HISTORICAL SURVEY OF THE MILITIA IN IOWA

1838-1865

(The term militia is not new to the people of Iowa and the United States, but it has had various meanings at different periods in our history. Even during the same period it has been used to designate different groups of men. At the time of the adoption of the Federal Constitution the militia included nearly the whole effective fighting force of the population designated as "all able-bodied white male citizens between the ages of eighteen and forty-five". This body was wholly unorganized, and existed merely as a totality of individuals available in case of military necessity.

Out of this unorganized militia developed a militia which was based on the civil organization and included all men between the ages of eighteen and forty-five. Usually the men of one county formed a company, battalion, or regiment. This militia —which is found in Territorial Iowa - was at least an outlined organization, with an annual or semi-annual muster and drill.

During the period immediately preceding the Civil War there existed a third type of military organization which was characterized by independent volunteer companies, having no connection with each other except that the officers of all were commissioned by the Governor of the State. Strictly speaking these companies were not militia organizations; nor were they grouped into regiments and brigades. The members were supposed to drill occasionally, but their usual maneuvers consisted of elaborately costumed parades and military balls.

The militia with which we are familiar to-day is known as the National Guard, and consists of regularly organized companies which are grouped into regiments under the joint supervision of the State and Federal authorities. Enrollment in these companies is voluntary; and in no sense do they include the whole of the militia, which still, in theory, includes all able-bodied male citizens of the State between the ages of eighteen and forty-five.

Since the appearance of volunteer companies, attempts have been made to classify the militia by the use of such terms as: "Active" and "Inactive", "Organized" and "Unorganized", "Active" and "Sedentary", "Active Militia" and "Peace Establishment", "Volunteer" and "Reserve", and "Volunteer" and "Enrolled''.1- EDITOR.]

THE MILITIA IN THE UNITED STATES

The militia system of the United States was inherited from England and antedates the Revolution. As early as

1 Smith's Militia of the United States from 1846 to 1860 in the Indiana Magazine of History, Vol. XV, p. 25.

October 26, 1774, "the Colonial Assembly of Massachusetts, which had been dissolved by the Governor on September 28th, met, voted themselves a Provincial Congress, adopted a scheme for the militia, appointed several general officers, as well as a Committee of Safety to organize the militia, commission the officers and direct their operations in the field, and a Committee of Supplies to procure arms and ammunition. ""2 In 1775 this Committee of Safety organized companies and regiments throughout Massachusetts Bay Colony. Other colonies followed this example, and the militia system was thus established in the New World. These military forces were, of course, under the complete direction and control of the individual colonies.

Thus it will be seen that while "the American Colonies possessed no Regular military force" at the opening of the Revolution, nevertheless "each colony had a force of militia". A majority of the men composing this militia were trained in the hardships of the frontier and were good shots and self-reliant, but owing to the lack of organization it can hardly be said that they constitute an effective fighting force for concerted and sustained action. There was also a nucleus of good officers who, having received a thorough training in the French and Indian wars, made first-class soldiers, although they hated discipline.

"The absence of a permanent force of Regular troops", according to one authority on military history, "left the revolting colonies no alternative except to have recourse to such militia as they already possessed, supplemented by whatever recruits presented themeslves." Thus there were in the Revolutionary War many soldiers who had been enrolled in the colonial militia companies.

2 Huidekoper's The Military Unpreparedness of the United States, p. 5. Huidekoper's The Military Unpreparedness of the United States, p. 3.

4 Huidekoper's The Military Unpreparedness of the United States, pp. 4, 5.

By declaring that Congress shall have the power to "provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the states, respectively, the appointment of the officers and the authority of training the militia according to the discipline prescribed by Congress", the Federal Constitution perpetuated the colonial military system. It was further provided that the President of the United States should be Commander-in-Chief of the militia whenever it was employed in the service of the United States. Indeed, more detailed provisions for the militia are found in the Constitution than for any other branch of the military service. The purposes for which it may be called out by the President are specified; and so great was the concern regarding the militia that the second amendment to the Constitution specifically provided that "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."

In conformity with the provisions of the Constitution there was enacted by Congress, in May, 1792, a general law for all militia organizations entitled "An Act to provide for calling out the militia to execute the laws of the Union, suppress insurrections and repel invasions." By this act the militia system was definitely fastened upon the country. It provided that "each and every free ablebodied white male citizen of the respective States, resident therein, who is or shall be of the age of eighteen years and under the age of forty-five years, except as is hereinafter 5 Constitution of the United States, Art. I, Sec. 8.

6 Constitution of the United States, Amendment II.

7 United States Statutes at Large, Vol. I, p. 264; Smith's Militia of the United States from 1846 to 1860 in the Indiana Magazine of History, Vol. XV, p. 21.

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 times hereafter be the duty of every such captain or commanding officer of a company to enrol every such citizen as aforesaid, and also those who shall from time to time arrive at the age of eighteen years, and being of the age of eighteen years, and under the age of fortyfive years, except as before excepted, shall come to reside within his bounds, and shall without delay notify such citizens of the said enrollment by a proper non-commissioned officer of the company, by whom such notice may be proved. "

This law also prescribed the arms and equipment of the various grades to be procured by the members of the militia. It provided that "the vice-president of the United States, the officers, judicial and executive of the United States, the members of both houses of congress and their respective officers, all custom house officers, with their 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 of the United States, and all persons who now are or may hereafter be 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." In addition, special exemption was granted to Shakers and Quakers."

A schedule of organization and officers was suggested

8 United States Statutes at Large, Vol. I, p. 264. • United States Statutes at Large, Vol. I, p. 264.