Militia Act of 1903

(Edited from Wikipedia)

The Militia Act of 1903, also known as "The Efficiency in Militia Act of 1903," also known as the Dick Act, was legislation enacted by the United States Congress which codified the circumstances under which the National Guard could be federalized. It also provided federal funds to the National Guard to pay for equipment and training, including annual summer encampments. In return, the National Guard began to organize its units along the same lines as the regular Army, and took steps to meet the same training, education and readiness requirements as active duty units.

During the nineteenth century, the militia in each U.S. state and territory operated under the Militia Acts of 1792. Under these laws, the question of state versus federal control of the militia was unresolved. As a result, the federal government could not rely on the militia for national defense. As an 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. In another instance, Martin Chittenden, 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's borders.

Because the issue of state versus federal control was not resolved, the federal government resorted to the creation of "volunteer" units when it needed to expand the size of the Army. These units of United States Volunteers were not militia, though often they consisted of militia units which had volunteered en masse, nor were they part of the regular Army. This solution was employed during the Mexican–American War, and in the Union Army during the American Civil War.

During the Spanish–American War 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 and were accepted as volunteer units.

Several issues with the National Guard became apparent as a result of the Spanish– American War experience, including low levels of individual and unit training and readiness; differences in organizational structure, uniforms and equipment; and lack of standardization in leader qualifications and professional development.

1 Root reforms and Dick Act

As a result of the problems identified during the Spanish–American War, Secretary of War Elihu Root and other military leaders took steps to reform 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 the Ohio National Guard.

Dick championed the Militia Act of 1903. This law repealed the Militia Acts of 1792 and organized the militia into two groups: the Reserve Militia, which included all able-bodied men between ages 17 and 45, and the Organized Militia, which included state militia (National Guard) units receiving federal support.

The Dick Act included $2 million 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 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 Army-National Guard exercises and training encampments.

In return, 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 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. In 1908, The nine-month limit on federal service was dropped, and the President was empowered 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 enabling the National Guard to serve outside the United States was unconstitutional. In

2 addition, the 1908 law stated that during 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.

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