MILITIA AND VOLUNTEERS

Extract from the Report of the Secretary of War for 1901 [1]

THE present provisions of law relating to the militia, and to the raising of volunteer forces, are quite imperfect and unsatisfactory. The militia law stands today virtually as it was enacted in 1792, and is practically obsolete. It is very desirable that Congress should now exercise the power conferred upon it by the Constitution to provide for organizing, arming, and disciplining the militia. The organization and armament of the National Guards of the several states, which are treated as militia in the appropriations made by Congress, should be made the same as those provided by Congress for the regular and volunteer forces. The relations of the National Guard organizations to the national forces, and the obligations and duties of those organizations in time of war, should be clearly defined, so that the confusion and distress regarding their action which accompanied the outbreak of the war with Spain may not again occur.

The reliance of the country for the large forces necessary in modern warfare must necessarily be chiefly upon volunteers. The method and procedure of raising volunteer forces should be prescribed in advance, so that instead of waiting to devise plans for a volunteer army until the excitement and haste of impending war makes perfection of design difficult and satisfactory execution impossible, Congress will have but to direct the execution of a well-understood plan by officers, each one of whom has long been familiar with the part he is to play. It is desirable that any plans adopted should provide for utilizing, in the earlier volunteer organizations called out, the training of those citizens who shall have served already in the regular and volunteer forces. If the earlier volunteer organizations can be constituted of these trained men, much valuable time and expense can be saved, and many dangers may be averted during the period the ordinary volunteers are receiving the necessary training. Provision should also be made for the selection in advance of the officers of any volunteer force which may be raised. Careful selection is impossible at the outbreak of a war. It is entirely practicable in time of peace.

I recommend that the President be authorized to convene boards of officers (including the General Service and Staff College Board) for the examination of officers of the National Guard, and other citizens who may apply to be examined, as to their qualifications to hold volunteer commissions; that the persons passing such examinations shall receive certificates, stating the office for which they are found to be qualified, and upon the calling out of a volunteer force shall be entitled to receive commissions for such offices.

I recommend that the War Department be authorized to arm the National Guard with the present service small arms used by the regular army, navy, and marine corps; that the National Guard of the several states be treated as a first reserve, to be called into the service of the United States to execute the laws of the Union, suppress insurrections, and repel invasions, the term of service under any call to be limited to nine months; that the President be authorized, on the request of the governor of any state, to detail officers of the regular army for instruction, staff, and inspection duties with the National Guard of such state; that the War Department be authorized to furnish transportation, rations, and tentage to officers and men of National Guard organizations, who shall take part with the forces of the regular army in annual encampments and maneuvers at national military camps; that the Department be authorized to allow travel pay, commutation of rations and quarters, or commutation of quarters, to officers of the National Guard attending and regularly taking part in the courses of instruction at the General Service and Staff College at Fort Leavenworth. Both of these provisions should be within reasonable limits, proportional to the numbers of National Guard organizations in the several states.

I recommend that the President be now empowered to organize the volunteer forces whenever called out, in the manner provided for by the act of March 2, 1899, for the organization of the volunteer force which has recently returned from the Philippines, with such modifications as shall be necessary to give effect to the views above expressed.

THE MILITIA SYSTEM

Extract from the Report of the Secretary of War for 1902. [2]

Early in the last session a bill was prepared by the War Department, embodying the views expressed in my last report, upon the treatment of the National Guard of the several states by the Federal Government, the relation of the Guard to the militia and volunteer systems, and preparation in advance for the organization of volunteers in time of war. This bill was submitted to the chairman of the Committee on Military Affairs of the Senate, the chairman of the Committee on Militia of the House, and to a convention of officers of the National Guard organizations which met in Washington in January, 1902. The convention appointed a special committee to consider and report upon the proposed bill, and after some modifications it was reported favorably to the convention, which after thorough discussion adopted a resolution approving the measure and requesting its enactment by Congress....

I earnestly urge that this measure be made a law. It is really absurd that a nation which maintains but a small regular army and depends upon unprofessional citizen soldiery for its defense should run along as we have done for one hundred and ten years under a militia law which never worked satisfactorily in the beginning, and which was perfectly obsolete before any man now fit for military duty was born. The result is that we have practically no militia system, notwithstanding the fact that the Constitution makes it the duty of the Federal Congress " to provide for organizing, arming, and disciplining the militia," and "for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions." The National Guard organizations of the several states have grown up in default of any national system and to meet local requirements. Their relations to the Federal Government have never been defined or settled. The confusion, controversy, and bad feeling arising from this uncertain status were painfully apparent at the beginning of the war with Spain; and it must always be the same until Congress shall exercise its constitutional power over the subject. Repeated efforts have been made to accomplish this result. Two years after the passage of the present law of 1792, President Washington addressed Congress on the subject in these words:

The devising and establishing of a well-regulated militia would be a genuine source of legislative honor and a perfect title to public gratitude. I therefore entertain a hope that the present session will not pass without carrying to its full energy the power of organizing, arming, and disciplining the militia, and thus providing, in the language of the Constitution, for calling them forth to execute the laws of the Union, suppress insurrections, and repel invasions.

President Jefferson, eleven years later, in 1805, said:

I cannot, then, but earnestly recommend to your early consideration the expediency of so modifying our militia system as, by a separation of the more active part from that which is less so, we may draw from it when necessary, an efficient corps for real and active service, etc.

And in 1808 he said:

For a people who are free, and who mean to remain so, a well-organized and armed militia is their best security. It is, therefore, incumbent on us at every meeting to revise the condition of the militia, and to ask ourselves if it is prepared to repel a powerful enemy at every point of our territories exposed to invasion. Some of the States have paid a laudable attention to this subject; but every degree of neglect is to be found among others. Congress alone has power to produce a uniform state of preparation in this great organ of defense. The interest which they so deeply feel in their own and their country's security will present this as among the most important objects of their deliberation.

President Madison said in 1816:

An efficient militia is authorized and contemplated by the Constitution and required by the spirit and safety of free government. The present organization of our militia is universally regarded as less efficient than it ought to be made, and no organization can be better calculated to give to it its due force than a classification which will assign the foremost place in the defense of the country to that portion of its citizens whose activity and animation best enable them to rally to its standard, etc.

President Monroe said in 1817:

An improvement in the organization and discipline of the militia is one of the great objects which claims the unremitted attention of Congress.

Almost every President, from Washington down, has urged the importance of this subject upon the attention of Congress. The chief reason why nothing has been done has been that no one system could be agreed upon. Everybody was agreed upon the general principle, but a majority of all the people interested were opposed to every particular concrete method suggested to give it effect.

The bill which has now passed the House is the result of extensive and painstaking conference among representatives of all the classes of citizens especially interested in the subject and especially qualified to express opinions upon it. It does not represent fully any one's view, but it contains many important provisions upon which a general agreement has been reached; and it will, I am sure, if enacted, be a great step in advance toward effective preparation for war otherwise than by the maintenance of a standing army.

The fundamental idea of the bill is to recognize the value to the National Government of the National Guard, which is capable of being utilized, first, as an active militia when called out by the President for the specific purposes enumerated in the Constitution; second, as an already organized volunteer force when its organizations respond as such to calls for volunteers for general military purposes under authority of Congress; and, third, as the great school of the volunteer soldier, the benefits of which are received by the country when the members of the Guard respond individually to calls for volunteers. The bill undertakes to regulate and provide for these various relations of the National Guard and its members to the general system; to conform the organization, armament, and discipline of the Guard to that of the regular and volunteer armies of the United States; to establish closer relations and better cooperation between the National Guard and the regular army; to promote the efficiency and dignity of the Guard as a part of the military system of the United States.

To aid in accomplishing these objects, and in recognition of the benefits to the General Government that come from the Guard altogether outside of its service to the individual states, the bill provides that the General Government shall furnish to the Guard the same arms which it furnishes to the regular army, and shall provide for the voluntary participation by the Guard with the regular army in maneuvers and field exercises for brief periods in each year. The bill also contains provisions making the National Guard organizations which choose voluntarily to go beyond the limitations of militia service in effect a first volunteer reserve, and further provisions for the enrollment of a second volunteer reserve not exceeding 100,000, to be composed of trained men who have served in the National Guard or in the regular army or the volunteer armies of the United States. These would constitute the first volunteer regiments after the National Guard Volunteers under any call by Congress. It also provides for ascertaining by practical tests, in advance of a call for volunteers, the fitness of members of the National Guard, graduates of the military schools and colleges, and other citizens with military training, to hold volunteer commissions, thus constituting an eligible list from which in case of a call for volunteers the officers of the second reserve must be taken, and the officers of the general body of volunteers may be taken. With the system provided for by the bill carried into effect we should be able while maintaining a standing army of but 60,000 men to put a force of at least 250,000 well-trained men into the field instantly upon a declaration of war, and the cost would be less than to maintain but a few additional regiments of regular troops.

The military force of the United States would then be as follows:

First. The regular army, capable of enlargement by the President, when he sees war coming, to 100,000.

Second. Such of the organized militia (already trained as a National Guard, and just as valuable, when used in the manner hereinafter indicated, as any other troops) as the President shall see fit to call into the service of the United States for not exceeding nine months, to repel invasion.

Third. A first volunteer reserve, composed of such companies, troops, and regiments of the organized militia already trained as a National Guard as volunteer by organizations with all their officers and men.

Fourth. A second volunteer reserve, composed of men previously enrolled and having previous military training in the National Guard, the regular army or the volunteer army, and commanded by officers whose fitness has been previously ascertained by practical tests under the provisions of the militia act.

Fifth. Such further volunteers as it may be necessary to call forth from the states, according to their respective quotas, and commanded by regimental officers appointed by the governors of the states.

A conservative estimate of the number which would be included in the first four classes of troops, who have already had military service and will be available for immediate action, is from 250,000 to 300,000.

The number of the fifth class-volunteers who may or may not have had previous service-has no limit, except the possibilities of transportation and supply.

The capacity of the National Guard organizations in general to serve effectively as organizations, either militia or volunteer, in the national army in case of war depends very largely upon the aid which they receive from the National Government. The Guard is now armed with a variety of weapons of different kinds and calibers, including two different calibers of the obsolete Springfield rifle, the Lee, the Remington-Lee, the Winchester, and the Krag-Jorgensen. In several instances different National Guard organizations of the same state are armed with different weapons of different calibers. Among all the 115,000 National Guardsmen of the different states and territories only about 4,000 have the modern service rifle of the United States army. With the exception of these 4,000 rifles the arms of the Guard would be practically worthless in time of war, not merely because they are inferior but because the Guard would have to look to the United States Government for their ammunition, and the Government would have no ammunition for the kind of rifles they carry: they would have to look to the Government to replace the arms lost or broken in service, and the Government would be unable to supply the same kind. The militia and the volunteer National Guard organizations in general would, therefore, be obliged to throw away their present arms at the beginning of a war and get reequipped with weapons the use of which they had never learned.

PROGRESS OF THE MILITIA REORGANIZATION

Extract from the Report of the Secretary of War for 1903 [3]

Of equal importance with the General Staff act in its relation to the general military efficiency of the country is the act to promote the efficiency of the militia, approved January 21, 1903, supplemented by an appropriation of $2,000,000 in the army appropriation act of March 2, 1903. The militia act had its origin in an agreement between the regular army, represented by the War Department, and the National Guards of the states, represented by a convention which met in Washington in January, 1902, upon the main and fundamental provisions necessary to give vitality and effectiveness to our militia system. Upon the presentation of these provisions to Congress, the Committee on Militia of the House took up the subject with great public spirit and industry, and on that basis wrought out a bill which, with but a few changes, was passed and approved in the form of the present act. The act proceeds upon the following ideas:

That whenever the United States becomes involved in war, the regular army will form but a small part of its armed force; and the country must also rely, for immediate and special exigencies, upon militia; and for service going beyond the proper limits of militia duty, upon volunteers.

That it is of vital importance to have a trained force of militia ready for instant service when called upon, and also to have a large number of citizens sufficiently instructed and exercised in the art of war, to organize, train and command volunteer forces.

That the best way for the National Government to secure both these requisites is by turning to the National Guards of the states, which have grown up as state organizations intended for state purposes, but are composed of citizens liable to be called upon by the National Government for military duty, and willing to devote a considerable part of their time to fitting themselves for the performance of that duty.

That, without at all interfering with the services of these organizations to their respective states in time of peace, they can be treated as a national militia to be called into the service of the United States in time of war; and that it is for the interest of the National Government to make these organizations as effective as possible, having in view their prospective national service as militia and their immediate service as the school of the national volunteer soldier.

That as the militia when called into the service of the United States and the volunteer forces commanded by the citizens trained in this school of arms, will form, together with the regular troops, but one army, subject to the same command, drawing arms, ammunition, and supplies from the same source, and subject to the same general system of accountability for property, it will be important that all parts of this greater army shall have used and shall be familiar with the same arms, ammunition, supplies, and forms and methods of transacting business, and shall have similar organization and discipline.

In this act, accordingly, Congress declared the National Guard organizations to be the organized militia, and provided for calling them into the service of the United States, whenever required, for the constitutional purposes of repelling invasion, suppressing insurrection, and executing the laws of the Union. And Congress also exercised its constitutional power " to provide for organizing, arming, and disciplining the militia" by a series of provisions designed to promote the strength, efficiency, and prosperity of these militia organizations; to make them and the regular army a homogeneous force; and to bring about a habit of cooperation and mutual respect and good understanding between the officers of the two forces.

To accomplish these purposes, the act provides that the organization, armament, and discipline of the organized militia shall be the same as that prescribed for the regular army. It authorizes the Secretary of War to issue to the militia, at the expense of the National Government, the same arms, ammunition, and supplies which are provided for the regular army. It provides for regular inspections by officers detailed by the Secretary of War and for regular returns by the adjutants in the several states to the Secretary of War. It authorizes participation by the organized militia in joint maneuvers with the regular army, and provides that in such case the organized militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the regular army, to be paid out of the regular appropriations for the support of the army. It provides for furnishing aid to separate state encampments of the militia by allowing, out of an annual appropriation of $1,000,000 for militia purposes, to the officers and enlisted men engaged in such encampments, the same pay, subsistence, and transportation or travel allowances as are made for similar purposes to officers and enlisted men of the regular army. It provides for detailing officers of the army to attend encampments upon the request of the governors of the states to give instruction and information, and for detailing officers to report to the governors for duty generally in connection with the militia. And it provides that for the purpose of securing a list of persons specially qualified to hold commissions in any volunteer force which may be called out hereafter, examinations shall be held, open to any one serving or who has served in the organized militia, to determine the fitness of the applicant to hold a volunteer commission. The persons passing such examination are to be certified and registered, and are to constitute an eligible class for appointment as officers of any future volunteer force; and they are authorized to attend any military school or college of the United States except the Military Academy at West Point, and to receive the same allowances and commutations during such attendance as are provided for the officers of the regular army.

This statute plainly opens a wide field of new duty for the officers of the regular army. They can no longer fill the measure of their obligation to the country by perfecting themselves and the forces under their command in the performance of their own military duties. They are charged with the further duty of applying their military skill and experience to the preparation of the militia and volunteer force which will be associated with them in the next war, for effective service. A new responsibility also rests upon the officers of the National Guard to render to the nation full and unstinted return for the enlarged means and opportunities which the liberality of Congress has afforded to them.

It is gratifying to report that the officers of both services have entered upon the execution of the new statute with an evident desire to discharge these obligations and attain the purposes of the law.

Following is a review of the principal things already done under the law:

Militia Inspection under Section 14. Section 14 of the act makes it the duty of the Secretary of War to cause to be made at least once in each year, by officers detailed for that purpose, inspections to determine whether the organized militia is sufficiently armed, uniformed, and equipped for active duty in the field, as a condition precedent to the use of its allotment under section 1661, Revised Statutes, for the payment, subsistence, and transportation of such portion of the organized militia as shall engage in actual field or camp service for instruction. Hitherto the entire expense of state encampments has been a charge which the states have had to meet. A special inspection of the entire organized militia of the country was promptly made after the passage of the law. This inspection was thoroughly and effectively conducted by 87 selected officers of the army, who in the aggregate visited 1,196 towns and cities, and inspected 196 regiments, separate battalions and squadrons, and 1,943 companies, troops, batteries, and staff organizations. The total number of the organized militia, including officers of every rank and grade, was ascertained to be 116,542, of which 7,610 were officers of the line and 1,510 officers of the staff, making a total of 9,120 commissioned officers and 107,422 enlisted men;. of this number 6,695 officers and 81,007 men were present at inspection. Their distribution among the arms of service was as

Among the immediate results of the special inspection were the disbandment and muster out of many companies, the recruitment of others, and the entire reorganization of the organized militia of several states and territories, as well as a material change in the organized strength of nearly every state from that last report by the adjutant-generals.

Inspection under Section 18. Another feature of this inspection, made mandatory by section 18 of the law, in order to entitle the states and territories to the benefit of the appropriation under section 1661, Revised Statutes, relates to the system of drill and inspection required by the states during the year next preceding each annual allotment of funds. The law requires that each state or territory shall have required during the preceding year every company, - troop, and battalion in its organized militia, not excused by the governor, to participate in practice marches or to go into camp of instruction at least five consecutive days, and to assemble for drill and instruction at company, battalion, or regimental armories or rendezvous, or for target practice, Snot less than twenty-four times, and shall also have required during such year an inspection of each such company, troop, and battalion to be made by an officer of such militia or an officer of the regular army.

As the result of this inspection it was learned that 1,337 organizations have participated in practice marches or gone into camps of instruction at least five consecutive days -during the year preceding June 30, 1903, and 1,740 organizations have assembled for drill and instruction at armories or rendezvous or for target practice not less than twenty-four times during that period. The number of organizations not participating in the first class of military exercise is 557, and not participating in the second class, 154. The value of the aid rendered by the Federal Government in furnishing material of war and paying certain necessary expenses of encampments is so manifest that it is to be presumed that all organizations of the Guard will in the future make every effort to comply with the conditions which must hereafter govern in the allotment of this annual appropriation for the support of the militia....

Participation of Militia in Combined Maneuvers. The participation by any part of the organized militia of any state or territory, on request of the governor, in the encampment, maneuvers, and field instruction of any part of the regular army at or near any military post or camp or lake or seacoast defenses of the United States is authorized under section 15. The militia taking part in these maneuvers are Q to receive the same pay, subsistence, and transportation | as are provided for officers and men of the regular army, to be paid out of the appropriations for the support of the army.

The militia organizations availing themselves of this privilege were the National Guard of Hawaii, with the troops at Camp McKinley, near Honolulu, June tenth to fourteenth; the entire militia of Maine, and one regiment of coast artillery from Massachusetts, in the combined maneuvers of the army and navy in the artillery district of Portland, Maine, from August twenty-second to twenty-ninth; two companies of coast artillery of Connecticut and one regiment of coast artillery of New York in operations at the eastern entrance of Long Island Sound, July tenth to twentieth; three regiments of infantry and one field battery of the Indiana National Guard, three regiments and one battalion of the Michigan National Guard, two regiments of infantry and a battalion of artillery of the Kentucky State Guard, one regiment of infantry and a field battery of the Ohio National Guard, and one regiment of infantry of the Wisconsin National Guard in the maneuvers at West Point, Kentucky, September twenty-fifth to October sixteenth; one battalion of infantry of the Colorado National Guard, one regiment of infantry of the Iowa National Guard, two regiments of infantry and two batteries of field artillery of the Kansas National Guard, one regiment of infantry of the Missouri National Guard, one regiment of infantry and one company of the signal corps of the Nebraska National Guard, and one regiment of infantry of the Texas National Guard in the maneuvers at Fort Riley, Kansas, from October fifteenth to twenty-seventh. These organizations had present approximately 1,000 officers and 13,000 men.

These general field exercises have proved of great value to the militia, affording it opportunity to take part in military maneuvers on an extended scale, and to come into actual contact with the regular army under the conditions of simulated warfare; and they tend to infuse into the militia a spirit of discipline and respect for army standards and efficiency. They have also proved of material advantage to the regular army through the association of the two forces. The relations of mutual respect, good feeling, and common understanding established between the great numbers of officers of both services, who have been working together in these maneuvers, will prove of incalculable benefit whenever those officers are found serving in the same army engaged in actual hostilities.

Issue of Arms and Equipment. One of the cardinal purposes of the law being to secure uniformity of armament between the militia and the regular army, the Secretary of War is authorized under section 13 to issue upon the requisitions of the state authorities such number of the United States standard service magazine rifles, with necessary equipments and accouterments as are required to arm all the organized militia, without charging the cost under section 1661, Revised Statutes, or requiring payment therefore, and to make the necessary exchange of ammunition for the new arms.

Under this provision the Chief of Ordnance has issued 88,031 magazine rifles and carbines, and credited back to various states and territories $336,893.09 which had been charged to them for similar issues since December 1, 1901. All of the states and territories but three have been fully supplied, and of these three the principal one is, by preference, waiting for a change of sights upon the rifles which are ready to be delivered. The rearmament may, accordingly, be regarded as substantially accomplished.

Allotments to the Militia under Section 1661, Revised Statutes. In the distribution and use of the $1,000,000 annually appropriated under section 1661, Revised Statutes, the limitations which have heretofore governed the use of the appropriation have been removed by section 17 of the new act, so that instead of its being confined to the purchase of ordnance and quartermaster stores, as.was formerly the case, it is available for the purpose of providing for the use of the organized militia any stores and supplies or publications which are supplied to the army by any department. In addition it is applicable to the pay, subsistence, and transportation of militia participating in state encampments under section 14, as already stated above. In lieu of the limitations which formerly governed this appropriation, Congress has substituted those set forth in sections 14 and 18 of the act, requiring a definite and satisfactory showing of the militia's preparedness for military duty and the genuineness of its claims for consideration as a military organization.

Further authority is conferred upon the states to purchase for cash, for the use of its militia, materials of war and military publications at the prices at which they are issued to the army, with the cost of transportation added.

Militia Allotments under Act of March 2, 1903. The allotments under section 1661, Revised Statutes, are made to the states upon the basis of representation in Congress. The act of March 2, 1908, provided for the procurement and issue of certain articles of armament and equipment to the militia, with a view to conforming its equipment in its entirety to that of the regular army, so that it became the duty of the Department to procure and furnish the equipment in kind, using this appropriation as far as it would go toward completely equipping the entire militia. That the sum appropriated was inadequate for the purpose was manifest, and it was therefore necessary to determine what portion of the supplies required by each state could be furnished.

An article of issue of prime importance was the field gun of the model about to be adopted by the army to replace the old field guns of 8.2 caliber in use by the militia. As a result of special inspection it appears that there are in the possession of the militia seventy-two field guns of 8.2 inch caliber, which number would constitute eighteen batteries of the army organization. The Secretary of War therefore directed that the sum of $700,000 should be set aside from this appropriation for the procurement by the Chief of Ordnance of field artillery. This sum is sufficient to equip about fourteen batteries of four guns each. A provisional apportionment to the states and territories of $1,000,000 of this appropriation, upon the basis of the organized strength of the militia as reported to Congress under date of February 2, 1908, was directed by the Secretary of War. The states have availed themselves of this provisional allotment by calling for articles of clothing, equipage, ordnance, medical and signal supplies. Under this appropriation blank forms of requisitions, returns, and many other papers used by the regular army have been distributed to the militia in order to bring the paper work of the two forces into conformity.

Detail of Officers with States and Territories. As an additional means of aiding the state authorities in developing the militia under the system prescribed by Congress, authority was conferred upon the Secretary of War by section 20 of the act to detail, in his discretion, upon the application of the governors, one or more officers of the army to report to them for duty in connection with their organized militia. The act of March 2, 1908, authorized a similar detail of not exceeding twenty retired officers. As the conditions of the service at this time do not permit the detail of officers on the active list for this duty, steps have been taken to detail-the twenty retired officers. The governors of the states, in the order of the strength of their organized militia, have been afforded opportunity to secure such details, and sir officers have already been assigned to this duty. Notifications have been sent to the governors of all the states to indicate their wishes as to the detail of retired officers, and these requests will be disposed of in the order of the organized strength of the militia, until the number of retired officers authorized by law is exhausted.

Conformity to Army Standards. The requirement of the law that the organization of the militia shall conform to that of the regular army within five years from the date of the approval of the act is one which mainly falls upon the states and territories to carry out, but the Department has endeavored to facilitate this end by submitting for the consideration of the state authorities a proposed code of militia law covering in detail features of organization. This code is comprehensive in its treatment, embodying the most approved machinery for the government of the militia, and while it is offered to the states only by way of suggestion, it is hoped that the substance of its provisions will be adopted, thereby furnishing a fairly uniform basis of administration for the National Guard.

The inherent difficulties of conforming in all particulars to army organization are thoroughly appreciated by the Department, but it is confidently believed that the earnest cooperation of the state authorities will enable the necessary changes to be gradually effected. This act provides that the President of the United States may in time of peace, by order, fix the minimum number of enlisted men in each company, troop, battalion, signal corps, engineer corps, and hospital corps. In the proposed code the suggested minimum strength of the tactical units of the several arms of the service will be found, with the exception of the engineer companies, the minimum strength of which, it is thought, should be the same as that of the infantry.

Military Education of Militia and Volunteer Officers. Very liberal means have been afforded by section 16 and 23 for the instruction of militia officers at military schools and colleges of the United States. Such student officers receive the same travelling allowance and quarters or commutation of quarters, that officers of the regular army would be entitled to while in attendance at such schools, together with an allowance for subsistence. Section 23 provides for the creation in the Department of a roster of militia officers who are especially qualified to hold commissions in any volunteer force which may hereafter be called for and organized under authority of Congress. The General Staff has prepared regulations for examining boards to determine the qualifications of such applicants. These regulations have been approved by the Department, and will shortly be issued.

While the army service schools are fully taxed by the present attendance of regular officers, the necessary steps will be taken to provide accommodations for student militia officers as soon as they become eligible to attend under the requirements of the law and the regulations of the Department.

Regulation of Use of Militia for National Defense. As the chief interest of the United States in the militia lies in its availability for national protection upon occasions of emergency, one of the underlying objects of this law is to prescribe the way to make it available as a fighting force. The constitutional purposes for which the militia can be called into the active service of the United States are embodied in section 4, the terms of service in section 5, the apportionment of the militia when called into service in section 6, while sections 7 to 11 provide for the muster into service, courts-martial, pay and allowances, and other miscellaneous subjects. Regulations to govern the muster of the militia into the service of the United States under section 7 have been framed by the General Staff and have received the Department's approval.

In considering the availability of the militia for national defense, a most pertinent inquiry is that of dependable strength. With a view to obtaining a definite idea as to what this dependable strength would be at this time, a thorough canvass of the National Guard was made, from which it appears that of the 1,943 separate bodies in the organized militia the men of 1,586 had a thorough understanding of their obligations under the statute, 250 organizations had no such idea, and 57 had a partial idea. Of the 116,542 officers and men now in the service of the organized militia, 100,345 declared themselves ready to respond to a sudden call of the President.

THE ACT TO PROMOTE THE EFFICIENCY OF THE MILITIA

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes- the organized militia, to be known as the National Guard of the State, Territory, or District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia.

Sec. 2. That the Vice-President of the United States, the officers, judicial and executive, of the Government of the United States, the members and officers of each House of Congress, persons in the military or naval service of the United States, all custom-house officers, with their clerks, postmasters, and persons employed by the United States in the transmission of the mail, ferrymen employed at any ferry on a post-road, artificers and workmen employed in the armories and arsenals of the United States, pilots, mariners actually employed in the sea service of any citizen or merchant within the United States, and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty, without regard to age: Provided, That nothing in this Act shall be construed to require or compel any member of any well-recognized religious sect or organization at present organized and existing whose creed forbids its members to participate in war in any form, and whose religious convictions are against war or participation therein, in accordance with the creed of said religious organization, to serve in the militia or any other armed or volunteer force under the jurisdiction and authority of the United States.

Sec. 3. That the regularly enlisted, organized, and uniformed active militia in the several States and Territories and the District of Columbia who have heretofore participated or shall hereafter participate in the apportionment of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes of the United States, as amended, whether known and designated as National Guard, militia, or otherwise, shall constitute the organized militia. The organization, armament, and discipline of the organized militia in the several States and Territories and in the District of Columbia shall be the same as that which is now or may hereafter be prescribed for the Regular and Volunteer Armies of the United States, within five years from the date of the approval of this Act: Provided, That the President of the United States, in time of peace, may by order fix the minimum number of enlisted men in each company, troop, battery, signal corps, engineer corps, and hospital corps; And provided further, That any corps of artillery, cavalry, and infantry existing in any of the States at the passage of the Act of May eight, seventeen hundred and ninety-two, which, by the laws, customs, or usages of the said States have been in continuous existence since the passage of said Act under its provisions and under the provisions of section two hundred and thirty-two and sections sixteen hundred and twenty-five to sixteen hundred and sixty, both inclusive, of Title sixteen of the Revised Statutes of the United States, relating to the Militia, shall be allowed to retain their accustomed privileges, subject, nevertheless, to all other duties required by law in like manner as the other Militia.

Sec. 4. That whenever the United States is invaded, or in danger of invasion from any foreign nation, or of rebellion against the authority of the Government of the United States, or the President is unable, with the other forces at his command, to execute the laws of the Union in any part thereof, it shall be lawful for the President to call forth for a period not exceeding nine months, such number of the militia of the State or of the States or Territories or of the District of Columbia as he may deem necessary to repel such invasion, suppress such rebellion, or to enable him to execute such laws, and to issue his orders for that purpose to such officers of the militia as he may think proper.

Sec. 5. That whenever the President calls forth the militia of any State or Territory or of the District of Columbia to be employed in the service of the United States, he may specify in his call the period for which such service is required, not exceeding nine months, and the militia so called shall continue to serve during the term so specified, unless sooner discharged by order of the President.

Sec. 6. That when the militia of more than one State is called into the actual service of the United States by the President he may, in his discretion, apportion them among such States or Territories or to the District of Columbia according to representative population.

Sec. 7. That every officer and enlisted man of the militia who shall be called forth in the manner hereinbefore prescribed and shall be found fit for military service shall be mustered or accepted into the United States service by a duly authorized mustering officer of the United States: Provided, however, That any officer or enlisted man of the militia who shall refuse or neglect to present himself to such mustering officer upon being called forth as herein prescribed shall be subject to trial by court-martial and shall be punished as such court-martial may direct.

Sec. 8. That courts-martial for the trial of officers or men of the militia when in the service of the United States, shall be composed of militia officers only.

Sec. 9. That the militia, when called into the actual service of the United States, shall be subject to the same Rules and Articles of War as the regular troops of the United States.

Sec. 10. That the militia, when called into the actual service of the United States, shall, during their time of service, be entitled to the same pay and allowances as are or may be provided by law for the Regular Army.

Sec. 11. That when the militia is called into the actual service of the United States, or any portion of the militia is accepted under the provisions of this act, their pay shall commence from the day of their appearing at the place of company rendezvous. But this provision shall not be construed to authorize any species of expenditure previous to arriving at such places of rendezvous which is not provided by existing laws to be paid after their arrival at such places of rendezvous.

Sec. 12. That there shall be appointed in each State, Territory, and District of Columbia an adjutant-general, who shall perform such duties as may be prescribed by the laws of such State, Territory, and District, respectively, and make returns to the Secretary of War, at such times and in such form as he shall from time to time prescribe, of the strength of the organized militia, and also make such reports as may from time to time be required by the Secretary of War. That the Secretary of War shall, with his annual report of each year, transmit to Congress an abstract of the returns and reports of the adjutant-generals of the States, Territories, and the District of Columbia, with such observations thereon as he may deem necessary for the information of Congress.

Sec. 13. That the Secretary of War is hereby authorized to issue, on the requisitions of the governors of the several States and Territories, or of the commanding general of the militia of the District of Columbia, such number of the United States standard service magazine arms, with bayonets, bayonet scabbards, gun slings, belts, and such other necessary accouterments and equipments as are required for the Army of the United States, for arming all of the organized militia in said States and Territories and District of Columbia, without charging the cost or value thereof, or any which have been issued since December first, nineteen hundred and one, or any expense connected therewith, against the allotment to said State, Territory, or District of Columbia, out of the annual appropriation provided by section sixteen hundred and sixty-one of the Revised Statutes, as amended, or requiring payment therefore, and to exchange, without receiving any money credit therefore, ammunition, or parts thereof, suitable to the new arms, round for round, for corresponding ammunition suitable to the old arms theretofore issued to said State, Territory, or District by the United States: Provided, That said rifles and carbines and other property shall be receipted for and shall remain the property of the United States and be annually accounted for by the governors of the States and Territories as now required by law, and that each State, Territory, and District shall, on receipt of the new arms, turn in to the Ordnance Department of the United States Army, without receiving any money credit therefore, and without expense for transportation, all United States rifles and carbines now in its possession.

To provide means to carry into effect the provisions of this section, the necessary money to cover the cost of exchanging or issuing the new arms, accouterments, equipments, and ammunition to be exchanged or issued hereunder is hereby appropriated out of any moneys in the Treasury not otherwise appropriated.

Sec. 14. That whenever it shall appear by the report of inspections, which it shall be the duty of the Secretary of War to cause to be made at least once in each year by officers detailed by him for that purpose, that the organized militia of a State or Territory or of the District of Columbia is sufficiently armed, uniformed, and equipped for active duty in the field, the Secretary of War is authorized, on the requisition of the governor of such State or Territory, to pay to the quartermaster-general thereof, or to such other officer of the militia of said State as the said governor may designate and appoint for the purpose, so much of its allotment out of the said annual appropriation under section sixteen hundred and sixty-one of the Revised Statutes as amended as shall be necessary for the payment subsistence, and transportation of such portion of said organized militia. as shall engage in actual field or camp service for instruction, and the officers and enlisted men of such militia while so engaged shall be entitled to the same pay, subsistence, and transportation or travel allowances as officers and enlisted men of corresponding grades of the Regular Army are or may hereafter be entitled to by law, and the officer so designated and appointed shall be regarded as a disbursing officer of the United States, and shall render his accounts through the War Department to the proper accounting officers of the Treasury for settlement, and he shall be required to give good and sufficient bonds to the United States, in such sums as the Secretary of War may direct, faithfully to account for the safe-keeping and payment of the public moneys so intrusted to him for disbursement

Sec 15. That the Secretary of War is hereby authorized to provide for participation by any part of the organized militia of any State or Territory on the request of the governor thereof in the encampment, maneuvers, and field instruction of any part of the Regular Army at or near any military post or camp or lake or seacoast defenses of the United States. In such case the organized militia so participating shall receive the same pay, subsistence, and transportation as is provided by law for the officers and men of the Regular Army, to be paid out of the appropriation for the pay, subsistence, and transportation of the Army: Provided, That the command of such military post or camp and of the officers and troops of the United States there stationed shall remain with the regular commander of the post without regard to the rank of the commanding or other officers of the militia temporarily so encamped within its limits or in its vicinity.

Sec. 16. That whenever any officer of the organized militia shall, upon recommendation of the governor of any State, Territory, or general commanding the District of Columbia, and when authorized by the President attend and pursue a regular course of study at any military school or college of the United States such officer shall receive from the annual appropriation for the support of the Army the same travel allowances, and quarters, or commutation of quarters, to which an officer of the Regular Army would be entitled if attending such school or college under orders from proper military authority, and shall also receive commutation of subsistence at the rate of one dollar per day while in actual attendance upon the course of instruction.

Sec. 17. That the annual appropriation made by section sixteen hundred and sixty-one, Revised Statutes, as amended, shall be available for the purpose of providing for issue to the organized militia any stores and supplies or publications which are supplied to the Army by any department. Any State, Territory, or the District of Columbia may, with the approval of the Secretary of War, purchase for cash from the War Department, for the use of its militia, stores, supplies, material of war, or military publications, such as are furnished to the Army, in addition to those issued under the provisions of this Act, at the price at which they are listed for issue to the Army, with the cost of transportation added, and funds received from such sales shall be credited to the appropriations to which they belong and shall not be covered into the Treasury, but shall be available until expended to replace therewith the supplies sold to the States and Territories and to the District of Columbia in the manner herein provided.

Sec. 18. That each State or Territory furnished with material of war under the provisions of this or former Acts of Congress shall, during the year next preceding each annual allotment of funds, in accordance with section sixteen hundred and sixty-one of the Revised Statutes as amended, have required every company, troop, and battery in its organized militia not excused by the governor of such State or Territory, to participate in practice marches or go into camp of instruction at least five consecutive days, and to assemble for drill and instruction at company, battalion, or regimental armories or rendezvous or for target practice not less than twenty-four times, and shall also have required during such year an inspection of each such company, troop, and battery to be made by an officer of such militia or an officer of the Regular Army.

Sec. 19. That upon the application of the governor of any State or Territory furnished with material of war under the provisions of this Act or former laws of Congress, the Secretary of War may detail one or more officers of the Army to attend any encampment of the organized militia, and to give such instruction and information to the officers and men assembled in such camp as may be requested by the governor. Such officer or officers shall immediately make a report of such encampment to the Secretary of War, who shall furnish a copy thereof to the governor of the State or Territory.

Sec. 20. That upon application of the governor of any State or Territory furnished with material of war under the provisions of this Act or former laws of Congress, the Secretary of War may, in his discretion, detail one or more officers of the Army to report to the governor of such State or Territory for duty in connection with the organized militia. All such assignments may be revoked at the request of the governor of such State or Territory or at the pleasure of the Secretary of War.

Sec. 21. That the troops of the militia encamped at any military post or camp of the United States may be furnished such amounts of ammunition for instruction in firing and target practice as may be prescribed by the Secretary of War, and such instruction in firing shall be carried on under the direction of an officer selected for that purpose by the proper military commander.

Sec. 22. That when any officer, noncommissioned officer, or private of the militia is disabled by reason of wounds or disabilities received or incurred in the service of the United States he shall be entitled to all the benefits of the pension laws existing at the time of his service, and in case such officer, noncommissioned officer, or private dies in the service of the United States or in returning to his place of residence after being mustered out of such service, or at any time, in consequence of wounds or disabilities received in such service, his widow and children, if any, shall be entitled to all the benefits of such pension laws.

Sec. 23. That for the purpose of securing a list of persons specially qualified to hold commissions in any volunteer force which may hereafter be called for and organized under the authority of Congress, other than a force composed of organized militia, the Secretary of War is authorized from time to time to convene boards of officers at suitable and convenient army posts in different parts of the United States, who shall examine as to their qualifications for the command of troops or for the performance of staff duties all applicants who shall have served in the Regular Army of the United States, in any of the volunteer forces of the United States, or in the organized militia of any State or Territory or the District of Columbia, or who, being a citizen of the United States, shall have attended or pursued a regular course of instruction in any military school or college of the United States Army, or shall have graduated from any educational institution to which an officer of the Army or Navy has been detailed as superintendent or professor pursuant to law after having creditably pursued the course of military instruction therein provided. Such examinations shall be under rules and regulations prescribed by the Secretary of War, and shall be especially directed to ascertain the practical capacity of the applicant. The record of previous service of the applicant shall be considered as a part of the examination. Upon the conclusion of each examination the board shall certify to the War Department its judgment as to the fitness of the applicant, stating the office, if any, which it deems him qualified to fill, and, upon approval by the President, the names of the persons certified to be qualified shall be inscribed in a register to be kept in the War Department for that purpose. The persons so certified and registered shall, subject to a physical examination at the time, constitute an eligible class for commissions pursuant to such certificates in any volunteer force hereafter called for and organized under the authority of Congress, other than a force composed of organized militia, and the President may authorize persons from this class, to attend and pursue a regular course of study at any military school or college of the United States other than the Military Academy at West Point and to receive from the annual appropriation for the support of the Army the same allowances and commutations as provided in this Act for officers of the organized militia: Provided, That no person shall be entitled to receive a commission as a second lieutenant after he shall have passed the age of thirty; as first lieutenant after he shall have passed the age of thirty-five; as captain after he shall have passed the age of forty; as major after he shall have passed the age of forty-five; as lieutenant-colonel after he shall have passed the age of fifty, or as colonel after he shall have passed the age of fifty-five: And provided further, That such appointments shall be distributed proportionately, as near as may be, among the various States contributing such volunteer force: And provided, That the appointments in this section provided for shall not be deemed to include appointments to any office in any company, troop, battery, battalion, or regiment of the organized militia which volunteers as a body or the officers of which are appointed by the governor of a State or Territory.

Sec. 24. That all the volunteer forces of the United States called for by authority of Congress shall, except as hereinbefore provided, be organized in the manner provided by the Act entitled " An Act to provide for temporarily increasing the military establishment of the United States in time of war, and for other purposes," approved April twenty-second, eighteen hundred and ninety-eight.

Sec. 25. That sections sixteen hundred and twenty-five to sixteen hundred and sixty, both included, of title sixteen of the Revised Statutes, and section two hundred and thirty-two thereof, relating to the militia, are hereby repealed.

Sec. 26. That this Act shall take effect upon the date of its approval.

Approved, January 21,1903.

EXTRACT FROM TEE ARMY APPROPRIATION ACT

APPROVED MARCH 2, 1903

Provided further, That for the purpose of furnishing the necessary articles requisite to fully arm, equip, and supply each regiment, battalion, squadron, company, troop, battery, signal, engineer, and hospital corps and medical department of the organized militia of the several States, Territories, and the District of Columbia with the same armament and equipment as are now prescribed for corresponding branches of the line or staff in the Regular Army, without cost to said States, Territories, or the District of Columbia, but to remain the property of the United States, and to be accounted for in the manner now prescribed by law, the Secretary of War is hereby authorized, under such regulations as he may prescribe, on the requisitions of the governors of the several States and Territories, or the commanding general of the militia of the District of Columbia, to issue the said armament and equipment to the organized militia; and the sum of two million dollars is hereby appropriated and made immediately available until expended for the procurement and issue of the articles constituting the same....

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