The Interrelationship of the United States Army and the National Guard

• Author: By Colonel William L. Shaw
• Pages: 02

Whew the Seoretary of Defense annouwed that Army re-seme unzts toodd become Q part of the A m y h'ntional Guard, many questions were raised concerning the Guard. What has been its role and function? How well has the National Guard been able to fulfill its purpose? What are its achievements? While the restructuring of the Army reseme wlw rejected by Congress in 1965, the plans of the Administration to introduce anothev reorganizatzan proposal to Congress in January 1966 indicate that the questions asked about the rational Guard are still pertinent. It is the purpose of this article to p ~ o - aide information to ~spiain these questions of the functions and goals of the .Vattonal Guard.

I. INTRODUCTIOX

On December 11, 1964, Secretary of Defense Robert S. McSamara electrified the personnel of the Armed Forces by a semi-official announcement. The Secretary declared in effect that the Army h'ational Guard would absorb the organized units of the Army Reserve by a process of alignment of the Reserve into the existing structure of the Army National Guard.'

In the language of laymen, this seems to indicate that within the short span of two years, the Army National Guard will become the sole reserve campanent of the United States Army in the matter of identified units such as divisions, brigades, or companies. The present Army Reserve would cease to contain numbered units, but would include individual reservists in a manpower pool. The proces8 of Consolidation presumably will not stop with the Army Sational Guard. It is foreseeable that the Air

*The opinions and concI~8mn~expressed herein are those of the author

and do not neeessanly represent the V L ~ W P of The Judge Advocate General's

School or any other governmental agency.

'* JAGC, Cal ARNG; Deputy Attorney General of California; LL.B., 1933, Stanford University Law School; Member of the Bar a i the State of California; Chairman. California Civil War Centennial Commmsmn.

See New York Timer, Dee. 13, 1864, $ 1, p. 1, mi. 8. 39

*OD e l l a

Xational Guard may become the unit reserve component of the Air Force and the present so-called Air Reserve may be reconstituted into the Air National Guard.

On September 16, 1966, a joint House and Senate conference committee rejected the re~erve merger plan.z The administration, however, is planning to introduce another merger plan in January 1966, when Congress reconvene^.^

The purpose of this study 1s to trace the inception and the course of development of the National Guard from an early day Militia. The historical development of the Sational Guard under the United States Constitution is a necessary basis of our study. In order to understand the present federal-state balance of the Army and the National Guard under the Constitution. we must go back to the formative period of the Federal Government, and even prior to that time, consider the colonial beginnings of what became the Organized Militia.

11. HISTORICAL BACKGROUND USTIL 1787

1. THE COLOSIAL PERIOD

   After George Washington took command of the colonial forces at Cambridge an July 3, 1776, the strength of the ready American militia in various stages of training was about 17,000 men, of whom 16,000 were present for duty., Gradually a Continental Army was formed by the addition of new regiments raised from the militia of the various colonies, following the English practice of a regiment composed af ten companies of 69 men each.'

   The first Continental Army was comprised of volunteers from the militia of the 13 states. At the outset, the militiamen were recruited far one year. "Continental Army" was something of a generic expression and referred to the available men under Army command, inclu~ive of militia units added to the Army 8s needed. The starting point of the Continental Army is generally regarded as occurring on June 14, 1775. uhen Congress authorized oneregiment of ten companies of riflemen recruited for one year from Pennsylvania, Virginia, and Maryland.'

   *See New York Times, Sept. 16, 1066, p. 1, eol. 2, and p IO, e d 3

   3 Ibd.

   4 SPAULDIKD, THE UNITED STATES ARMY IN WAR .&XD PUCE 36 (193:)

   3 See zd. at 30.a See 2 JOURSALS

   OF THE CONTIIENTAL Colio~~ss

   89-90 (Worthmgton ed.

   40 AGO 61268

   1806) [hereinafteroted as JOLIRIALS].

   NATIONAL GUARD

   On July 18, 17iS, Congress adopted what has been called the "first military service act of a national American deliberative assembly , , . .I' . Congress proposed to all the colonies that able-bodied males, aged 16-60 years, be formed into regular companies of militia. The measure stated that minute-men could "be relieved by new draughts. . . from the . . . milttia, once in four months." This was a proposal that the colonies draft militiamen to meet the quotas suggested to them by Congress. During the war, at least nine of the colonies drafted men from the untrained militia in order to meet quotas set by Congress.'

   During the Revolutionary War, Congress regarded all volunteers as militiamen. The militia levies by Congress during the eight years of the War reached the number 164,087 mi1itia.O It should be understood that what mar seem to be a very large force of militiamen extended to the total number of militiamen, in all stages of training, under military control for varying periods of time which might be as little as sixty days. Washington vas never able to raise an army composed af more than 20.000 men at an? one time, and usually he had about one-half of that number under his command.

2. THE CONFEDERATIOS, 1777-1787

   At the close of the War for Independence, the State Constitu. tion8 in nine states authorized compulsory military service.'O The Sew York Constitution of 1777 said that the militia of the state, "in peace as in war, shall be armed and disciplined, and in readiness for service." 11

   The Articles of Confederation were ratified by all the states by 1781. The Articles stated: IV. Every state shall alwaye keep up a well regviated and dliciplined militia, suffiemtlg armed and aeeaurered . , . nor shall an)' body of force8 [apart from the trained mht~a] be kept up by any in time of peace.

   DUCDIX, L E D I ~ L I ~ Z AND STATUTORY

   DFIELOPMEXT

   OF COUSCRIPTlOK FOR MILITARY SmRI.ICE 3 (1846)

   % BEL'HLER, COMPULSORY JIILITkRI SmnCE, in 8 DEBATERS' HELP BOW 8 (1941)

   Cutler, History of Mllltary Conscrlptm wlth Especial Referenee to United States 39 (1022) (unpublmherl doctorate them m Clark Unwermty Library). This IS B most mformatws work.

   j0

   LUCK. Coascnrmoli IX TXE Um~m

   STATES: HIITORICAL

   BACKCROUND

   OF FEDERAL

   COWCEPI

   IX (1962)

   5 THORPE, AMERICAN CHARTERS, COISTITCTIONS AND Onc~mc Laws 2637(1000).

   AGO 6iZLB

   VIII. All charges of war . . far the common defense . . shall be allowed by the United States I" Congress assembled . . . Out of the common treaews.. .

   1X. The Vnited States [will exercise the] appointing of all officers

   I" the land forces in the service of the United States, excepting regmental offirerr , , the United States shall agree upon the nvmber of the land forces and make reqursitioni from each state far It5 quota.. . .

   The essential feature demonstrated by the Articles of Con-federation was that a well-regulated militia was to be kept up in each state and was subject to requisition by the United States. All general officers were to be appointed by the United States Government, and Congress had sole power to make rules for the government of the land forces and to direct their operations. When Congress requisitioned men from the states, a11 expenses were to be met by the United States Government.

3. THE IYFLCEXCE OF WASHISGTOS, V0.Y 5'TECBE.V AKD JEFFERS0.h'

   In May 1783, George Washington wrote his "Sentiments on a Peace Establishment" suggesting a military policy for the United States, In his nnting. Washington stressed the need for a "well organized Militia: upon a Plan that will pervade all the States, and introduce similarity in their Establishment Maneuvres, Exercises and Arms."

   General Washington further proposed a regular army to be used for garrison purposes on the frontiers, the introduction of one or more academies for instruction in the military arts, the creation of arsenals for materiel stores, and the establishment of factories of materiel stares. He recommended a national force of no less than 2,631 officers and men. In substance, Washington called for a small standing army plus a well-organized militia to receive definite training under uniform supervision.

   Baron Friedrich von Steuben had been Inapector General in the Continental Army. In 1784. von Steuben formulated a eomprehensive plan for an "Established Militia," He proposed that a total force of 25,000 men include 21,000 well-disciplined militia. The militiamen shouid receive 31 days annual training. The

   Letter from George Waahington to Alexander Hamilton, May 2, 1783, inPALPER, ~~''*SXINOTON-LINCOLN-WlLSDI

   THREE WIR STliTEBsEX 37676

   AMERICA

   12 ARYS 12 (1941).42 A00 RLISB

   i1OSO) i PALMER.

   NATIONAL GUARD

   country would be divided into three geographical military departments, and there should be a military academy in each department. The three schoois would train leaders for the citizen army which would be enlisted for three years service.''

   The proposals of Washington and yon Steuben envisioned a military organization remarkably similar to the United States Amy and the Army National Guard of the present day. The National Guard of 1966 constitutes a well-organized, uniformed, trained reserve component created through volunteer enlistment stimulated by the impact of Selective Service. When a national emergency should arise, the trained National Guard units promptly are absorbed into a vastly expanded national arm)..

   Thomas Jefferson recognized the "necessity of obliging every citizen to be a soldier , , , we must train and clarify the whole of our male citizens, and make military instruction a regular part of collegiate education."

   The paradox of the colonial concept of a militia is disclosed in Jefferson's words. Jefferson regarded every man...