of the United States Code . Currently, 23 states and the territory of Puerto Rico maintain active state defense forces. Hawaii state law also recognizes the Hawaii state defense force as a component of the militia of the state. Therefore,

924-621: The Wabash in 1791, when nearly 1,000 Americans died in battle against the Western Confederacy of American Indians . There was widespread fear that Indian forces would exploit their victory during the recess of Congress. St. Clair's defeat was partly blamed on his army's poor organization and equipment. Upon the final required ratification enabling the Second Amendment reaching Congress January 8, 1792, Congress passed

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968-608: The activation of the Territorial Guard, Governor Poindexter began the task of creating it. The University of Hawaii Reserve Officer's Training Corps was activated and assembled at the University of Hawaii campus and immediately drafted into the Territorial Guard, alongside various high school JROTC students. At 11:00 a.m. on the same day, all members of the American Legion were also called to duty via radio, thus adding between three hundred and four hundred members to

1012-516: The ages of 18 and 45, to allow African-Americans 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 repealed and superseded the Militia Act of 1795 and established the United States National Guard as the body of the "organized militia" in the United States. The Militia act's origins can be traced to "An Act for ordering

1056-496: The calling up of the militia by the president in case of invasion or obstruction to law enforcement were continued in the second act. The statute authorized court martial proceedings against militia members who disobeyed orders. George Washington was the first president to call out the militia in 1794 (just before the 1792 act expired) to put down the Whiskey Rebellion in Western Pennsylvania. Washington issued

1100-542: The committee's altered report was presented on October 23. It was understood at the time that the president did not have the independent power under the United States Constitution to call out the militia and required statutory authorization by United States Congress to do so. The Militia Acts were passed following the enormous losses suffered by General Arthur St. Clair 's forces at the Battle of

1144-491: The existing legal framework makes it possible for the Governor of Hawaii or the state legislative to order the reactivation of a Hawaii state defense force in the future, inheriting the lineage and traditions of not just the old HTG but of the volunteer Hawaiian-American militia organizations of the Second World War. Militia Act of 1903 The Militia Act of 1903 (32  Stat.   775 ), also known as

1188-407: The federal government gained greater control over the National Guard. The President of the United States was empowered to call up the National Guard for up to nine months to repel invasion, suppress rebellion, or enforce federal laws. Guardsmen had to answer a presidential call or face court-martial. States had to organize, equip, and train their units in accordance with the policies and procedures of

1232-497: The federal subsidy with an annual budget to cover most Guard expenses, including drill pay. The Division of Militia Affairs was expanded to form the Militia Bureau (now National Guard Bureau ). The 1916 law resolved the issues of deploying National Guardsmen overseas by stipulating that they would be discharged as members of the militia and then drafted into federal service, thus removing the National Guard from its status as

1276-633: The militia of the states when operating under federal authority. This provision was employed to call up the National Guard during the Pancho Villa Expedition , and again during World War I . Other amendments were the National Defense Act of 1920 , and the National Defense Act Amendments of 1933. The 1933 Act amended the National Defense Act of 1916 to create a separate reserve component of

1320-446: 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 , members of the New York 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 unsuccessfully attempted to recall his state's militia from

1364-434: The militia, or to obey after you were in, you would be tried by drumhead court martial and shot down like dogs." Militia Acts of 1792 Two Militia Acts , enacted by the 2nd United States Congress in 1792, provided for the organization of militia and empowered the president of the United States to take command of the state militia in times of imminent invasion or insurrection . The president's authority had

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1408-422: 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 . The president's authority in both cases

1452-554: The nine-month limit on federal service, giving the President the authority to set the length of federal service. 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 ordering the National Guard to serve outside the United States was unconstitutional. In addition, the 1908 law stated that during

1496-508: The number of required drill periods from 24 to 48 and the length of summer training camps from five days to 15. The War Department was authorised to centrally plan for the National Guard's authorized strength, and the number and types of National Guard units in each state, and empowered it to implement uniform enlistment contracts and officer commissioning requirements for the National Guard. Guardsmen were required to take both state and federal enlistment oaths or oaths of office. The law replaced

1540-453: The provisions of the volunteer law, and were accepted as volunteer units. Several problems were identified with the National Guard during the Spanish–American War, such as units suffering from low levels of training and readiness and a lack of standardization in organizational structure, uniforms, equipment, leader qualifications and professional development. The Secretary of War Elihu Root and other military leaders took steps to reform

1584-623: The regular Army. This solution was also employed during the Mexican–American War (1846–1848), and in the Union Army during the American Civil War (1861–1865). During the Spanish–American War (1898) some volunteer units were organized, most notably the 1st United States Volunteer Cavalry Regiment, nicknamed " Rough Riders ." The federal government also mobilized several National Guard units which volunteered en masse under

1628-438: The size of the regular Army. These volunteer units were not militia, though they often consisted of whole militia units that 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 (1846–48), and in the Union Army during the American Civil War (1861–65). Some volunteer units were also organized during

1672-565: The war effort in another way, and in February they were assigned to a regiment of engineers as a 160-man auxiliary unit called the Varsity Victory Volunteers . After the temporary shutdown of the unit, the Hawaii Territorial Guard was immediately reactivated without its ethnic Japanese members and began recruiting replacements. The Hawaii Territorial Guard was tasked with guarding against a potential paratrooper assault by

1716-495: Was also required to carry out a uniform schedule of weekend or weeknight drills and annual summer training camps. In addition, the War Department agreed to fund the attendance of Guard officers at Army schools, and active Army officers would serve as inspectors and instructors of National Guard units. The War Department also agreed to organize joint Regular Army-National Guard exercises and training encampments. In return,

1760-411: Was conditional on the president, by proclamation, 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

1804-405: Was created in 1884. After state militias were reorganized into the National Guard, the remaining Hawaiian militia units were reorganized into the National Guard. The Hawaii Territorial Guard was created by Governor Joseph B. Poindexter , who ordered the mobilization of a Territorial Guard around 10:00 a.m. on December 7, 1941, during the attack on Pearl Harbor . Immediately after ordering

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1848-430: Was made permanent. The second Militia Act of 1792 was passed on May 8, 1792, and provided for the organization of state militias and the conscription of every "free able-bodied white male citizen" between the ages of 18 and 45: ... 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

1892-483: Was to organize units of similar form and quality to those of the regular Army , and intended to achieve the same training, education, and readiness requirements as active duty units. During the 19th century, the militia in each U.S. state and territory operated under the Militia Acts of 1792 , which was extended by the Militia Act of 1795. The 1792 and 1795 acts left the question of state versus federal control of

1936-419: Was to provide himself with a rifle , a powder horn, ¼ pound of gunpowder, 20 rifle balls, a shot-pouch, and a knapsack. Exemptions applied to some occupations, including members of Congress, stagecoach drivers, and ferryboatmen. The militias were divided into " divisions , brigades , regiments , battalions , and companies " as the state legislatures would direct. The provisions of the first Act governing

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