Militia - United States

United States

The history of militia in the United States dates from the colonial era, such as in the American Revolutionary War. Based on the British system, colonial militias were drawn from the body of adult male citizens of a community, town, or local region. Because there were usually few British regulars garrisoned in North America, colonial militia served a vital role in local conflicts, particularly in the French and Indian Wars. Before shooting began in the American War of Independence, American revolutionaries took control of the militia system, reinvigorating training and excluding men with Loyalist inclinations. Regulation of the militia was codified by the Second Continental Congress with the Articles of Confederation. The revolutionaries also created a full-time regular army—the Continental Army—but because of manpower shortages the militia provided short-term support to the regulars in the field throughout the war.

In colonial era Anglo-American usage, militia service was distinguished from military service in that the latter was normally a commitment for a fixed period of time of at least a year, for a salary, whereas militia was only to meet a threat, or prepare to meet a threat, for periods of time expected to be short. Militia persons were normally expected to provide their own weapons, equipment, or supplies, although they may later be compensated for losses or expenditures.

A related concept is the jury, which can be regarded as a specialized form of militia convened to render a verdict in a court proceeding (known as a petit jury or trial jury) or to investigate a public matter and render a presentment or indictment (grand jury).

With the Constitutional Convention of 1787 and Article 1 Section 8 of the United States Constitution, control of the army and the power to direct the militia of the states was concurrently delegated to the federal Congress. The Militia Clauses gave Congress authority for "organizing, arming, and disciplining" the militia, and "governing such Part of them as may be employed in the Service of the United States", with the States retaining authority to appoint officers and to impose the training specified by Congress.

Proponents describe a key element in the concept of "militia" was that to be "genuine" it not be a "select militia", composed of an unrepresentative subset of the population. This was an argument presented in the ratification debates.

The first legislation on the subject was The Militia Act of 1792 which provided, in part:

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, ... every citizen, so enrolled and notified, shall, within six months thereafter, provide himself with a good musket or firelock....

During the nineteenth century, each of the states maintained its militia differently, some more than others. Prior to the Civil War, militia units were sometimes used by southern states for slave control. In free states, Republican militias - called "Wide Awakes" - sided with abolitionists in sometimes violent confrontations with Federal authorities. In California, the militia carried out campaigns against bandits and against the Indians at the direction of its Governor between 1850 and 1866.

During Reconstruction after the Civil War, Republican state governments had militias composed almost entirely of freed slaves and populist whites. Their deployment to maintain order in the former Confederate states, caused increased resentment among many Southern whites.