Military Law of 1903.— In 1903 the United States Congress adopted a new militia law, by which the militia was defined to be practically all able-bodied males between 18 and 45 years, divided into two classes, namely (a) "the Or ganized Militia,° being such forces•as may be created, under State laws, regardless of the name they bear, and (b) the remainder of the militia- A period of five years was given to all the States to adopt laws making the organ ization, drill and discipline of their organized militia the same as that of the regular army and the participation of the States in an annual appropriation of $1,000,000 was made depend ent on such State action and the creation of forces accordingly; the limit in number was as it stood theretofore, to wit, 100 men for each Congressional representative; those States which became entitled to participate in the an nual fund became a part of the "Organized Militia.° Authority was given to the President to call forth such number of the militia "organ ized° or "reserve,° as he might deem necessary, in case of invasion, danger of invasion, rebel lion or inability to execute the laws of the Union, and officers or enlisted men who neg lected to present themselves to a mustering offi cer to be mustered into the service of the United States, if found fit, were subject to trial by court-martial.
Subsequent to 1903, the continued threat of Mexican trouble kept the military topic upper most and a continuous series of legislative measures followed.
In 1916 the country had advanced to the po sition that the above supposed insurmountable obstacle about appointing officers and training the militia should be surmounted—or ignored. By the Act of 3 June 1916, Congress enacted that the army of the United States consisted of the Regular Army, the Volunteer Army, the Officers' Reserve 'Corps, the enlisted Reserve Corps, the National Guard while in the serv ice of the United States and such other land forces as are now or may hereafter be author ized by law.
The National Guard is thereby made the reg ular enlisted militia between 18 and 45 years of age organized, armed and equipped as thereto provided. The number to be organized is in the proportion of 200 for each senator and representative in Congress, and increased each year in the proportion of 50 per cent until a strength of 800 for each senator and represen tative in Congress be reached, which creates theoretically a force of 420,000 glen.
Power was given to the President to as sign units to divisions, brigades, etc., and to detail officers to command them; likewise of ficers as chiefs of staff and assistants to the chiefs of staff. Adjutants-general of States report to the Secretary of War. Funds appor tioned under "just and equitable procedure° in ratio of the number of enlisted men are to be paid for all general purposes. The States may fix the location of units within their borders and enlistments are to be for six years; three in the active and three in the reserve, and the law prescribes the contract, which creates a Federal soldier. Provisions for reserve units exist and authority is given to supply all ma terial, as may be necessary to arm, uniform and equip the "National Guard,° also for training, inspections, service schools, details, courts martial and pay for service. The "National
Guard° may be used for Federal service or may be drafted into the military service of the United States, in which case they cease to be National Guard and are discharged therefrom.
On 6 April 1917, the United States declared a state of war, and then followed the enact ment for universal military service. This great and wise step has done more to educate the United States than any act passed by Con gress; and its relation to the militia of the United States will be far reaching.
The war having been brought to a close the continued pressure for universal military in struction and training has not yet resulted in concrete plans. The creation of reserve offi cers' training corps in colleges and universities under the National Defense Act of 1915 is be ing accomplished by the War Department and the officers' reserve corps is a present factor of great importance through the demobilization of the American Expeditionary Forces.
The fact that the great body of the militia (except the 420,000 above mentioned com prising the "National Guard))) are not yet sub ject under the law to military consideration is not likely to be ignored permanently.
State Militia or State Guard.— For over 100 years the militia had been called the State force, being in time of peace under the State, as in England it was under the county; the new law seeks to secure uniformity and perfection through active national participation in control, under the general power in Congress to raise armies. The term "National Guard° had been adopted by some States to designate its organ ized or volunteer militia. This appellation was adopted by one of the most famous militia organizations of the world, the Seventh Regi ment of New York, at the time Lafayette vis ited America in 1824 and in his honor, after the "Garde Nationale? The State of New York appropriated the term in 1862 to describe the organized militia, and other States followed, but the term that Massachusetts has used, "Volunteer Militia? was more correct. The organized militia of the States bore names as follows: Georgia, South Carolina and Florida "State troops°; Arkansas and Kentucky, "State Louisiana, "State National Rhode Island, "Militia)); Texas, "Volunteer Guard°; Virginia, "Volunteers)); Massachu setts, °Volunteer Militia.° The remaining States used the term "National Guard.° The State guard, regardless of its name, has always been a volunteer body, and although in many States some military organizations have existed excellent in drill, discipline, rifle shoot ing and general military proficiency, actually comparable with corresponding bodies in the regular service, their character has been partly social. Sustained by men who were fond of military work and who enjoyed performing patriotic service and attaining a prominence which gratified pride, such units were devel opments of a latent military spirit and were the means of giving popular military education to the youth of the country.