CITIZEN AND SOLDIER

Dethloff and Shenk have selected an informative collection of significant documents pertinent to American military service. Encompassing all eras of American history, this work will be instructive as a text or reference for those learning how the United States has raised its military forces. Joseph G. Dawson III, Professor of History, Texas A&M University Americans grow up expecting that in a time of need their country can depend on its people for volunteer service to the military. Indeed, this has been a social and at times legal expectation for the citizenship of this country since 1776. Yet, since the end of World War II, United States forces have been caught up in many long-term military engagements, and the military aspect of citizenship has become an increasingly marginalized one in a world where only a minority of citizens even vote. Citizen and Soldier: A Sourcebook on Military Service and National Defense from Colonial America to the Present provides a useful framework and supporting documentary evidence for an informed discussion of the development of the American ideal of the “Citizen-Soldier.” Presented with insightful introductions and useful discussion questions, this concise collection of thirty-six primary documents takes a close look at the United States military and shows how it became entwined with the rise of American national identity. Henry C. Dethloff is Professor Emeritus of History at Texas A&M University in College Station, Texas. He is the author of many books, the latest being Texas Aggies Go to War: In Service of Their Country. Gerald E. Shenk is Professor of Social History at California State University, Monterey Bay, and author of Work or Fight! Race, Gender, and the Draft in World War One.

CITIZEN AND SOLDIER
A SOURCEBOOK ON MILITARY SERVICE AND NATIONAL DEFENSE FROM COLONIAL AMERICA TO THE PRESENT

EDITED BY HENRY C. DETHLOFF GERALD E. SHENK

or in any information storage or retrieval system. Shenk. NY 10016 Simultaneously published in the UK by Routledge 2 Park Square.2′230973—dc22 2010004739 ISBN 0-203-84648-6 Master e-book ISBN ISBN13: 978–0–415–87703–9 (hbk) ISBN13: 978–0–415–87704–6 (pbk) ISBN13: 978–0–203–84648–3 (ebk) . Abingdon. 4. To purchase your own copy of this or any of Taylor & Francis or Routledge’s collection of thousands of eBooks please go to www. 2010. cm. Voluntary—United States—History—Sources. I. now known or hereafter invented.First published 2011 by Routledge 270 Madison Avenue. II. p. New York. Henry C.uk. Draft—United States—History—Sources 3. an informa business This edition published in the Taylor & Francis e-Library. 2. mechanical. Includes bibliographical references. United States—Armed Forces—Recruiting. without permission in writing from the publishers. UB323.tandf. Dethloff and Gerald E. Milton Park.C55 2010 355.—History— Sources. including photocopying and recording. Trademark Notice: Product or corporate names may be trademarks or registered trademarks. etc. No part of this book may be reprinted or reproduced or utilized in any form or by any electronic. enlistment. 1. or other means. and are used only for identification and explanation without intent to infringe. Military service.eBookstore. © 2011 Taylor & Francis All rights reserved.co. Library of Congress Cataloging-in-Publication Data Citizen and soldier: a sourcebook on military service and national defense from colonial America to the present / edited with an accompanying narrative by Henry C. Dethloff. Oxon OX14 4RN Routledge is an imprint of the Taylor & Francis Group. Shenk. Citizenship—United States—History—Sources. Gerald E.

and a Professional Military Corps. 1916–1940 World War II. 1940–1947 vii viii ix 1 8 21 34 Chapter 4 58 Chapter 5 88 111 Chapter 6 . Selective Service. 1898–1916 Modern Warfare: Universal Military Training. and Conscription. 1800–1898 The Spanish-American War and the Building of Modern Armies. Conscription.CONTENTS List of Figures List of Tables List of Documents Introduction Chapter 1 Chapter 2 Chapter 3 Colonial and Revolutionary America The Early National Period Volunteers.

vi • Contents Chapter 7 The Cold War: Korea. Vietnam. and the Changing Dimensions of Military Service The All-Volunteer Military and Post 9/11 Veterans Educational Assistance Citizen and Soldier 128 Chapter 8 159 212 223 227 230 Chapter 9 Documentary Sources Suggested Reading Index .

August 23.2 U.FIGURES 1.1 The Commonwealth of Massachusetts Calls for Recruits.3 This is the Army 6.S.1 “Beat the Draft. 1862 4. Navy Uniforms of the Spanish-American War 5.5 Defense Spending as a Percentage of GDP 19 41 60 61 97 113 114 116 117 126 .1 The Rough Riders 4. Join Now” 6.1 “Take Notice: A Call to Join the Troops Now Raising Under General Washington” 3.1 The “Volunteer” Tradition 6.4 The Women’s Army Corps 6.2 Uncle Sam’s “I Want You” 6.

1776–2006 Selective Service: Induction by Years.2 Military Engagements.1 6. 1948–1973 Military Engagements.1 7.TABLES 0.1 7. 1945–2000 2 118 152 156 . 1917–1947 Selective Service: Induction by Years.

January 9th.3 Second Confiscation Act. 1865 3. 1862 3.1 George Washington.2 Laws of Virginia.1 The First Laws Made by the Assembly in Virginia.1 The Dick Militia Act.5 Morrill Land Grant College Act. 1643 1.6 Pennsylvania Militia Act Passed by the Colonial Assembly. Sentiments on a Peace Establishment 2. March 1657–1658 (9th of Commonwealth) 1. March 1658–1659 (10th of Commonwealth) 1.1 Selective Service Act.1 Daniel Webster on Conscription 3.2 The Militia.5 Pennsylvania Charter of Privileges. 1917 5. 1791 2. 1701 1.DOCUMENTS 1. Anno MDCXXIII (1623–24) 1.3 Amendments to the Constitution.7 Military Service and the Declaration of Independence 2.4 The Uniform Militia Act. 1792 3. and the Constitution of the United States 2. 1862 (The Morrill Act) 4.3 Laws of Virginia. 1916 5. 1940 6. 1903 4.2 The National Defense Act. 1863 3. 1755 1. 1944 7.1 The Servicemen’s Readjustment Act (GI Bill).2 Selective Training and Service Act.4 Petition of the Colored Citizens of Nashville. Military Service.1 Executive Order 9981 9 10 11 11 13 14 16 22 27 28 29 36 43 46 47 49 64 71 89 101 119 131 .2 Civil War Conscription: Union.4 New England Articles of Confederation.

3 Emiliano Santiago v.7 Secretary of Defense Robert M.2 Channeling Manpower.” 2009 8.4 U. Armed Forces 8.4 Title V–Veterans Educational Assistance Act 8.8 U. 1970 7. “America’s Greatest Asset” 134 136 139 143 145 147 153 164 174 181 188 197 206 208 . General Lewis B. 1974 7. 1981 8.5 Summary of the Report of the Presidential Commission on an All-Volunteer Armed Force. Hershey.x • Documents 7. 1965 7. 1972 7.S. Goldberg.6 Equal Rights and Opportunities for Women in the Navy.6 Gerry J. Rumsfeld.2 The All-Voluntary Military: Issues and Performance 8. “All Services Meet or Exceed October Recruiting Goals. Gates. Seeger.3 Selective Service System: Present Operations of the System and Local Draft Boards 7. Supreme Court.S. Secretary of Defense 8. 1965 7. Gilmore. Donald H. United States v.S. Supreme Court. Rostker v.7 Department of Defense Appropriation Authorization Act.1 Secretary Rumsfeld Speaks on “21st Century Transformation” of U.5 Revolving and Management Funds 8.

These included Native Americans. rangers. with the possible exception of World War II. governing authorities have promoted a common expectation that male citizens would volunteer their service to the home guard. Air Force. or operations against hostile or potentially hostile forces in all but two of the sixty-plus years since the end of World War II in 1945. Army. Navy. Well into the twentieth century the tradition prevailed that large armies are to be raised only in times of major wars and to be demobilized in times of relative peace. encounters. It has. if the United States had a “war gate” open only in times of peace such as that of ancient Rome. war and international confrontations rather than peace have been the rule rather than the exception as indicated in Table 0. But the United States has always maintained at least . Through it all. indentured servants. since 1776. women and homosexuals. from the beginning of American colonization to the present. and. in the twentieth century. 1776–2006. the gate would have been open for less than two decades over the two-hundred-plus years since the adoption of the Articles of Confederation or the Constitution. slaves. on the other hand.INTRODUCTION The military forces of the United States have been engaged in combat. military occupation. Contrary to popular perceptions. resulted in anything close to a universal willingness of male citizens in all regions of the country to take up arms when called. provided a powerful incentive to recruits whose citizenship status was denied or limited. Marines.1 denoting military engagements. or Coast Guard as may have been appropriate at the time. But this common expectation has only rarely. Indeed. colonial or state militia. National Guard. recent immigrants.

Inclusive Dates 1776–1783 1782–1787 1786–1787 1790–1795 1801–1815 1811–1812 1812 1812–1815 1813 1813–1814 1817–1818 1823 1827 1827 1831 1832 1834 1835–1836 1835–1842 1835–1845 1836–1837 1836 1836–1838 1837 1846–1848 1847–1848 1849–1855 1849–1861 1849–1861 1850 1851–1852 1851–1856 1853–1856 1854 1855 1855 1855 1855–1856 1855–1858 1857 1858 . Fever River expedition against Illinois Indians Winnebago expedition/LeFevre Indian War Sauk & Fox Indian War Black Hawk War Pawnee expedition Toledo War Florida or Third Seminole War Texas Revolt from Mexico Border incursions Sabine Disturbance/Louisiana Heatherly Indian Troubles/Missouri–Iowa Cherokee Revolt and Removal Osage Indian War War with Mexico Cayuse Indian War/MO Texas and New Mexico Territory Indian War Navajo Resistance/New Mexico Texas Indian Wars Pit River Expedition/California Expeditions against California Indians Rogue River Indian War/Oregon Territory Bleeding Kansas/Harper’s Ferry Oregon Indian War Yakima Expedition Klamath and Salmon River Indian War Winna’s Expedition against Snake Indians Cheyenne and Arapaho Conflict Florida Indian War Sioux Indian Conflict Expedition against Indians in Washington Ter.I Military Engagements. 1776–2006 Campaign or Expedition American Revolution Wyoming Valley War/PA Shay’s Rebellion War with Northwest Territory Indians War with Tripoli Tecumseh/Indian Wars of Indiana Territory Seminole War War of 1812 Peoria Indian War Creek Indian War Second Seminole War War against Arickaree Indians/Upper Mo.2 • Introduction Table 0. R.

continuous naval occupation Cuba. intervention in civil war Honduras. Marines intervene Cuba. Marines intervene Chippewa Conflict Spanish-American War Boxer Rebellion/China Puerto Rico occupation Guam occupation War against Filipino Resistance Cuba occupation Bluefields. Indian Territory Pecos Expedition/Texas Kiowa and Comanche Expedition Navajo Expedition Campaign against the Cheyenne Secession and Civil War Indian Wars of the Great Plains Campaigns against Indians of far Northwest Military Reconstruction Mexican Border Conflicts Modoc Indian War/California and Oregon Nez Perce Indian War Bannock Indian War Argentina intervention Wounded Knee/Expedition against Sioux Haiti intervention Conflict with Chile/Venezuela and Cuban Revolt Marines Land in Hawaii Nicaragua intervention Sino-Japanese War. Marines intervene Honduras. Marines intervene Dominican Republic. Marines intervene Honduras. Marines intervene Bluefields. Nicaragua. Nicaragua occupation Panama occupation Honduras. Marines intervene Nicaragua. Marines intervene War in Muslim Mindanao–Philippines Korea/Russo-Japanese War.Introduction • 3 Campaign or Expedition Spokane. troops dispatched in civil war China. Marine intervention in election Inclusive Dates 1858 1858–1859 1859 1860 1860–1861 1861–1864 1861–1865 1862–1887 1865–1868 1865–1877 1867–1881 1872–1873 1877 1878 1890 1890–1891 1891 1891–1897 1893 1894 1894–1895 1895 1896 1898 1898–1899 1898–1900 1898– 1898– 1899–1901 1899–1902 1899 1901–1914 1903 1903–1904 1903–1915 1904–1905 1906–1909 1907 1909–1912 1911 1911–1941 1912 1912 . Marines intervene Panama. Coeur d’Alene and Paloos Conflict Wichita Expedition.

intervention in nationalist revolt Honduras. five interventions against Bolsheviks Panama. military police duty after elections Honduras. two interventions during elections Panama. Marine intervention Yugoslavia. troops suppress independence rebellion Korean Service Vietnam Service Cambodia invasion and subsequent incursions Cambodia Cambodia Evacuation Mayaguez Operation Iranian/Yemen/Indian Ocean Indian Ocean/Iran (N/MC) Inclusive Dates 1912 1912–1933 1913 1914 1914–1918 1914–1934 1916–1924 1916–1917 1917–1933 1917–1918 1918–1922 1918–1920 1919 1919 1920 1922 1922–1927 1924–1925 1925 1927–1934 1932 1940–1941* December 1941–April 1952 May 1945 to October 1954 May 1945 to October 1955 May 1945 to May 1955 May 1945 to October 1990 May 1945 to October 1955 September 1945 to April 1952 September 1945 to April 1957 1947–1949 1948–1954 1950 June 1950 to July 1954 July 1965 to March 1973 1969–1973 March 1973 to August 1973 April 1975 May 15.I continued Campaign or Expedition Honduras. military occupation World War I Russia. intervention against unionists Turkey. Marines suppress general strike China. Marine intervention Nicaragua. bombing and occupation Dominican Republic Marine occupation Pancho Villa/border incursions Cuba.4 • Introduction Table 0. Naval intervention—Marti Revolt Peacetime Draft World War II Navy Occupation of Trieste Navy Occupation of Austria Army Occupation of Germany (exclusive of Berlin) Army Occupation of Berlin Units of the Sixth Fleet (Navy) Army Occupation of Japan Chinese Service Medal Greece. Marines occupy for seven years El Salvador. Command Operation against Huk Rebellion Puerto Rico. against Serbs in Dalmatia Guatemala. intervention against nationalists China. Command Operation in Civil War Philippines. continuous troop occupation Mexican Revolution—evacuation of Americans Dominican Republic—Battle of Santo Domingo Mexico Naval and Marine interventions Haiti. 1975 December 1978 to June 1979 November 1979 to October 1981 .

oiwus. Naval Air attacks Virgin Islands. . evacuation of foreigners Southwest Asia (Desert Shield/Desert Storm) Somalia (Restore Hope) Rwanda (Distant Runner) Haiti (Uphold Democracy) Persian Gulf (Southern Watch) Persian Gulf (Intercept) Persian Gulf (Vigilant Sentinel) Zaire (Congo). Naval air invasion El Salvador. civil war Lebanon Grenada (Operation Urgent Fury) Honduras. quell Black protests Philippines. Office of Veterans Employment and Training. air cover against coup Panama (Operation Just Cause) Liberia. troops in support of Nicaraguan Contras Libyan Area Bolivia.S. 1952.org/qualifying.Introduction • 5 Campaign or Expedition Panama El Salvador Libya. U. Note: World War II Service is recognized by Congress as extending from December 7. Army cocaine raid Persian Gulf (Earnest Will) Libya. 1941 through April 28. Department of Labor. Balikatan operations Operation Iraqi Freedom Inclusive Dates April 1980 to December 1986 January 1981 to February 1992 1981 1981–1992 August 1982 to December 1987 October 1983 to November 1983 1983–1989 January 1986 to June 1986 1986 July 1987 to August 1990 1989 1989 1989 December 1989 to January 1990 1990 August 1990 to November 1995 December 1992 to March 1995 April 1994 September 1994 to March 1995 December 1995– December 1995– December 1995 to February 1997 1996–1997 January 1997– November 1998–December 1998 December 1998 March 1999 to November 1999 September 2001– November 2002– 2002– March 2003– Sources: Indian Wars: The Order of Indian Wars (http://www.htm) 1941– 1999. Marines Iraq (Northern Watch) Persian Gulf (Desert Thunder) Persian Gulf (Desert Fox) Kosovo [Various Operations] Operation Enduring Freedom (Afghanistan) Operation Northern Watch Philippines–Sulu.

the character of those responsible for the security. Even in times of great crises and national emergencies. all combined to imprint and continually reinforce upon Americans the link between citizenship and military service. Those who settled. the draft. . interests around the world. How we raise an army. That pattern is changing. such as the American Civil War. those who formed their own “civil Body Politick. A study of the volunteer.S. Armed Forces have preferred rights to U. The environment. It provides an historical overview of how and by whom American military units have been organized and raised since colonial times. were also those responsible for security and defense against foreign and domestic enemies. should women now share that obligation? Should foreign nationals who join the U.” as the Pilgrims defined their government under the Mayflower Compact in 1620. expanding and guarding national boundaries. their experiences and history. citizenship? Should willingness to serve in the Armed Forces be a condition for acquiring naturalized citizenship? Citizen and Soldier: A Sourcebook on Military Service and National Defense from Colonial America to the Present addresses the very contemporary concerns and issues about military service (who serves.6 • Introduction a small permanent ground and naval armed force whose duties included quelling domestic unrest. The study and interwoven key documents illustrate the persistence of the volunteer citizensoldier as a mainstay in American military preparedness. including Korea and Vietnam. protection. clearing and securing Indian territory for white settlers. protecting U. While the character of war and military service has changed remarkably in the four hundred years since the settlement of Jamestown in 1607. are topics that are at once timely and timeless.S. and also examines the dual but changing roles of state and federal authority in national defense.S. Should all male citizens of prescribed ages who are physically and mentally fit be obligated to military service or an approved alternative as they were from 1940 through 1974? If so. and defense of the home has changed relatively little. and who serves. This text seeks to provide a useful framework and supporting documentary evidence for the study. how. and why the United States raises an army. citizen-soldier necessarily examines the complementary issues of selective service. when. and universal military training. an army that has historically been dependent upon the volunteer. citizen-soldier. discussion. and during the post-World War II period of military occupation and Cold War confrontation. War and the character of battle are also changing. and evaluation of how. manpower raised through the draft or conscription (or selective service) generally supplemented the volunteer military forces. in World Wars I and II. and training and directing the mobilization of the citizen armies in times of declared or major wars. and why). but the concept of the citizen-soldier remains.

and who or what authority is calling them to serve have been matters of concern and a persistent issue of the American political and military experience. in every instance. and encourage further examination of the composition and controversies surrounding military service and the “call to arms. through wars great and small.” When does the nation raise an army? How does it draw upon the human resources available for military service? What have been the terms or provisions for military service? Why do some citizens serve and others do not? Let us examine—and understand—the ways! The response of volunteer citizen-soldiers to the call to arms in times of national crises has been truly historic. Nevertheless. The text does not examine the stories of battle or of victory or defeat. there is often a disinterest in issues associated with military service and less public knowledge about the institutional structures of “National Defense” and the composition of military forces. That is in part due to the fact that issues about military service usually arise when a society is under attack or in crises. and informative review of the processes and rationale for raising and maintaining the militia.Introduction • 7 The text seeks to define the issues. for what purposes one is called to serve. In “normal” or peaceful times (the latter being more imagined than real). issues regarding who should serve. as in the prior years and those years since. during that period. Nevertheless. political. the Reserves. rationales. and legislative or Constitutional actions that have defined the structure and composition of American armies since 1776—through wars “great and small” up to and including the engagements in Afghanistan and Iraq through 2007. wrongness. when they should serve. historical. the rangers. and the dangers and “crises” are seemingly less localized and less personalized. stimulate discussion. the home guard. nor attempt to judge the rightness. values. but offers a study of the processes. Does the dependence upon volunteers best serve the purposes of national defense and what after 9/11 was called “homeland security” in an increasingly global and complex community? The answers are often elusive. issues and questions relating to war and peace and to military service have become more acute. and armies and navies of whatever composition since the United States came into being. and personal responses to crises. Citizen and Soldier: A Sourcebook on Military Service and National Defense from Colonial America to the Present offers a broad. National Guard. the military forces of the United States have relied upon volunteers as the major source of recruits. Military service and national defense are critical elements of American history that bear directly upon national security and public. . or of heroism. As American military engagements have become increasingly global. or efficacy of war.

especially during the eighteenth century. it was the poor. The second is that involuntary enlistment in the militia came into conflict with a growing belief. increasingly during the eighteenth century. however. they reflected one hundred and fifty years of colonial military tradition and experience. the Declaration of Independence and the Constitution. and continuing into the Revolutionary War. Although these principles and military institutions were central to the Revolution against England. and demanded that the Virginia Company provide a mercenary army under his command that would allow . At the core of these traditions lay several apparent paradoxes that persist in American culture to the present day. A third paradox is that although militia service was officially associated with the status of free white males. In the seventeenth century. the Virginia Company expected its male settlers to be armed and prepared to defend themselves. established the principles and institutions that defined the role of the military in American life. yet there was a deep distrust of permanent military institutions. Captain John Smith felt that these men were unreliable as soldiers. when it came to that. and who would command them. These. The first is that in most colonies and local communities all free adult white males were involuntarily enrolled in the permanent militia. and sometimes former slaves who actually did the fighting. the indentured servants. are broad generalizations whose appropriateness varies from place to place at different times. But those men frequently challenged how and when they were to fight. in individual freedom and rejection of social hierarchies.CHAPTER 1 COLONIAL AND REVOLUTIONARY AMERICA The founding documents of the United States.

in that case the levying of men shall be done by order of the governor and whole body of the counsell and that in such sorte as to be least burthensome to the people and most free from partialitie. where homes and plantations were scattered across the countryside. That all the old planters that were here before or came in at the last coming of Sir Thomas Gates they and their posterity shall be exempted from their personal service to the warrs and any publick charge (church duties excepted) that belong particularly to their persons (not exempting their families) except such as shall be ymployd to command in chief. Pennsylvania was very different in this respect. Despite strenuous efforts to change this. ANNO MDCXXIII (1623–24) 9. The governor shall not withdraw the inhabitants from their private labors to any service of his own upon any colour whatsoever and in case the publick service require ymployments of many hands before the holding a General Assemblie to give order for the same..1 THE FIRST LAWS MADE BY THE ASSEMBLY IN VIRGINIA. In both Virginia and Massachusetts. militias tended not to be the best defense in the Chesapeake region. [. while men from both of these groups frequently demanded the right to join militias. where close-knit towns made militias more practical. The political power of the Quakers. such as the Mennonites and Amish.. and the presence of other pacifist religious groups. Free white men opposed the enlistments of white male indentured servants and Negroes. DOCUMENT 1.] 23. The following documents illustrate both differences and similarities with respect to whom was expected or required to perform military service in seventeenthcentury Virginia. Benjamin Franklin and others in Pennsylvania only succeeded in establishing a volunteer militia. . meant that mandatory militia duty for all white males never became associated with citizenship in Pennsylvania. 10.Colonial and Revolutionary America • 9 the settlers to cultivate their plantations in security without interruption. That every dwelling house shall be pallizaded for defence against the Indians. if called. But as John Smith had argued. eighteenth-century Pennsylvania. It was different in Massachusetts. and eighteenth-century Massachusetts. colonial statutes assumed that free white men would be armed and ready to fight as part of their respective militias. who had been invited there by William Penn with the promise that their pacifist beliefs would be honored.

. It is also notable that the community had an obligation to care for those who were hurt. those that shall be hurte upon service to be cured at the publique charge. [. ministers duties excepted. [. DOCUMENT 1.] 27. * * * These First Laws of Virginia made it very clear that every colonist had an obligation to assist in defense of the colony and their own household.) . presumably that they might organize and construct their farms and homes—but that ministers and their families were not exempted from service when called upon. MARCH 1657–1658 (9TH OF COMMONWEALTH) * ACT LIX. in quantity if not in quality. That at the beginning of July next the inhabitants of every corporation shall fall upon their adjoyning salvages as we did the last yeare.† shall be exempted from their personall service to the warrs and all publique charges..] 32. 25. Laws also provided for some degree of standard armaments for each household. injured. That all such persons as were here or came in at the last comeing in of Sir Tho: Yates. That no man go or send abroad without a sufficient partie well armed.* IT is enacted and confirmed by the authoritie aforesaid. That men go not to worke in the ground without their arms (and a centinell upon them).. or maimed in their course of defending the community.2 LAWS OF VIRGINIA.. not exempting their families (excepting such as shall be imployed in cheife. The 1657–58 law also provided a special exemption to a group of recent settlers. Old Virginians freed from Taxes. That the commander of every plantation take care that there be sufficient of powder and amunition within the plantation under his command and their pieces fixt and their arms compleate. in case any be lamed to be maintained by the country according to his person and quality.10 • Colonial and Revolutionary America 24.

males in every Plantation. the service of men and all charges of the war be borne by the poll: each Jurisdiction or Plantation being left to their own just course and custom of rating themselves and people according to their different estates with due respects to their qualities and exemptions amongst themselves though the Confederation take no notice of any such privilage: and that according to their different charge of each Jurisdiction and Plantation the whole advantage . and all other disbursements be borne by all the parts of this Confederation in different proportions according to their different ability in manner following. Prominent in both documents was the understanding that the defense of any one element of that union (colony. * * * The New England Articles of Confederation of 1643 in a very broad sense foreshadowed the adoption of the Articles of Confederation that were adopted by the Revolutionary Government of the United States in 1781. or any way belonging to or under their several Jurisdictions. 1643 1. from sixteen to threescore. BEE it enacted that a provident supplie be made of gunn powder and shott to our owne people. whether offensive or defensive.4 NEW ENGLAND ARTICLES OF CONFEDERATION. namely. Provision to bee made for Amunition. being inhabitants there. or household) was a responsibility and an expense to be borne by all. (vizt. of what quality or condition soever they be. as there shall be occasion. and this strictly to bee lookt to by the officers of the militia. bring a true account and number of all their males. And that according to the different numbers from which from time to time shall be found in each Jurisdiction upon a true and just account.) That every man able to beare armes have in his house a fixt gunn two pounds of powder and eight pound of shott at least which are to be provided by every man for his family before the last of March next. provisions. upon what part or member of this Confederation soever they fall. DOCUMENT 1.3 LAWS OF VIRGINIA. It is by these Confederates agreed that the charge of all just wars.Colonial and Revolutionary America • 11 DOCUMENT 1. and whosoever shall faile of makeing such provision to be fined ffiftie pounds of tobacco to bee laied out by the county courts for a common stock of amunition for the county. that the Commissioners for each Jurisdiction from time to time. plantation. MARCH 1658–1659 (10TH OF COMMONWEALTH) ACT XXV. shall both in men.

5. namely. whether before or after such order or alteration. that if any of these Jurisdictions or any Plantation under or in combination with them. the cause of such war or invasion be duly considered: and if it appear that the fault lay in the parties so invaded then that Jurisdiction or Plantation make just satisfaction. But none of the Jurisdictions to exceed these numbers until by a meeting of the Commissioners for this Confederation a greater aid appear necessary. Massachusetts adopted an act specifying that militia enlistments were to include “all Scotsmen. that in such a case three magistrates of the Jurisdiction may summon a meeting at such convenient place as themselves shall think meet. or any less number.12 • Colonial and Revolutionary America of the war (if it please God so to bless their endeavors) whether it be in lands. only whilst any of these four Confederates have but three magistrates in their Jurisdiction. shall be proportionately divided among the said Confederates. they may crave help there. And this proportion to continue till upon knowledge of greater numbers in each Jurisdiction which shall be brought to the next meeting. till there be an increase of magistrates there. their requests. forty five so armed and provided. But if such Confederate in danger may be supplied by their next Confederates. But in any such case of sending men for present aid. and bear all the charges of the war themselves. and each of the rest. Negers and Indians inhabiting with or . if less be required according to this proportion. not exceeding the number hereby agreed. the rest of the Confederates without any further meeting or expostulation shall forthwith send aid to the Confederate in danger but in different proportions. or persons. from any of them shall be accounted of equal force with the three mentioned in both the clauses of this article. It is further agreed. and seek no further for the present: the charge to be borne as in this article is expressed: and at the return to be victualled and supplied with the powder and shot for their journey (if there be need) by that Jurisdiction which employed or sent for them. some other proportion be ordered. upon notice and request of any three magistrates of that Jurisdiction so invaded. and there be time for a meeting. be invaded by any enemy whomsoever. to consider and provide against the threatened danger. both to the invaders whom they have injured. without requiring any allowance from the rest of the Confederates towards the same. the Massachusetts an hundred men sufficiently armed and provided for such a service and journey. it is agreed that at the meeting of the Commissioners for this Confederation. provided when they are met they may remove to what place they please. And further that if any Jurisdiction see any danger of invasion approaching. or summons. goods. * * * In 1652.

contrary to their religious Persuasion. In 1700. vol. shall not be found sufficiently provided with arms. shall be. 1701 Because no People can be truly happy. though under the greatest Enjoyment of civil Liberties. be at least one pound of powder and 2 pounds of bullet. or to DO or SUFFER any OTHER ACT or THING. Pennsylvania law prohibited “any colored person whatsoever from carrying any guns. III. 1). because of his or their conscientious Persuasion or Practice. contrary to his or their Mind. “four years later the legislature prohibited the mustering in of Negroes or Indians. . vol. swords. DOCUMENT 1. MOLESTED or PREJUDICED in his or their PERSON or ESTATE. who only doth enlighten the Minds. . Father of Lights and Spirits. His Royal Highness the Governor is willing to furnish them” (Whisker. And if the Inhabitants . nor be compelled to frequent or maintain any religious Worship. 1992. if abridged of the Freedom of their Consciences. and the Author as well as Object of all divine Knowledge. That no Person or Persons inhabiting in this Province or Territories. clubs or other arms or weapons.” This was not repealed until after independence (Whisker. pistols. . Place or Ministry. as to their Religous Profession and Worship: And Almighty God being the only Lord of Conscience. . fowling pieces.5 PENNSYLVANIA CHARTER OF PRIVILEGES. IN ANY CASE. and persuade and convince the Understandings of People.Colonial and Revolutionary America • 13 servants to the English. pp. p. upon a penalty for their neglect . III. explaining the step as necessary in the interests of ‘the better ordering and settling of severall cases in the military companyes. Faith and Worship.’” PENNSYLVANIA’S COLONIAL MILITIA Pennsylvania’s 1671 “Laws of the Duke of York” required that every person who can bear arms from 16 to 60 years of age “be always provided with a convenient proportion of powder and bullet for service for their Mutual Defence. 1992. . 2–3). That the quantity of powder and shot . * * * .” According to historian Benjamin Quarles. I do hereby grant and declare. Upholder and Ruler of the World. the Creator. . who shall confess and acknowledge one Almighty God. and profess him or themselves obliged to live quietly under the civil Government.

and for each Company. and to commission the best qualified to levy. . vol. stating his objections as follows:] It seems rather calculated to exempt Persons from Military Services than to encourage and promote them. . in the Way of Ballot.: The King. III. when the Governor issued: a proclamation requiring the inhabitants to prepare themselves in the best manner they can. 1992. vetoed this act. [Ed. or party of volunteers. vol. (Whisker. shall by virtue of this act. . . also. it shall and may be lawful for the Freemen of this Province to form themselves into Companies. by Majority of Votes. 4) DOCUMENT 1. be compelled or led more than three days march beyond the inhabited parts of the province. either in their liberties. Provided. as heretofore they have used in time of War without Law. nor detained longer than three weeks in any garrison. who have not first voluntarily and freely signed the said articles after due consideration as aforesaid. III. 62–63). nor any other persons of what persuasion or denomination soever. No methods are prescribed for compelling Persons to Associate in Defence of their Country or for obliging those who . . &c . first voluntarily entered into and subscribed by every man so to march or remain in garrison (Whisker.” Pennsylvania Quakers managed to block the enactment of a mandatory militia law until 1743. that nothing in this act shall be understood or construed to give any power or authority to the governor or commander-in-chief. pp. muster and train them . to make any articles or rules that shall in the least affect those of the inhabitants of the province who are conscientiously scrupulous of bearing arms. to repel any attack that may be made upon us. persons or estates. to chuse its own Officers. and the said officers. p.14 • Colonial and Revolutionary America In 1705. for the better ordering and regulating such as are willing and desirous to be united for Military Purposes within the Province . Provided. . the Pennsylvania Assembly passed a voluntary militia act which provided for enlisting “such as are Willing and Desirous to be United for Military Purposes. that no regiment.6 PENNSYLVANIA MILITIA ACT PASSED BY THE COLONIAL ASSEMBLY. without an express engagement for that purpose. however. obliging them to appear well armed and accoutred at convenient stated times for their instruction in military discipline and whenever else it shall be necessary for the defence of the Province. 1992. 1755 From and after the Publication of this Act. company.

vol. adopted in 1776. the draft. p. and no provision is made for that due Subordination. is voluntary. It set important guidelines and precedents regarding the relationship between civil and military authority. both in respect of Enlistment and of subsistence of those who may be enlisted. established the causes and context for creating and organizing the military forces of the new government of the United States. It was.Colonial and Revolutionary America • 15 are conscientiously scrupulous of bearing arms themselves to find others in their stead. that is. III. That no Persons under Twenty-one Years of Age shall be Enlisted. without which all Bodies of Men associated for Military purposes would be absolutely useless. with the British attacks on Lexington and Concord in Massachusetts colony. and local. The standing army and the militia were both to be sustained by citizen volunteers—not through forced conscription. or to provide for such as might by the Executive power be found ready and willing to enlist. Americans faced the necessity of creating a fighting force sufficient to repel British occupation and attack and to win independence. The Declaration of Independence. The American Revolution established the precedent that American military forces should comprise a small standing army to be complemented by a larger and more diverse militia as might be needed for national defense. or Party shall be compelled or led three days March beyond the Inhabited Parts of the Province.” In 1775. by which means many able bodied Men fit for the Service of their Country as Soldiers would be excluded. this militia tradition that linked citizenship with military service. But that these are not to be the only Defective and Mischievous provisions of this Act. accepted by the King which required lists of all male inhabitants above age 17 and under age 55. including the propositions that: . after all. Free adult males over the age of 16 in most jurisdictions were considered members of their local militias. The Officers are to be elected by ballot. and no Regiments. Company. for it is enacted. * * * The Assembly finally passed a revised act in 1756–57. let the necessity of the case be what it will (Whisker. The whole. The creation of the American armed services derived from pooling existing colonial militia. 1992. and in this technical sense their service was not voluntary. It also exempted “such persons as are noted in said Lists to belong to or frequent those Religious Societies or Congregations whose Tenets and Principles against bearing Arms. nor be detained against their Wills longer than three weeks in any Garrison. pioneer home-defenders not affiliated with an organized militia into a to-be-created small “national” regular army and navy. 74).

Prudence. a decent Respect to the Opinions of Mankind requires that they should declare the causes which impel them to the Separation. the separate and equal Station to which the Laws of Nature and of Nature’s God entitle them. THE UNANIMOUS DECLARATION OF THE THIRTEEN UNITED STATES OF AMERICA WHEN in the Course of human Events. Military personnel should be accountable for criminal actions against civilians. that whenever any Form of Government becomes destructive of these Ends. and with an equally strong sentiment for personal independence and self-government. The United States came into being with a strong antipathy toward military authority. that all Men are created equal. WE hold these Truths to be self-evident. that among these are Life. and to institute new Government. deriving their just Powers from the Consent of the Governed. will dictate that Governments long established should not be . that they are endowed by their Creator with certain unalienable Rights. 2. Americans should not be subject to forced conscription in the (then British) army and navy. JULY 4. as to them shall seem most likely to effect their Safety and Happiness. 5. 3. Armed troops should not be quartered among civilian populations. and organizing its Powers in such Form. Governments are instituted among Men. Standing armies should not be maintained among the people in times of peace.16 • Colonial and Revolutionary America 1. Key phrases relating to the reasons for a declaration of war and a call to arms have been highlighted in bold type: DOCUMENT 1. indeed. and to assume among the Powers of the Earth.7 MILITARY SERVICE AND THE DECLARATION OF INDEPENDENCE ACTION OF SECOND CONTINENTAL CONGRESS. laying its Foundation on such Principles. 4. it is the Right of the People to alter or to abolish it. it becomes necessary for one People to dissolve the Political Bands which have connected them with another. The guidelines established by the Declaration of Independence continue to influence who serves in the Armed Forces of the United States. Liberty and the Pursuit of Happiness — That to secure these Rights. and when and why they enter the military services. 1776. The military should not be independent of or superior to civil authority.

and the Convulsions within. HE has affected to render the Military independent of and superior to the Civil Power. HE has kept among us. to become the Executioners of their Friends and Brethren. HE has endeavoured to prevent the Population of these States. have returned to the People at large for their exercise. without the consent of our Legislatures. scarcely paralleled in the most bar barous Ages. HE has plundered our Seas. HE has refused for a long Time. that Mankind are more disposed to suffer. Such has been the patient Sufferance of these Colonies. and totally unworthy of the Head of a civilized Nation. it is their Duty. at this Time. already begun with circumstances of Cruelty and Perfi dy.Colonial and Revolutionary America • 17 changed for light and transient Causes. for that Purpose obstructing the Laws for Naturalization of Foreigners. and Tyranny. To prove this. all having in direct Object the Establishment of an absolute Tyranny over these States. and destroyed the Lives of our People. or to fall themselves by their Hands. it is their Right. the State remaining in the mean time exposed to all the Dangers of Invasion from without. incapable of the Annihilation. and unacknowledged by our Laws. whereby the Legislative Powers. by declaring us out of his Protection and waging War against us. pursuing invariably the same Object. HE is. by a mock Trial. The History of the present King of Great-Britain is a History of repeated Injuries and Usurpations. ravaged our Coasts. . in Times of Peace. to throw off such Government. transporting large Armies of foreign Mercenaries to compleat the Works of Death. Standing Armies. from Punishment for any Murders which they should commit on the Inhabitants of these States: HE has abdicated Government here. and accordingly all Experience hath shewn. burnt our Towns. and raising the Conditions of new Appropriations of Lands. FOR protecting them. to cause others to be elected. than to right themselves by abolishing the Forms to which they are accustomed. while Evils are sufferable. after such Dissolutions. and to provide new Guards for their future Security. evinces a Design to reduce them under absolute Despotism. and such is now the Necessity which constrains them to alter their former Systems of Government. let Facts be submitted to a candid World. refusing to pass others to encourage their Migrations hither. Desolation. But when a long Train of Abuses and Usurpations. giving his Assent to their Acts of pretended Legislation: FOR quartering large Bodies of Armed Troops among us. HE has combined with others to subject us to a Jurisdiction foreign to our Constitution. HE has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country.

Clark. and that as FREE AND INDEPENDENT STATES. John Penn. Thos Heyward. Samuel Chase. DELAWARE. Geo. of Carrollton. Geo. Robt. Arthur Middleton. Joseph Hewes. VIRGINIA. SOUTHCAROLINA. James Wilson. Taylor. and of Right ought to be. with a firm Reliance on the Protection of divine Providence. would inevitably interrupt our Connections and Correspondence. acquiesce in the Necessity. NORTH-CAROLINA. Clymer. Jefferson. We have reminded them of the Circumstances of our Emigration and Settlement here. NEW-JERSEY. as we hold the rest of Mankind. Thomas Lynch.. the Representatives of the UNITED STATES OF AMERICA. Benja. the merciless Indian Savages. Smith. contract Alliances. Carter Braxton. is unfit to be the Ruler of a free People. Hopkinson. is an undistinguished Destruction. Assembled. Friends. that they are absolved from all Allegiance to the British Crown. jr. Read. John Morton. establish Commerce. appealing to the Supreme Judge of the World for the Rectitude of our Intentions. Fras. Witherspoon. Livingston. That these United Colonies are. Wm. which. and hold them. Richd.18 • Colonial and Revolutionary America HE has excited domestic Insurrections amongst us. Geo. Wm. Phil. therefore. We have appealed to their native Justice and Magnanimity. Thos. Ths. which denounces our Separation. Enemies in War. therefore. Jas. Stockton. Abra. MARYLAND. NEW-HAMPSHIRE. Caesar Rodney. Thos. whose Character is thus marked by every act which may define a Tyrant. We have warned them from Time to Time of Attempts by their Legislature to extend an unwarrantable Jurisdiction over us. Lyman Hall. Wm. do. and to do all other Acts and Things which INDEPENDENT STATES may of right do. junr. in the Name. IN every stage of these Oppressions we have Petitioned for Redress in the most humble Terms: Our repeated Petitions have been answered only by repeated Injury. in Peace. And for the support of this Declaration. is and ought to be totally dissolved. Franklin.. Ross. they have full Power to levy War. Floyd. Benja.. Harrison. We must. Sexes and Conditions. Benjamin Rush. John Hancock. whose known Rule of Warfare. solemnly Publish and Declare. conclude Peace. Charles Carroll. Hooper. John Hart. and that all political Connection between them and the State of Great-Britain. Lewis Morris. and our sacred Honor. PENNSYLVANIA. GEORGIA. WE. Francis Lightfoot Lee. A Prince. . Morris. junr. Frank Lewis. of all Ages. Jno. Richard Henry Lee. Edward Rutledge. Nelson. Walton. in GENERAL CONGRESS. and by Authority of the good People of these Colonies. Geo. we mutually pledge to each other our Lives. George Wythe. Geo. and has endeavoured to bring on the Inhabitants of our Frontiers. NEW-YORK. and we have conjured them by the Ties of our common Kindred to disavow these Usurpations. Stone. Button Gwinnett. our Fortunes. Paca. They too have been deaf to the Voice of Justice and of Consanguinity. FREE AND INDEPENDENT STATES. NOR have we been wanting in Attentions to our British Brethren.

Robt.1 “Take Notice: A Call to Join the Troops Now Raising Under General Washington. Treat Paine. Huntington. Oliver Wolcott. IN CONGRESS. and the authority to raise a Continental army.” What is particularly interesting about this broadside is that it provided the key elements for a recruiting broadside used in World War II. Roger Sherman. FIGURE 1. Texas A&M University. MASSACHUSETTS-BAY. Matthew Thornton. * * * Although the Articles of Confederation granted the new Congress authority in matters of war and peace. Wm. Saml. JANUARY 18. 1777. but depended upon volunteers. William Ellery. Saml. John Adams. C. Williams. Whipple. Step. . Volunteers for that army came from the thirteen independent states who competed with federal authorities for volunteers for state militia units from that same pool of human resources. Hopkins. Source: Cushing Memorial Library and Archives. Thus. the national government had no authority to compel anyone to serve. Elbridge Gerry. Adams.Colonial and Revolutionary America • 19 Josiah Bartlett. CONNECTICUT. all military personnel were inherently militia. employed in the service of the United States or under the authority of a particular state. RHODE-ISLAND AND PROVIDENCE. Wm.

How were they similar? 2. Volunteers for that army came from the thirteen independent states who competed with federal authorities from the same pool of human resources for the volunteers to fill the ranks of state militia units. What seemed to be the major stimulus or cause for the Laws of Virginia creating defensive forces and imposing a personal discipline relating to defense? Describe the specific provisions in the documents having to do with defending homes. 6. Pennsylvania. and who was not? 3. What complaints related to military service and the maintenance of armies did the Declaration of Independence describe? What differences can you find between the King’s forces described in the Declaration of Independence and the colonial militia? 4. all military personnel were inherently militia. employed in the service of the United States or under the authority of a particular state. What specific passages in the documents reproduced here offer evidence that indicates how colonial authorities determined who was expected to serve. How did their differences reflect what was unique about each? 2. but depended upon volunteers (Figure 1. QUESTIONS AND ISSUES 1.1). What was the nature or character of the militia organized by Pennsylvania? How did this seem to differ from militia in the other colonies? 7. Did the Declaration of Independence seem to draw upon colonial experiences? If so.20 • Colonial and Revolutionary America While the Articles of Confederation granted the Congress authority in matters of war and peace. Thus. What is the difference between a militia and an army? 5. and the authority to raise a Continental army. During the colonial era. in what manner? What “values” seem to be at the core of the Declaration of Independence as it relates to military service? . the national government had no authority to compel anyone to serve. and New England each developed their own traditions of military service: 1. Virginia.

greatly influenced the design and construction of the military created by the new government of the United States of America. or paid armies.” Each state. Washington was also concerned about maintaining a large standing army. and that many in those standing armies were mercenary soldiers. Tradition calls these men “citizen-soldiers. and they should establish academies for the instruction of military training—particularly as that training related to engineering and artillery. Washington objected strongly to the use of mercenaries. A major grievance of the Declaration of Independence was that the King of England maintained large standing armies among peaceful civilian populations. . should have a “well trained militia” and each of those militias should be similar in its organization and armaments. The army of the new republic depended for its recruits and officers on volunteer soldiers.” but military organization and structures within the new Republic drew heavily from colonial experiences. the “necessities” for maintaining the “national defense” and the preservation of peace. as well as American military experiences during the Revolution. and specifically from the insight and recommendations of George Washington. It was. who might subvert the liberties of the people they were hired to defend. he said. as he saw them. In 1783. The nation and the states should maintain arsenals of military stores. Washington drafted a memorandum which described. he observed. a “regular standing force to garrison West Point and critical frontier posts. There must be.CHAPTER 2 THE EARLY NATIONAL PERIOD George Washington as General and Commander in Chief of the Forces of the United States of America.

Secondly. from their . Also Manufactories of some kinds of Military Stores. and the more recent experiences and hostility to standing armies and mercenary troops being stationed among civilian populations. who chaired the “Committee of Congress on the Peace Establishment. A well organized Militia. are not only safe. was directed to Alexander Hamilton. upon a Plan that will pervade all the States. and guard us at least from surprizes. and Southern Frontiers. the Confederacy. I shall give my sentiments as concisely as I can. protect our Trade. approved conscription. the obligation of the citizen to protect the nation and maintain peace. Accademies. prevent the encroachment of our Neighbours of Canada and the Florida’s. Fourthly. DOCUMENT 2. will now powerfully tend to render us secure. Upon each of these. one or more for the Instruction of the Art Military. yet a few Troops. George Washington’s Sentiments on a Peace Establishment. the Union. for Garrisoning West Point and such other Posts upon our Northern. The same circumstances which so effectually retarded. Also for security of our Magazines. A regular and standing force. Establishing Arsenals of all kinds of Military Stores. but even then the armies of North and South were comprised primarily of volunteers. Western. written in 1783. There was no general military draft in the United States until the Civil War when. Altho’ a large standing Army in time of Peace hath ever been considered dangerous to the liberties of a Country. and the knowledge of which. and the following year. under certain circumstances.” His concerns reflected the American experience with the militia and home defense. SENTIMENTS ON A PEACE ESTABLISHMENT A Peace Establishment for the United States of America may in my opinion be classed under four different heads Vizt: First. Our distance from the European States in a great degree frees us of apprehension. and in the order in which they stand.1 GEORGE WASHINGTON. and introduce similarity in their Establishment Manoeuvres. but indispensably necessary. and with that freedom which the Committee have authorized. particularly those Branches of it which respect Engineering and Artillery. in 1862. and in the end conspired to defeat the attempts of Britain to subdue us. Thirdly. is most difficult to obtain.22 • The Early National Period he and many Americans strongly believed. Exercise and Arms. as shall be deemed necessary to awe the Indians. which are highly essential. Fortunately for us our relative situation requires but few.

on such an extent of Sea-Coast. regulations for the benefit of those in service. the Freedom and Independence of Switzerland supported for Centuries. it may become a Question worthy of consideration. if our danger from those powers was more imminent.] Were it not totally unnecessary and superfluous to adduce arguments to prove what is conceded on all hands the Policy and expediency of resting the protection of the Country on a respectable and well established Militia. as soon as we are able to raise funds more than adequate to the discharge of the Debts incurred by the Revolution. which.The Early National Period • 23 numerous regular forces and the Insults and dangers which are to be dreaded from their Ambition. we might not only shew the propriety of the measure from our peculiar local situation. provided with uniform Arms. and conclude this head with a few particular observations on the regulations which I conceive ought to be immediately adopted by the States at the instance and recommendation of Congress. by means of a hardy and well organized Militia. still it could not be done without great oppression of the people. with admiration. yet we are too poor to maintain a standing Army adequate to our defence. potential conflicts over navigation of the Great Lakes. and the basis of our system. our mutual Safety would require. and consequently that the Citizens of America (with a few legal and official exceptions) from 18 to 50 Years of Age should be borne on the Militia Rolls. and so far accustomed to the use of them. We might also derive useful lessons of a similar kind from other Nations of Europe. for these purposes they ought to be duly organized into Commands of the same formation. [Ed. but I believe it will be found. but we might have recourse to the Histories of Greece and Rome in their most virtuous and Patriotic ages to demonstrate the Utility of such Establishments. that every Citizen who enjoys the protection of a free Government. relations with French settlements. we might see. which have at one time or another subverted the liberties of all-most all the Countries they have been raised to defend. and was our Country more populous and rich. I shall therefore proceed to point out some general outlines of their duty. (it is not of very .: Materials deleted discuss the allocation of troops. protection of arsenals. nor yield that Assistance to each other. in the midst of powerful and jealous neighbours. But. Besides. that the Total strength of the Country might be called forth at a Short Notice on any very interesting Emergency. but even of his personal services to the defence of it. owes not only a proportion of his property. Then passing by the Mercinary Armies. and the organization of the militia. It may be laid down as a primary position. whether the surplus should not be applied in preparations for building and equipping a Navy. the People of this Continent are too well acquainted with the Merits of the subject to require information or example. in case of War we could neither protect our Commerce. without which.

reserved for some great occasion. indeed. It is not for me to decide positively. whether the Regiments are large or small. a nice sense of honour. 15th or 20th. whether it will be ultimately most interesting to the happiness and safety of the United States. ought to be instilled into our Youth. who from domestic Circumstances. I would wish therefore. to form this Class of Soldiers into a kind of Continental Militia. or whether it will be preferable in every Regiment of the proposed Establishment to have one additional Company inlisted or drafted from the best Men for 3. They ought to be regularly Mustered and trained. The Companies might then be drawn together occasionally and formed into particular Battalions or Regiments under Field Officers appointed for that Service. 5. One or other of these plans I think will be . natural awkwardness or disinclination. provided a sameness prevails in the strength and composition of them) and I do not know that a better establishment. Man from the Rolls of each State for the purpose. bodily defects. to be cherished and inculcated as frequently and forcibly as possible. that the former. amongst such a Multitude of People (who may indeed be useful for temporary service) there must be a great number. a judicious system might be adopted for forming and placing the latter on the best possible Establishment. but on the contrary will injure the appearance of any body of Troops to which they are attached. all the Men fit for service between some given Age and no others. who. privileges or distinctions. And that while the Men of this description shall be viewed as the Van and flower of the American Forces. can be adopted. Officering and Commissioning those Corps upon the same principle as is now practiced in the Continental Army. while the remainder of the National forces would have time to Assemble and make preparations for the Field. selecting every 10th. capable of resisting any sudden impression which might be attempted by a foreign Enemy. Such sentiments. from a natural fondness for Military parade (which passion is almost ever prevalent at that period of life) might easily be enlisted or drafted to form a Corps in every State. and as there are a sufficient proportion of able bodied young Men. Whether it will be best to comprehend in this body. Organizing. with their earliest years. as might tend to keep alive a true Military pride. always to be kept complete. than that under which the Continental Troops now are. can never acquire the habits of Soldiers. not less than once or twice in the course of every [year] but as it is obvious. and a patriotic regard for the public. being considered as a dernier resort. between the Age of 18 and 25. or 7 years and distinguished by the name of the additional or light Infantry Company.24 • The Early National Period great importance. ever ready for Action and zealous to be employed whenever it may become necessary in the service of their Country. for example between 18 and 25 or some similar description. they should meet with such exemptions. and to have their Arms and Accoutrements inspected at certain appointed times.

The Early National Period • 25

found indispensably necessary, if we are in earnest to have an efficient force ready for Action at a moment’s Warning. And I cannot conceal my private sentiment, that the formation of additional, or light Companies will be most consistent with the genius of our Countrymen and perhaps in their opinion most consonant to the spirit of our Constitution. I shall not contend for names or forms, it will be altogether essential, and it will be sufficient that perfect Uniformity should be established throughout the Continent, and pervade, as far as possible, every Corps, whether of standing Troops or Militia, and of whatever denomination they may be. To avoid the confusion of a contrary practice, and to produce the happy consequences which will attend a uniform system of Service, in case Troops from the different parts of the Continent shall ever be brought to Act together again, I would beg leave to propose, that Congress should employ some able hand, to digest a Code of Military Rules and regulations, calculated immediately for the Militia and other Troops of the United States; And as it should seem the present system, by being a little simplified, altered, and improved, might be very well adopted to the purpose; I would take the liberty of recommending, that measures should be immediately taken for the accomplishment of this interesting business, and that an Inspector General should be appointed to superintend the execution of the proposed regulations in the several States.

[Ed.: Pages 391–398 discuss the appointment of an Adjutant General, discipline, organization (two Battalions should form a Regiment, four Regiments, a Brigade, and two Brigades a Division), the maintenance of reserve forces, equipment and the location of magazines, military posts, military academies, closing with:]
Happy shall I be, if any thing I have suggested may be found of use in forming an Establishment which will maintain the lasting Peace, Happiness and Independence of the United States.

* * * The Constitution, adopted in 1789, specified that the causes for which the militia might be “called forth” included the preservation or implementation of the laws of the Union, to suppress insurrections, and to repel invasions. This provision must be seen in the context of George Washington’s Sentiments on a Peace Establishment, as well as earlier legislation passed by the Continental Congress in 1776, which some historians say made citizens of “all persons residing within any of the United Colonies, and deriving protection from the laws of the same.”

26 • The Early National Period

Some argue that the concept of “citizen,” at least as far back as ancient Greece, applied exclusively to males who participated in the civic life of the state, which included military service. Citizen armies appear throughout modern western civilization. Suffice it to say that the definition of “citizen” in the early years of the nation’s life was not clear. On the other hand, it was widely assumed that free adult males (over the age of 16) who resided within the territorial limits of the United States owed some form of service to the nation. But to make this a condition of “citizenship” would exclude women, children, and elderly males from citizenship. Nevertheless, the idea that there was some kind of link between military service and citizenship acquired significant power, particularly to those males whose citizenship status was otherwise in question. And it is these men (and then women in the late twentieth century), as much as any, who have insisted on and preserved the concept of citizen-soldier. Until at least the Civil War, volunteer, citizen-soldiers constituted the armies of the United States, with most of those state-based, and for the most part organized and trained under state authority. In time, assisted in part by the founding of the military academies, West Point and Annapolis, that structure began to coalesce into the presence of a small, standing army, under federal authority, employing a professionally trained cadre of officers, complemented in times of crises by a larger, organized force of volunteer, citizen-soldiers derived from state militia. Armies, other than for a small corps of “regulars,” were to be mobilized in times of war and demobilized in times of peace. Article I, Section 8 of the Constitution created the Congressional authority to pass laws necessary for raising military forces. While Congress had the authority to raise and support an army and navy, Congress could make no appropriation of funds for the military for a term longer than two years, a condition that contributed both to Congressional control of the military, and to the relative impermanence of standing or regular military forces. While Congress created the armed forces, the Article II, Section 2 designated the President as the Commander in Chief of the Army and Navy of the United States, and of the State militia when the latter were called into the “actual Service of the United States.” Although Congress obtained the Constitutional authority to create and provide for national military forces, and thus established the broad parameters for military service, the final determination for who served, when, how, and why, depended upon specific legislative actions by Congress, and by state legislative bodies, and upon the allocation of forces by the Commander in Chief. The Constitution assumes the necessity of military forces as a mechanism for the assurance of a more perfect union, and for the protection of life, liberty, and property:

The Early National Period • 27

DOCUMENT 2.2 THE MILITIA, MILITARY SERVICE, AND THE CONSTITUTION OF THE UNITED STATES
We the people of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessing of Liberty to ourselves and our Posterity, do ordain and establish this CONSTITUTION for the United States of America. Congress shall have power:

Article I, Section 8; Clause 15–20:
To declare War, grant Letters of marque and Reprisal, and make Rules concerning Captures on Land and Water; To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years; To provide and maintain a Navy; To make Rules for the Government and Regulation of the land and naval forces; To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions; 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;

Article I, Section 10, Clause 3:
No State shall, without the Consent of Congress, lay any duty of Tonnage, keep troops, or Ships of War in time of Peace, enter into any Agreement or Compact with another State, or with a foreign Power, or engage in War, unless actually invaded, or in such imminent Danger as will not admit of delay.

Article II, Section 2, Clause 1:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject

28 • The Early National Period

relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

* * * Two amendments to the Constitution, added in 1791, emphasized the concern regarding the potential infringement by military or militia forces on individual rights including the right to bear arms, and the protection of individual rights in property:

DOCUMENT 2.3 AMENDMENTS TO THE CONSTITUTION, 1791 Amendment II [1791]:
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.

Amendment III [1791]:
No Soldier shall, in time of peace, be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

* * * On May 2, 1792, Congress approved “An Act to provide for calling forth the militia” which authorized the President of the United States to call to duty the militia of the state or states in an area or region threatened by invasion, attacks by Indians, or by an insurrection. Those called to arms were to receive the same pay and allowances as regular troops of the United States and no one could be compelled to serve more than a three-month tour in any one year. In practice, with the exception of the Civil War, until the twentieth century the response to the “call” remained voluntary, with the concurrence of state authorities. Initial legislation of May 2, 1792 was quickly followed on May 8, by an Act to provide for the “National Defense by establishing a Uniform Militia throughout the United States.” This Act required the enrollment of all male citizens of the states between the ages of 18 and 45 (except those specifically exempted by that legislation or by state authority) who were residents of a community or region into militia units by the captain or commanding officer of the company during the

except. all muskets for arming the militia . battalions and companies. and. and also those who shall. May 8. With relatively minor changes or amendments. he may appear without a knapsack. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. arrive at the age of eighteen years. as aforesaid. Sess. shall. and a quarter of a pound of powder. and that from and after five years from the passing of this act. a sufficient bayonet and belt. regiments. in some respects. when called out to exercise. shot-pouch and powder-horn. or being of the age of eighteen years and under the age of forty-five (except as before excepted) shall come to reside within his bounds. That each and every free able-bodied white male citizen of the respective states. and the number and ranks and rates of officers and non-commissioned for each unit. Ch. through the nineteenth century. and knapsack and be available for “exercise” or service when called. That every citizen so enrolled and notified. and shall without delay notify such citizen of the said enrollment.4 THE UNIFORM MILITIA ACT. powder and ball. two spare flints. and shall appear. Each of those enrolled were to provide themselves with a “good” musket or flintlock. these two acts set the responsibilities and the character of military service until the Civil War. I. 1792 AN ACT MORE EFFECTUALLY TO PROVIDE FOR THE NATIONAL DEFENSE BY ESTABLISHING AN UNIFORM MILITIA THROUGHOUT THE UNITED STATES Second Congress. and under the age of forty-five years (except as is herein after excepted) shall severally and respectively be enrolled in the militia by the captain or commanding officer of the company. by whom such notice may be proved. and a knapsack. twenty balls suited to the bore of his rifle.The Early National Period • 29 forthcoming year. within whose bounds such citizen shall reside. and the Act prescribed the number of men per company (24 privates). brigades. accoutred and provided. within six months thereafter. so armed. bayonet. from time to time. And it shall at all times hereafter be the duty of every such captain or commanding officer of a company to enroll every such citizen. and that within twelve months after the passing of this act. 33. cartridges. who is or shall be of the age of eighteen years. That the commissioned officers shall severally be armed with a sword or hanger and espontoon. provide himself with a good musket or firelock. 1792 Section 1. or into service. resident therein. DOCUMENT 2. as directed by the legislature of each state. The State militia was to be organized into divisions. that when called out on company days to exercise only. by a proper noncommissioned officer of the company.

for debt or for the payment of taxes. there shall be to each company of artillery. That the Vice President of the United States. notwithstanding their being above the age of eighteen. And every citizen so enrolled. And be it further enacted. Each dragoon to furnish himself with a serviceable horse. six bombadiers. and shall be uniformly clothed in regimentals. bayonet and belt. four sergeants. with a cartridge-box to contain twelve cartridges. distresses. 2. And be it further enacted. shall be. and one troop of horse. and providing himself with the arms. one captain. bridle. the members of both Houses of Congress. Sec. and stage drivers who are employed in the care and conveyance of the mail of the postoffice of the United States. the officers judicial and executive of the government of the United States. and their respective officers. and each private or matross shall furnish himself with all the equipments of a private in the infantry.30 • The Early National Period as herein required. there shall be formed for each battalion at least one company of grenadiers. all custom-house officers with their clerks. all mariners actually employed in the sea service of any citizen or merchant within the United States. That out of the militia enrolled. not exceeding one company of each to a regiment. holsters. the holsters of which to be covered with bearskin caps. a pair of pistols. shall hold the same exempted from all suits. two lieutenants. and all persons who now are or may hereafter be exempted by the laws of the respective states. all inspectors of exports. The officers to be armed with a sword or hanger. four corporals. executions or sales. one drummer. one cornet. . six gunners. Sec. malpillion and valise. four sergeants. and are hereby exempted from militia duty. and one trumpeter. nor more in number than one eleventh part of the infantry. and that to each division there shall be at least one company of artillery. one saddler. ammunition and accoutrements required as aforesaid. a pair of boots and spurs. two lieutenants. and one fifer. at least fourteen hand and a half high. and the colour and fashion to be determined by the brigadier commanding the brigade to which they belong. all ferrymen employed at any ferry on the post road. one captain. shall be of bores sufficient for balls of the eighteenth part of a pound. as is herein directed. a fusee. That each company of artillery and troop of horse shall be formed of volunteers from the brigade. and a cartouch-box. and a breast-plate and crupper. and to be armed with a sword and pair of pistols. 4. one farrier. until proper ordnance and field artillery is provided. four corporals. light infantry or riflemen. and under the age of forty-five years. a good saddle. There shall be to each troop of horse. to be furnished at their own expense. all post officers. The commissioned officers to furnish themselves with good horses of at least fourteen hands and a half high. a sabre. all pilots. to contain twelve cartridges for pistols. at the discretion of the commander-in-chief of the state.

That if any person. * * * The Constitution of the United States and the Uniform Militia Act of 1792 established a number of fundamental policies and principles which for the most part underlie modern military structures and protocol. and to explain the principles on which they should be make. whether officer or soldier. and every other thing which relates to the general advancement of good order and discipline: all which the several officer of the division. to furnish blank forms of different returns that may be required. and called out into the service of the United States. and ammunition. to all other duties required by this act. whose duty it shall be to distribute all orders from the commander-in-chief of the state to the several corps. That there shall be an adjutant-general appointed in each state. That such corps retain their accustomed privileges. May 8. which by the laws. be wounded or disabled while in actual service. nevertheless. The state militias are the antecedents of the National Guard. or any part thereof. he shall be taken care of and provided for at the public expense. The Act of 1792 prescribed that each state should have an “adjutant-general” who served under the commanderin-chief of the states’ militia. Approved. 1792. returns of the militia under their command. in like manner with the other militia. are hereby required to make in the usual manner. customs. cavalry. And be it further enacted. The adjutant general was responsible for the distribution of orders and directives and for assuring the consistency of . belonging to the militia of any state. and lay the same annually before the commander-in-chief of the state. to obey all orders from him relative to carrying into execution and perfecting the system of military discipline established by this act.The Early National Period • 31 Sec. to attend all public reviews when the commander-in-chief of the state shall review the militia. subject.There was an expectation if not an obligation that all free white males from the age of 18 to 45 were eligible for service in the state militias. And whereas sundry corps of artillery. reporting the actual situation of their arms. And be it further enacted. so the said adjutant-general may be duly furnished therewith: from all which returns he shall make proper abstracts. to receive from the several officers of the different corps throughout the state. and infantry now exist in several of the said states. or usages thereof have not been incorporated with. and battalions. or subject to the general regulations of the militia: Sec. 11. Sec. regiments. their delinquencies. accoutrements. 9. Be it further enacted. 6. brigades.

should a standing army or professional military corps be maintained. What did they say about this? 2. each into brigades. postal officials. They were to represent the state militia in its associations with the national government and to provide a review and oversight of the organization and training of the militia units. cavalry.S. military systems over the next two centuries. state versus federal authority. QUESTIONS AND ISSUES 1. The meaning of the Second Amendment to the United States Constitution has been one of the most heated political con- . controversies and modifications relating to military structures and systems. To what extent can you see those values in the contemporary United States? 3. and the compensation to which those who served might be entitled. George Washington. in Sentiments on a Peace Establishment. often having to do with fundamental issues such as volunteer service versus conscription. Other than the duties of citizenship. Do you think that military service and citizenship should be linked? 3. and who should be exempt from military service. The militia of each state was to be organized in similar structure to the other state militias. There were. to be sure. when a call to arms should be issued. as in Congress or state officials. Significantly. who should serve. among others.Those who served in critical public jobs and positions. what justifications do you find in these documents for requiring military service? 4. the state and the national governments were responsible for the care of troops injured in military operations. in the Uniform Militia Act of 1792. and companies including light infantry. and artillery. In sum.32 • The Early National Period the militia organizations. In what ways did the early leaders of the United States draw on colonial traditions of the militia? What changed with independence insofar as military service was concerned? 2. The command structures and armament and accoutrements of the militia in each state were to be similar to that of the other state militias. were to be exempt from military service. divisions. and stage drivers. and Congress. the military structures of the new republic provided a basic philosophical and structural model for the development of U. made explicit references to citizenship in relation to military service: 1. as ferrymen.

What were the nature of “exemptions” to military service prescribed by the Constitution and the Militia Act of 1792? . In what ways did the Militia Act seem to support or alter basic values and structures of the military force utilized during the American Revolution. Taking into consideration the other documents you have read in Chapters 1 and 2. Describe the key elements of the Militia Act of 1792. what do you think this amendment means? 5. What were the key elements of the Constitution that provided for national defense? 6.The Early National Period • 33 troversies in recent decades. and enumerated by the Constitution of 1783? 7.

scaled. and the states. and in 1802 created the Corps of Engineers to be stationed at West Point. in service. and many of his contemporaries. Indeed. engineering and military training were complementary. fortresses. the U. or otherwise circumvented those fortifications. The Corps of Engineers was to oversee education of the cadets at the United States Military Academy and was to have first claim on its graduates. the militia. or conversely. and towers. AND A PROFESSIONAL MILITARY CORPS. But Jefferson’s decision to send an American naval flotilla against the Barbary pirates off the coast of North Africa in 1804 suggested the importance of having a standing army and naval forces ready for action. moats. While Jefferson believed that the maintenance and training of citizen-soldier armies were primarily the business of the states. the first modern engineers were military engineers.CHAPTER 3 VOLUNTEERS. who succeeded George Washington and John Adams to the Presidency in 1800. believed perhaps even more firmly than his Federalist predecessors that national defense rested primarily upon the shoulders of the armed citizenry. and available to supervise the “call to arms” and any subsequent combat. The inveterate inventor and engineer. Despite the founding of West Point and. who built fortifications. For Jefferson. which was to constitute a military academy.S. 1800–1898 Thomas Jefferson. Congress and President Jefferson recognized the synergy of engineering and military training. Naval Academy at Annapolis. tunneled under. bridged. he advised having a corps of officers trained. those who destroyed. CONSCRIPTION. in 1845. walls. the real burden of military . he also was concerned that the officers and directors of the military forces have special training beyond that relating to arms and drill.

In the midst of the frantic preparations 2. including freedmen and three artillery units manned by the crews of pirate and privateer Jean Lafitte.000 men on the lines in the city. After leaving West Point he founded Norwich Academy in his hometown of Norwich.500 men exhausted from campaigns in Tennessee. supported by about . During the War of 1812. General William H. was singularly responsible for formulating the “American System of Education. By the time of the main British attack on New Year’s Day. joined by state militia. Winder failed in the defense of the nation’s capital. General Andrew Jackson’s small army. Alabama. An onlooker in the city described Jackson’s appearance as a “down-at-the-heels flatboatman” with a nondescript army. while General Samuel Smith’s militia successfully defended Baltimore.000 Kentucky militiamen and scattered groups from other states made their way to the city and joined in the defense. Vermont. and designed a curriculum for West Point that would blend technical studies and the liberal arts with military instruction. 1800–1898 • 35 education and training continued to “settle on the shoulders of the civilian colleges of the individual states. or of the national government. Alden Partridge. and influenced the founding of numerous other similar institutions. small regular federal armies supported by larger state militia shouldered the burden of conflict. Jackson arrived in New Orleans at the close of 1814 with a small army of possibly 1. 1815. Alden’s American System contributed to the design of the Morrill Land Grant College Act. a member of the first graduating class of the United States Military Academy in 1806. including Louisiana’s State Seminary of Learning and Military Academy. and assisted in the founding of the Virginia Military Institute. mostly from Kentucky and Louisiana. and put citizens and slaves to work preparing defensive earthworks south of the city. Jackson had an “army” of 3. Partridge became the center of a debate over whether military instruction should be the responsibility of the states. But Jackson immediately declared martial law.A Professional Military Corps. Using primarily militia troops that outnumbered the British attackers. which reopened after the Civil War as Louisiana State University. At the memorable Battle of New Orleans. enrolled the services of Louisiana and Mississippi militia units. the Carolinas and Kentucky against the Creek Indians.” He became superintendent of the Academy in 1815 at the age of 29. defeated the larger and more experienced British army under General Sir Edward Pakenham. armed a diverse collection of local citizens.” which proposed to “combine civilian and military studies in order to produce enlightened and effective citizensoldiers.” a condition later reinforced by the Morrill Land Grant College Act (1863). and the Citadel. Related to the controversy over military training was the issue of whether conscription should be the responsibility of the states or the federal government. In time.

including New York. wounded or captured. while another small force of 850 men were sent across the Mississippi River to help secure the approaches from the east and deter ships from passing upstream past the city. 1800–1898 1. the difficulties and uncertainties associated with assembling the troop in New Orleans. which the Constitution has conferred on Congress. suppress insurrection. casualties included 6 killed and another 65 wounded. throughout the war. The services of the men to be raised under this act are not limited to those cases in which alone this Government is entitled to the aid of the militia of the States. The British attacked by land from the south with a force of approximately 7. 1814. costing the British some 2. for the general purposes of war. Representative Daniel Webster. Mobile. South Carolina. It is an attempt to exercise the power of forcing the free men of this country into the ranks of an army. Alabama. It is a distinct system. than some of the measures proposed. But. Washington. and he had three Louisiana militia units patrolling above New Orleans to guard against possible flanking attacks. while another 1. and Charleston. than whether the most essential rights of personal liberty shall be surrendered. or execute the laws. and less direct in its means. DOCUMENT 3.200 moved on the east bank against the small American troop under General David Morgan. and despotism embraced in its worst form. delivered the following denunciation of the proposal on the floor of the House of Representatives on December 9. DC. In recognition of these weaknesses. President Madison proposed that Congress enact a national military conscription law.000 men in reserve. there is another consideration. introduced for new purposes. These cases are particularly stated in the Constitution—“to repel invasion. while total U.1 DANIEL WEBSTER ON CONSCRIPTION This bill indeed is less undisguised in its object. Boston. This battle seemed to be an affirmation of the citizen-soldier army. suggested some inherent weaknesses in the militia tradition. However. and one of the nation’s most famous orators. and not connected with any power. Sir.36 • A Professional Military Corps. When the present generation of men shall be swept away. Congress would not oblige. I desire that it may . The Americans won a resounding victory at New Orleans.000 troops killed. and the general vulnerability of American coastal defenses and cities.000. Massachusetts. and that this Government ever existed shall be a matter of history only.S. under color of a military service.” The question is nothing less.

Let it then be known. foully libeled. Sir. during the war. and parents from their children. Persons thus taken by force. I almost disdain to go to quotations and references to prove that such an abominable doctrine has no foundation in the Constitution of the country. and drawing after you the Government of your Country. They have not purchased at a vast expense of their own treasure and their own blood a Magna Carta to be slaves. It is an attempt to show. indeed it is not. and of subduing the difficulties which arise from the deficiencies of the Exchequer. that we ourselves are subjects of despotism. to trample down and destroy the dearest rights of personal liberty? Sir. is the amount of the principle contended for by the Secretary of War (James Monroe). in what article or section is it contained. out of a plain written . It is enough to know that that instrument was intended as the basis of a free Government. This power does not grow out of any invasion of the country. in the career of your measures. and is to be exercised under all circumstances. consistent with the character of a free Government? Is this civil liberty? Is this the real character of our Constitution? No. This. and put into an army. The administration asserts the right to fill the ranks of the regular army by compulsion. that you may take children from their parents. who would have stopped you. by construction. over which you are plunging. and any part or the whole of the rest.A Professional Military Corps. It belongs to Government at all times. 1800–1898 • 37 then be known. which now for the first time comes forth. or even out of a state of war. by the provisions of our Government. Conscription is chosen as the most promising instrument. Is this. with a tremendous and baleful aspect. whenever its occasions require. The supporters of the measures before us act on the principle that it is their task to raise arbitrary powers. Sir. and that we have a right to chains and bondage. The people of this country have not established for themselves such a fabric of despotism. for defense or for invasion. that you have not proceeded in your course unadmonished and unforewarned. It contends that it may now take one out of every twenty-five men. and compel them to fight the battles of any war. firmly secured to us and our children. may be compelled to serve there. according to its mere discretion. by proof and argument. from the precipice. or for life. at home or abroad. as by the skirts of your garments. according to the will and pleasure of Government. Where is it written in the Constitution. Sir. An attempt to maintain this doctrine upon the provisions of the Constitution is an exercise of perverse ingenuity to extract slavery from the substance of a free Government. The Constitution is libeled. They may be put on any service. that there were those. and that the power contended for is incompatible with any notion of personal liberty. in peace as well as in war. both of overcoming reluctance to the Service. in which the folly or the wickedness of Government may engage it? Under what concealment has this power lain hidden. and held you back.

not indeed by temptations and sorceries. This is a result of his own reasoning. The battles which he is to fight are the battles of invasion. not to contend for the defense of his country. that all powers were granted. But it is a true result. Sir. more dangerous. Nor is it. that he who is the subject of military draft is to perform the task allotted to him. If. If this reasoning could prove any thing. But it is said. that we are the subjects of a mild. and to demonstrate by a regular chain of premises and conclusions. The tyranny of Arbitrary Government consists as much in its means as in its end. such new powers may be assumed or usurped. are to partake of its own essential character. and that Government itself is the judge of this possible necessity. Sir. which might by possibility become necessary. which we have fondly cherished. than has been exercised by any civilized Government in modern times. For if it is to be assumed. at once the most ridiculous and abominable that ever entered into the head of man. in this strife he fall—if. than from the principles in which they have their origin. that it might happen that any army would not be raised by voluntary enlistment. as any existing administration may deem expedient. but to . it would equally show. and it would be a ridiculous and absurd constitution which should be less cautious to guard against abuses in the one case than in the other. You will put him upon a service equally foreign to his interests and abhorrent to his feelings. more allied to blood and murder. but by open force and violence. a free Government. in which case the power to raise armies would be granted in vain. Into the paradise of domestic life you enter. more arbitrary. is a solecism. a free Government without adequate provision for personal security is an absurdity. for the defense of his own house and home. less from the danger and the death that gather over them.38 • A Professional Military Corps. to which the Secretary does not profess to go. that whenever the legitimate powers of the Constitution should be so badly administered as to cease to answer the great ends intended by them. with an uncontrolled power of military conscription. while ready to obey every rightful command of Government. All the means and instruments which a free Government exercises. then the powers of Government are precisely what it chooses they should be. battles which he detests perhaps and abhors. as well as the ends and objects which it pursues. 1800–1898 charter of National Liberty. he is forced from home against right. and to be conformed to its genuine spirit. With his aid you are to push your purposes of conquest. free and limited Government. more productive of every sort and degree of misery. A free Government with arbitrary means to administer it is a contradiction. that Government possesses over us a power more tyrannical. It is their pleasing duty to free us of the delusion. more full of every form of mischief. unless they might be raised by compulsion. and the blood with which they drench the plain.

while the defenders of the Alamo. Texas troops under Colonel James W. that it can not enforce conscription without an army. The attempt. will fail. General Sam Houston defeated the Mexican armies under General Santa Anna in the Battle of San Jacinto on April 21. Indian wars were constant along its ill-defended western frontier. 1836. for the . Texas. the day will yet come. and in that strife he fall. It may stalk above the cognizance of human law. Fannin surrendered at Goliad. 1800–1898 • 39 prosecute a miserable and detestable project of invasion. The Government was not constituted for such purposes. If administration has found that it can not form an army without conscription. A military force cannot be raised. I express these sentiments here. it will find. in his compassion. Both they and myself live under a Constitution which teaches us. ‘tis murder. citizen-soldiers. * * * The Mexican War again tested the efficacy of waging war with a small regular army supplemented by volunteer. were besieged by the armies of Santa Anna. in this manner. we may thereby throw away our Government. The defense of the Republic of Texas depended. but in the sight of Heaven it is murder. the United States. if it venture on these experiments. For the next nine years the Republic of Texas survived continuing conflicts with Mexico. but by the means of a military force. and destructive of the good and happiness of mankind. I shall exhort them to exercise their unquestionable right of providing for the security of their own liberties. is absurd. and San Antonio. and having already thrown away our peace. Goliad. Sir. with some unease. shield me from any participation in the enormity of this guilt.” With the same earnestness with which I now exhort you to forbear from these measures. Finally. when his spirit and the spirits of his children must be met at the bar of omnipotent justice. that “the doctrine of non-resistance against arbitrary power and oppression. 1836. while his ashes and yours lie mingled together in the earth. and in the love of peace. slavish.A Professional Military Corps. because I shall express them to my constituents. Framed in the spirit of liberty. and on March 27 were massacred by their captors. The Alamo fell on March 6. all volunteers from Texas and elsewhere. at Gonzales. and Texas faced its eastern neighbor. where Mexico attempted to reassert its authority and control over the restive Texan colonists. with a volunteer citizenarmy. Armed conflict between Texans and Mexican military forces began in the autumn of 1835. it has no powers which render it able to enforce such laws. and though millions of years may roll away. May God. including two brief occupations of San Antonio by Mexican troops in 1842. if we rashly make it. Texas declared independence from Mexico on March 2.

40 • A Professional Military Corps. During that period American armies were comprised of volunteers headed by a core of professionally trained officers. West Point.25 million in debts owed by Mexico to the U. forces under Generals Zachary Taylor and Winfield Scott. Jefferson Davis.S. In September. and was inspired in part by the premise that a draft might stimulate more volunteers to come to serve. Grant and Robert E. on poorly organized local militia of all able-bodied white males between the ages of 17 and 50.000 volunteers to the colors. exempted those who owned more than twenty slaves. the nation’s Military Academy. despite the fact that Union populations totaled some 20 million. In terms of human resources and available volunteers for their respective armies the Union held a three-to-one advantage over the Confederacy. Following the decisive battle of Palo Alto in Texas. and in . But conscription in both cases proved problematical. in 1861 Congress approved new legislation authorizing and calling 500. Army engaged in numerous conflicts characterized as “wars” against Indian tribes and in numerous engagements and encounters that did not officially qualify as “wars.000 Texas Rangers strongly complemented the small army of regular U. subject to call in an emergency. was also a West Point graduate. The Civil War began with a call for volunteers to arms by the Union and Confederate governments. while of the Confederacy’s 9 million. including Ulysses S. 1800–1898 most part. and the subsequent Mexican War. but it served more to alienate and divide the volunteers already on active duty from the conscripts. Lee.S.” There were no years in which the Army was not engaged in combat. Following Union losses at Bull Run and elsewhere. the Confederacy raised the draft age to 45. Meanwhile. in 1862 the Confederate Congress approved a Conscription Act to replenish its diminishing armies (Figure 3.000 men on both sides. With Texas’ admission to the Union as a state in 1845. The Treaty of Guadalupe Hidalgo and the payment of $15 million to Mexico plus the assumption of $3. as the battles grew bigger and more desperate. almost 3. Meanwhile. The law allowed those called to hire a substitute. resulted in the acquisition of all Mexican territories north of the Rio Grande to the Pacific. between 1800 and 1860 the U. if not an outright failure and liability.S. and Resaca de la Palma in Mexico. as well as college professors and mail carriers. Winnfield Scott led American armies into Mexico City. The call resulted in a comparatively strong response with voluntary enlistments approaching 200. The Confederate President. In addition to the War of 1812 and the Mexican War. The first Confederate Conscription Act in April 1862 provided for the draft of white men aged 18–35. The next year the Union followed suit.1). provided most of the 300 generals who headed the armies of both North and South (approximately 180 served the Confederacy).5 million were slaves. volunteer citizen-soldier armies including 6.

The Confederate States enacted the first conscription acts. August 23. 1862.A Professional Military Corps. Rare Book and Special Collections Division.1 Commonwealth of Massachusetts: Call for Recruits to the Volunteers and the Militia. Union and Confederate armies depended on volunteers raised by the respective states in the early stages of the Civil War. Source: Library of Congress. . 1800–1898 • 41 FIGURE 3. followed soon by the Union.

Both Union and Confederate Conscription Acts suggested that the war might be a “rich man’s war. or pay a designated sum of money (not to exceed $300) to the Secretary of War for the procurement of a suitable substitute. On March 3.” That Act provided that all male citizens and those who had declared under oath their intention to become citizens between the ages of 20 and 45 were a part of the “national forces” and were liable to be called by the President for military duty.42 • A Professional Military Corps. not civil courts. arms. accepted. Those actually inducted into service could appear. Commanders were given authority to grant up to a thirty-day furlough to enlisted men for good conduct in the line of duty.” Other provisions of the Act encouraged the re-enlistment of volunteers with the incentive of a $50 bounty. “Involuntary” recruits comprised perhaps 25–30 percent of Confederate armies east of the Mississippi River by mid-1864. most of those who served in both the Confederate and Union armies were volunteers. judges. administrative officials of the U. were composed of volunteer militia. or produce a suitable substitute. Married men between the ages of 35 and 45 were deferred from service until younger and unmarried males had been called “to do military duty. While the Confederate and Union Conscription Acts were the first since the Continental Congress rejected British impressment. Those assigned to the National Forces remained subject to call for two years following enrollment. and a poor man’s fight. . and were to serve until the end of the conflict or a term not to exceed three years. punishment for those who attempted to entice a soldier to desert or who bought. whichever came first. As an incentive to deserters to return to their units. governors. and the remainder under the authority of state governments.S. Congress approved “An Act for enrolling and calling out the national Forces.” The Act established enrollment districts. or accoutrements. and provided for the identification of deserters and spies. government. or possessed military clothes. with volunteer enlistments declining and the commitments of war growing greater. and for other Purposes. as in the past. and it affirmed the right to a speedy trial for offenders. Exemptions included the disabled. but for the most part Confederate and Union armies. It also provided that those accused of criminal actions should be tried by military. serving under the authority of variously the Union or Confederate (national) governments. 1863. the Act offered a “pardon” with full reinstatement for those then absent from duty without permission. 1800–1898 1864 to age 50. and the son of a dependent widow.

and two of them are in the military service of the United States as non-commissioned officers. and the governors of the several States. Third. and it is. and they are hereby.2 CIVIL WAR CONSCRIPTION: UNION. and whereas no service can be more praiseworthy and honorable than that which is rendered for the maintenance of the Constitution and Union. for these high purposes. shall be exempt. the duty of the government to suppress insurrection and rebellion. also. and to preserve the public tranquillity. the father of motherless children under twelve years of age dependent upon his labor for support. a military force is indispensable. Ch. AND FOR OTHER PURPOSES Thirty-Seventh Congress. Second the only person liable to military duty of a widow dependent upon his labor for support. the only son of aged or infirm parent or parents dependent upon his labor for support. March 3. are hereby declared to constitute the national forces. and shall not be liable to military duty under the same. except as hereinafter excepted. Fifth. and shall be liable to perform military duty in the service of the Untied States when called out by the President for that purpose. That all able-bodied male citizens of the United States. 75. under the Constitution of the United States. Fourth. the residue of such family and household. And be it further enacted. and persons of foreign birth who shall have declared on oath their intention to become citizens under and in pursuance of the laws thereof. not exceeding two. excepted and exempt from the provisions of this act. between the ages of twenty and forty-five years. Sess. 74. 1863 Whereas there now exist in the United States an insurrection and rebellion against the authority thereof. to guarantee to each State a republican form of government. 1863 AN ACT FOR ENROLLING AND CALLING OUT THE NATIONAL FORCES. where there are a father and sons in the same family and household. may elect which son shall be exempt. Sixth. musicians. First the Vice-President of the United States. Seventh. 1800–1898 • 43 DOCUMENT 3. Sec. to wit: Such as are rejected as physically or mentally unfit for the service. or privates. the only brother of children not twelve years old. or if he be dead. the heads of the various executive departments of the government. and whereas. 2. where there are two or more sons of aged or infirm parents subject to draft. having neither father nor mother dependent upon his labor for support. and the consequent preservation of free government: Therefore— Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. And no persons but such as are here in . to raise and support which all persons ought willingly to contribute. That the following persons be. the father. the mother.A Professional Military Corps. the judges of the various courts of the United States. III.

who shall be under the direction and subject to the orders of a provost-marshal-general. however. and whose rank. courts-martial. And be it further enacted. and requirement for a physical examination. 33–37 empowered the President to implement the draft. arms. And be it further enacted. the authority to hire or obtain a substitute for the draftee. forming a separate bureau of the War Department. the creation of a board of enrollment. and they shall not. as the President shall direct. pay. That for each of said districts there shall be appointed by the President a provost-marshal. whose office shall be at the seat of government. in any district be called into the service of the United States until those of the first class shall have been called. and each congressional district of the respective states. and emoluments shall be those of a colonel of cavalry. rescinded certain . resistance to or obstruction of the draft. And be it further enacted. 19–32 are omitted from the text and relate to consolidations of companies and regiments. Sec.44 • A Professional Military Corps. 4. and organizing the national forces. Sec. and an authorization to commanders to grant furloughs for good conduct. That the national forces of the United States not now in the military service. Sec. 1800–1898 excepted shall be exempt: Provided. and for the arrest of deserters and spies of the enemy. punishment for spying. and emoluments of a captain of cavalry. 3. That no person who has been convicted of any felony shall be enrolled or permitted to serve in said forces. 5. procedures in military trials. pay. appointed or detailed by the President of the United States. the prosecution of deserters. of which the District of Columbia shall constitute one. or outfits. and all unmarried persons subject to do military duty above the age of thirty-five and under the age of forty-five. with the rank. enticement to a soldier to desert. each territory of the United States shall constitute one or more. an invitation to deserters to return to duty without punishment. [Ed. 6–18 established procedures to be followed by the provostmarshal regarding the enrollment of draftees. Sec. assign duty stations. mutiny. the president of the United States shall divide the same into so many enrollment districts as he may deem fit and convenient. Sec. enrolled under this act. the sale or transfer of military clothes. bounties to be paid to volunteers. That in states which have not by their laws been divided into two or more congressional districts. shall be divided into two classes: the first of which shall comprise all persons subject to do military duty between the ages of twenty and thirty-five years. prohibitions on criminal acts. the second class shall comprise all other persons subject to do military duty. the terms and lengths of service. The United States shall be divided into districts. shall constitute one: Provided.: Sec. That for greater convenience in enrolling. calling out. as fixed by a law of the state next preceding the enrollment. or murder. reenlistment bonuses. or an officer of said rank shall be detailed by the President.

Early in the war as Union forces occupied key southern coastal locations at Fortress Monroe. and New Orleans. 1863. and because they believed military service might earn them full citizenship rights. one in eight Union soldiers was black.A Professional Military Corps. such as the Massachusetts 54th.000 men under the provisions of the National Forces Act. As that film relates. Louisiana. and to receive male runaway slaves into the Union Army as it fought through the South. Not only might they aid the Union cause. northern blacks had to campaign for the right to join the Union Army. Butler took the novel position that these slaves were “contraband of war. 1800–1898 • 45 previous acts. passing two so-called “Confiscation Acts” that laid the groundwork for eventual . They did so with dual purpose. provoked draft riots through many areas of the Union. both out of a desire to help bring an end to slavery. laborers tended to view the National Forces act as a conscription of the poor man to fight the rich man’s war. and mostly immigrant laborer to fight for freeing slaves who in turn would compete for the poor man’s jobs and wages. In the summer of 1864. A significant by-product of the draft riots and manpower shortages was for Union Army recruiters to begin to recruit free black men. where rioting against the draft was accompanied by overt racial violence and attacks. achieving the right to fight in the Union Army was a much more difficult and complicated struggle for southern slaves and free blacks in the South. recognized the double value of these runaway slaves. Lincoln and his cabinet at first rejected this approach. and set pay and duty obligations. the Sea Islands of South Carolina. Virginia. from North and South.” and put them to work. Creative anti-slavery generals. in the Confederacy) to be free. * * * The Conscription Act. Still. perhaps combined with an underlying concern that the recently promulgated Emancipation Proclamation declaring the slaves then residing in areas in revolt against the United States (that is. The northern free black men who fought in the Civil War were mostly volunteers in one of the several all-black state militia units. In New York. runaway slaves flooded the Union camps. Not having the authority to free such slaves.] Approved. such as Benjamin Butler in Virginia. a significant number of whom had been slaves at the start of the war. But Congress supported it. By the close of the war. and provided for the treatment of spies. and as forcing the poor. made famous in the late twentieth century by the popular movie Glory. March 3. every southern slave who stopped working for southern slave owners weakened the southern economy. the Union issued a draft call for an additional 500.

That if any person shall hereafter incite. or give aid and comfort to. if any he have. and all slaves captured from such persons or deserted by them and coming under the control of the government of the United States. and by the liberation of all his slaves. [. 9. And be it further enacted. or who shall in any way give aid or comfort thereto. 2. or shall give aid or comfort thereto. or by a fine not exceeding ten thousand dollars. That all slaves of persons who shall hereafter be engaged in rebellion against the government of the United States. or shall engage in.] SEC. or by both of said punishments. if any. That the President of the United States is authorized to employ as many persons of African descent as he may deem . and shall be adjudged guilty thereof. assist. at the discretion of the court. real and personal. shall be deemed captives of war. shall suffer death. of which the said person so convicted was the owner at the time of committing the said crime. 11. DOCUMENT 3. TO SEIZE AND CONFISCATE THE PROPERTY OF REBELS. shall be declared and made free. SEC. escaping from such persons and taking refuge within the lines of the army. at the discretion of the court. TO PUNISH TREASON AND REBELLION. or engage in any rebellion or insurrection against the authority of the United States. and all his slaves. 1800–1898 acceptance of runaway slaves into the Union Army and set forth the fundamental principle that would later appear in the Emancipation Proclamation that slaves of rebellious owners would be set free. and shall be forever free of their servitude. 1862 AN ACT TO SUPPRESS INSURRECTION.. excluding slaves. and all slaves of such person found on [or] being within any place occupied by rebel forces and afterwards occupied by the forces of the United States. such person shall be punished by imprisonment for a period not exceeding ten years. any sale or conveyance to the contrary notwithstanding. That every person who shall hereafter commit the crime of treason against the United States.3 SECOND CONFISCATION ACT. and all his slaves. he shall be imprisoned for not less than five years and fined not less than ten thousand dollars. AND FOR OTHER PURPOSES Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. or the laws thereof. . SEC. and not again held as slaves. shall be declared and made free. And be it further enacted. set on foot. and be convicted thereof. And be it further enacted. or..46 • A Professional Military Corps. said fine shall be levied and collected on any or all of the property. if any. any such existing rebellion or insurrection.

wishing to shun the obligations imposed by it. and we are ready and willing to sacrifice more. We will work. As the Civil War came to an end. our hopes. We do not ask for the privilege of citizenship. but we do devote to its success. as cheerfully as ever a white patriot died for his country. our unfortunate people have sided. and are ready to perform them cheerfully. JANUARY 9TH. We know the duties of the good citizen. and for this purpose he may organize and use them in such manner as he may judge best for the public welfare. But what higher order of citizen is there than the soldier? Or who has a greater trust confided to his hands? If we are called on to do military duty against the rebel armies in the field. [. The color of our skin does not lessen in the least degree. or perished by a cruel martyrdom for the sake of the Union. and are ready to bear them.] * * * African Americans made explicit their belief in the connection between military service and citizenship. if need be. 10 and 12 prohibited the support of slavery.] Devoted as we are to the principles of justice.000 of our brethren are to-day performing military duty in the ranks of the Union army. with the former. and. We know the burdens of citizenship. and of equal rights on which our Government is based. pray. and would ask to be put in a position in which we can discharge them more effectually. 1865 In the contest between the nation and slavery. Here is an excerpt from one such petition: DOCUMENT 3.. for a hard fate has hitherto forced us to live in poverty. our toils.. Near 200.A Professional Military Corps. our whole heart. . and considered the colonization of freedmen. die for the Union. 1800–1898 • 47 necessary and proper for the suppression of this rebellion. they flooded federal officials with letters and petitions making just this point. of love to all men.4 PETITION OF THE COLORED CITIZENS OF NASHVILLE. our love either for God or for the land of our birth. We have little fortune to devote to the national cause. and our lives.: Sec. by instinct. our sacred honor. [Ed. Thousands of them have already died in battle. why should we be denied the privilege of voting against rebel citizens at the ballot-box? The latter is as necessary to save the Government as the former. and which make it the hope of the world. live.

explained in the Long Gray Lines: The Southern Military School Tradition. After the Civil War ended. Could volunteer citizen armies continue to meet the requirements of national defense in this dawning era of mass armies and modern weapons? In all likelihood. most Americans after the Civil War continued to embrace the ideal that national defense was inherently the responsibility of the citizensoldier. Armed Forces.48 • A Professional Military Corps. yet it was to play a major role in reaffirming the role of the volunteer. without excluding other scientific and classical studies and including military tactics.” a name apparently given to them by the Indians they were sent to fight. to teach such branches of learning as are related to agriculture and the mechanic arts. who were then sent west. pp. and the states. had served in the armies of the North and South. States accepting the donation of public lands as provided under the Act were required to provide within five years of the date of acceptance. farmers. Congress reorganized the regular army and the main focus shifted to the West and Indian Wars.000 had died in combat or of war-related injuries and disease. and coupled it with the perception that military training was valuable for the male citizen and for the soldier. 2–45). 1839-1915 (2001. It reaffirmed and facilitated the “new” Alden Partridge concept that citizen-soldiers should be trained for their military roles. and that military training helped instill “morally correct behavior in the character of future engineers. the militia.” as Rod Andrews. Black soldiers would constitute a significant element of the U.S. the ideal male republican citizen was “self-reliant. . Although at the time it became law. and that the states retained the critical role in the recruitment. The 1866 Reorganization Act created two segregated cavalry regiments and six infantry regiments of black soldiers. Thus the Land Grant College Act institutionalized the prevailing idea that national defense rested primarily upon the shoulders of the armed citizenry. Jr. citizensoldier as a central element of the American military.” Indeed. 1800–1898 * * * From the 1860s on. the Morrill Land Grant College Act for the most part fell out of the public’s view.” The Land Grant College Act embraced the Jeffersonian democratic and republican view that national defense was inherently the responsibility of the citizen-soldier. teachers. and 600. and most importantly. training. outwardly moral. mindful of his rights and civic responsibilities. and attorneys. at least one college “where the leading object shall be. These soldiers became known as the “Buffalo Soldiers. eager and capable of bearing arms in self-defense or for the public good. in 1862 as combat accelerated. the great majority of those volunteers. and retention of those civilian armies. By the close of the war. some five million Americans.

not less than one quarter of a section. for his inspiration to the combined civilmilitary training curricula. an amount of public land. 1800–1898 • 49 and that the maintenance and training of citizen-soldier armies were primarily the business of the states—albeit now accommodated and supported by federal land grants. shall be apportioned to the several States in sections or subdivisions of sections. That no mineral lands shall be selected or purchased under the provisions of this Act. That the land aforesaid. And Partridge.503. large-scale.2. CXXX.A Professional Military Corps. 12 STAT. — AN ACT Donating Public Lands to the several States and Territories which may provide Colleges for the Benefit of Agriculture and Mechanic Arts.S. to which said State may be entitled under the provisions of this act.) Chap. SEQ. land scrip to the amount in acres for .130. 1862 (THE MORRILL ACT) (ACT OF JULY 2. In retrospect. Sec. CH.C. 1862. 7 U. contributed to the Congressional proviso that Land Grant Colleges should include programs for professional military training. after being surveyed. DOCUMENT 3. and the Secretary of the Interior is hereby directed to issue to each of the States in which there is not the quantity of public lands subject to sale at private entry at one dollar and twenty-five cents per acre. helped frame the intellectual footing of the Reserve Officer Training Corps (ROTC). and Partridge’s “American System of Education. the quantity to which said State shall be entitled shall be selected from such lands within the limits of such State.(4) And be it further enacted. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.5 MORRILL LAND GRANT COLLEGE ACT. to be apportioned to each State a quantity equal to thirty thousand acres for each senator and representative in Congress to which the States are respectively entitled by the apportionment under the census of eighteen hundred and sixty:(3) Provided. military training coupled with technical engineering and agricultural studies resulted in the production of a citizen-soldier uniquely qualified and trained for service in modern.” combined with the growing impetus for agricultural and engineering studies in higher education.301 ET. The reality of war.(1) That there be granted to the several States. technologically advanced warfare.(2) for the purpose hereinafter mentioned. and whenever there are public lands in a State subject to sale at private entry at one dollar and twenty-five cents per acre.

(6) That all moneys derived from the sales of lands aforesaid by the States to which lands are apportioned and from the sales of land scrip hereinbefore provided for shall be invested in bonds of the United States or of the States or some other safe bonds. or less. That the moneys so invested or loaned shall constitute a perpetual fund.3. to which. and taxes from date of selection of said lands. That all the expenses of management.(9) And be it further enacted. so that the entire proceeds of the sale of said lands shall be applied without any diminution whatever to the purposes hereinafter mentioned. without excluding other scientific and classical studies and including military tactics. That in no case shall any State to which land scrip may thus be issued be allowed to locate the same within the limits of any other State.4. out of the treasury of said States. by each State which may take and claim the benefit of this Act.(7) or the same may be invested by the States having no State bonds in any manner after the legislatures of such States shall have assented thereto and engaged that such funds shall yield a fair and reasonable rate of return. to be fixed by the State legislatures. shall be paid by the States to which they may belong. and maintenance of at least one college where the leading object shall be. That not more than one million acres shall be located by such assignees in any one of the States: And provided.50 • A Professional Military Corps. previous to their sales. support. in order to promote the liberal and practical education of the industrial classes on the several pursuits and professions in life.5. and all expenses incurred in the management and disbursement of the moneys which may be received therefrom. but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States subject to the sale at private entry at one dollar and twenty-five cents. the capital of which shall remain forever undiminished (except so far as may be provided in section 5 of this Act). That the grant of land and land scrip hereby authorized shall be made on the following conditions. and for no other purpose whatsoever: Provided. in such manner as the legislatures of the States may respectively prescribe. 1800–1898 the deficiency of its distributive share: said scrip to be sold by said States and the proceeds thereof applied to the uses and purposes prescribed in this Act. and the interest of which shall be inviolably appropriated. further. Sec. per acre: And provided. to the endowment. further. or of any Territory of the United States. as . Sec. That no such location shall be made before one year from the passage of this Act. superintendence. and that the principal thereof shall forever remain unimpaired: (8) Provided.(5) And be it further enacted. Sec. to teach such branches of learning as are related to agriculture and the mechanic arts.

If any portion of the fund invested. Sixth. the previous assent of the several States shall be signified by legislative acts: 1. shall. under any pretence whatever. and that the title to purchasers under the State shall be valid. directly or indirectly. be diminished or lost.A Professional Military Corps. Any State which may take and claim the benefit of the provisions of this act shall provide. No State while in a condition of rebellion or insurrection against the government of the United States shall be entitled to the benefit of this act. except that a sum. shall be applied. so that the capital of the fund shall remain forever undiminished. as described in the fourth section of this act. or any portion of the interest thereon. to the purchase. Seventh. Fifth. or repair of any building or buildings. in consequence of railroad grants. by any action or contingency. and the annual interest shall be regularly applied without diminution to the purposes mentioned in the fourth section of this act. and such other matters. they shall be computed to the States at the maximum price. whenever authorized by the respective legislatures of said States. or the grant to such State shall cease. No portion of said fund. Third. When lands shall be selected from those which have been raised to double the minimum price. preservation. Fourth. 1800–1898 • 51 well as to the provisions hereinbefore contained. An annual report shall be made regarding the progress of each college. 3. Second. No State shall be entitled to the benefits of this act unless it shall express its acceptance thereof by its legislature within three 2. not exceeding ten per centum upon the amount received by any State under the provisions of this act may be expended for the purchase of lands for sites or experimental farms. including State industrial and economical statistics. it shall be replaced by the State to which it belongs. and also one copy to the Secretary of the Interior. as provided by the foregoing section. to all the other colleges which may be endowed under the provisions of this act.(10) at least not less than one college. First. and said State shall be bound to pay the United States the amount received of any lands previously sold. and the number of acres proportionally diminished. recording any improvements and experiments made. 4 5 6 7 . one copy of which shall be transmitted by mail [free](11) by each. erection. as may be supposed useful. nor the interest thereon. within five years from the time of its acceptance as provided in subdivision seven of this section. with their cost and results.

as required by sections 1 and 8 (c) of Act of July 7.7. there is authorized to be appropriated $3. by expressing the acceptance therein required within three years from the date of its admission into the Union. do not extend to the State of Alaska. 72 Stat. 1800–1898 years from July 23. and what appropriation has been made of the proceeds. Public Law 92-318. That when any Territory shall become a State and be admitted to the Union. Public Law 85-508. 3269. sec.C. For provisions making the land grant under Alaska Statehood provisions in lieu of grant of acreage under 7 U.(13) Sec. note.6.C. their maximum compensation shall not be thereby increased. eighteen hundred and sixty-two.(15) And be it further enacted.16. c.R. 1866:(12) Provided. as prescribed in this act. 1972.000 to the Virgin Islands and $300. 73 Stat.C. 48 U. relating to donations of public land or land scrip for the endowment and maintenance of colleges for the benefit of agriculture and the mechanic arts. (2) The College of the Virgin Islands and the University of Guam were included as land grant colleges by the Act of June 23. 301. 308). sec.S. as amended. upon issuance of Proc.000 to Guam. 1959. January 3. “(b) In lieu of extending to the Virgin Islands and Guam those provisions of the Act of July 2. 1959. the amount received for the same. 1862.(14) (Repealed) Sec.S. such a new State shall be entitled to the benefits of the said act of July two. Admission of Alaska into the union was accomplished January 3. (declared not to . 21.8.” Land grants under the Act of July 2.000. 86 Stat. Amount appropriated pursuant to this section shall be held and considered to have been granted to the Virgin Islands and Guam subject to the provisions of that Act applicable to the proceeds from the sale of land or land scrip. Endnotes (1) U. 503.S. Sec. note. 301. 1958. 307. and providing the college or colleges within five years after such acceptance.(16) And be it further enacted. 350. as follows: “LAND-GRANT STATUS FOR THE COLLEGE OF THE VIRGIN ISLANDS AND THE UNIVERSITY OF GUAM” Sec. 7 U. No. 24 F. see 301 et seq.C. 1862. 506(a) and (b). 506(a) The College of the Virgin Islands and the University of Guam shall be considered landgrant colleges established for the benefit of agriculture and mechanic arts in accordance with the provisions of the Act of July 2. 301–305.52 • A Professional Military Corps. 1862. That the Governors of the several States to which scrip shall be issued under this act shall be required to report annually to Congress all sales made of such script until the whole shall be disposed of. That the land officers shall received the same fees for locating land scrip issued under the provisions of this act as is now allowed for the location of military bounty land warrants under existing laws: Provided. as amended (12 Stat.S. 81. 339.S.C.000. 7 U.

and engaged that such funds shall” and substituted “yield” for “yielding. which is located within the exterior boundaries of the national forests situated within such State.S.508.S. 1862.. 1883. commonly referred to as the Weeks Law (16 U. upon acceptance of such conveyance by such State. 301. added after the words “other safe stocks” the words “or the same may be invested by the States having no State stocks in any other manner after the legislatures of such States shall have assented thereto.S. 6(1) of the Act of July 7. be held and considered to be granted to such State subject to the provisions of the Act of July 2. ch. ch. 1873. eighteen hundred and seventy-three.S. sections 1–3. 1862. See note 2 above. which was formerly set out at the end of subdivision seventh and read: “Provided further. sec. 44 Stat.” (13) Proviso added by the Act of July 23. (3) An exchange of land in the State of Missouri was authorized by the Act of September 4.’ approved July 2. and the applicable provisions of the Act entitled ‘An Act to consolidate national forest lands. 22 Stat. and interest of such State in and to any land granted to such State under authority of such Act of July 2. 485 and 486). and the same are hereby. 7 U. 14 Stat. and interest of the United States in and to not to exceed an equal value of national forest lands (as determined by the Secretary)situated within such State. 304.C. referred to in the first section of this Act.S. 302. 208. 1866:” in lieu of “within two years from the date of its approval by the President. (10) Added by the Act of July 23.’ approved March 20. This provision does not apply to Alaska. “Any land conveyed to the State of Missouri under authority of this Act shall. sec 21. 484. 607. ch. 247.” (4) 7 U. 339.” (9) 7 U.. 516).. title.C. 209.S. (6) 7 U. 72 Stat.A Professional Military Corps.S.” (12) The Act of July 23. “Any exchange authorized by the first section of this Act shall be made in accordance with the applicable provisions of section 7 or the Act of March 1.C. Public Law 85. 3. see sec. added “within three years from July 23. 1926. 1911. (8) The Act of March 3. note. to be fixed by the State legislatures” for “not less than 5 per centum upon the amount so invested. secs. 1866. (11) Authority for free mail was repealed by the Act of March 3. in exchange therefor.” before proviso. 1862. and. which provided in part: “That all laws and parts of laws permitting the transmission by mail of any free matter whatever be.C.” Sec. Public Law 85-282. 1866. 209.” “principal” for “capital” and “unimpaired” for “undiminished. 1922 (16 U. (7 U. title. ch. 1866.C.C. 2. notwithstanding the provisions of the Act entitled ‘An Act donating public lands to the several States and Territories which may provide colleges for the benefit of agriculture and the mechanic arts. the Secretary of Agriculture is authorized to convey to the State of Missouri all right. 305. 1866. repealed from and after June thirtieth. 1958. (5) 7 U. 1800–1898 • 53 extend to Alaska). (7) The Act of April 13. substituted “bonds” for “stocks” and “a fair and reasonable rate of return. 48 U. 301–308). 209. 208. ch. 1957.S.C. Another proviso from the Act of July 23. sec. the State of Missouri is authorized to convey to the United States all right. note.C.C. 14 Stat. as follows: “That. 14 Stat.. 102. 130.S. That any State which heretofore expressed its acceptance of the act herein referred to shall have the period of five years within which to provide at least . 208. 303. 71 Stat.” Sec.

Land Grant Colleges actively sought the placement of these officers in part simply as a mechanism to have the Federal Government fund a faculty salary position. has been omitted. (14) 7 U. sec. 1800–1898 one college. which related to time of location of land scrip.S. The following year Chief Victorio was finally defeated in a battle with . including Louisiana State University.C.54 • A Professional Military Corps. the Morrill Land Grant Colleges. horse and cattle rustlers. as described in the fourth section of said act. and Virginia Polytechnic Institute. * * * To be sure. Texas A&M University. (15) 7 U. founded for the most part between the close of the Civil War and the turn of the twentieth century.C.S. unlike frontier posts such as Fort Stockton and Fort Davis where regular army cavalry and infantry regiments drove the Mescalero Apaches back across the Rio Grande in 1879. interpreted their authorization and obligation to include military service as a part of the curriculum in very diverse fashions. 1028. but construction did not begin until 1876. The great variation and diversity of military training programs among the Land Grant (and other colleges and universities) contributed to Congressional efforts to bring some order out of chaos beginning in 1866 with the Detail of Army Officers Act. 1930. required military training of all students and organized the students as a military Corps of Cadets.S. Some colleges. the enrollment and training of citizensoldiers continued to be shaped to a considerable extent by state and local authorities. which authorized the Army to assign active duty or retired military officers to Land Grant Colleges as professors of military science and tactics—to be paid by the Army. 1. 306. Comanche. Cherokee. and Kickapoo Indians resisted U. interlaced with ranch and hacienda warfare. 46 Stat. (16) 7 U. shall have expired”. eighteen hundred and sixty-two. 308. during the Civil War the Mexican border and more western regions had become lawless. authority and white settlement in south and west Texas. Plans for the establishment of what became Fort Sam Houston on the frontier in San Antonio began in 1870. In practice. In Texas particularly. Sec.C. Others. Troops eventually stationed there had little or no involvement in the later Indian wars. prominently those in the South. after the time for providing said college according to the Act of July second. as did armed bandits.S. was repealed by the Act of December 16. 307. made military training an option and a contingency to the overall academic program. 14. particularly those in the North and West. but it did provide greater uniformity and more professional military training in college military programs. ch. 6. after the Civil War and in the South following the withdrawal of federal troops from those states.

aware of the growing numbers of foreign naval vessels operating off of American coasts. In addition. However. 1800–1898 • 55 Mexican troops ending the greatest threat to security of the white settlements in the Southwest. volunteers. troops in Idaho in 1877. who in turn imposed frontier-style “justice” and peace on the border and in the western regions while. in 1890. As the Army began to shift its focus to the urban centers. These contacts also revealed a serious disparity between American weaponry and the modernization underway in Europe and the Pacific. and the Bureau of Census reported that the United States no longer had a frontier. Congress initiated the appropriation of additional funds to begin four decades of naval modernization and expansion. as the western frontier and Indian warfare began to recede. Farther west in the unorganized territories. American industrialization brought expanding overseas trade and commerce and increasing contact with foreign nationals and competitors. and Ranger units to maintain necessary levels of security. brought a measure of security to the region.S. protected the western trails and rail lines. the Rangers. and the capture of Geronimo in 1886 ended the fierce resistance by the Apaches of the Southwest. Chief Joseph surrendered the Nez Perce to U. military . on occasion. Indian warfare was virtually at an end. in 1882. Congressional appropriations for defense declined. and with foreign naval and military forces. and veterans of the Civil War. following numerous engagements with Apache and sometimes Kiowa war parties. in light of the fact that the USS Constitution was still one of the most “powerful” ships in the Navy. even as lawlessness and labor violence in the cities increased. In the late 1880s and early 1890s. militia. Despite the Sioux victory over Colonel George Armstrong Custer. depending upon the states and their various guard. Now. began to become apparent. enforced the new relocation and “reservations” policies adopted by Congress in 1867. in order that state troops be better trained prepared for combat when and if needed. Upon the end of military reconstruction Texas reinstated its mounted state militia. nearly embroiling the United States in renewed war with Mexico. Congress pegged the size of the regular army at a mere 25. a new frontier. “Custer’s Last Stand” in Montana in 1876 marked the end of their armed resistance.A Professional Military Corps. and new threats. Congress authorized the “loan” of Army cannon and special equipment to state militia and to military programs within the Land Grant Colleges. operating from remote frontier forts. by 1881. Other Ranger units in the Big Bend and in the northwest along the Red River.000 men. regular Army troops. whose interests rarely coincided with those of the United States. Moreover. in 1883. and gave some relief to the miners and settlers pushing westward. For the most part the close of Indian warfare in Texas and the cessation of border raids had to do with the Texas Rangers.

1994. . federal and volunteer guard vs. . clearing the way for the realignment of the state militia as an adjunct to the Army. QUESTIONS AND ISSUES 1. professions. What were the arguments for and against military conscription? 2. both sides in the Civil War adopted conscription. are no hirelings. In time of peace they follow their usual trades. and its reconstruction as a “national” guard as opposed to a “state” guard. Which view would make most sense to you in today’s world? Why? 2. recruited from the best American stock . for principle and glory. while the Volunteers. and occupations. In 1862/63. for liberty and the rights of man. State troops were fully suited to the tasks of controlling internal disturbances and could easily supplement the meager forces available to the regular army. They do not menace our liberties or the stability of our free institutions.000 men. State volunteer units generally held a condescending view of regular army personnel and abilities. Congress turned down President Madison’s request for military conscription even as British troops were overrunning Washington. regular army antipathies. Gradually. no mercenaries. who responded in kind. one critic noted that: Regulars . . rather than seeing state militia as competitors for men and money. pp. 1. they fight for the defense of home and country. In 1814. were somewhat confounded by traditional state vs. For example. How did the Confiscation Acts help change the meaning of citizenship in relation to military service? . Army for Empire. (Cosmas. Which arguments make the most sense to you for their time? 3. This contributed to the increased attention and support of state militia and college military training programs by Congress. however.56 • A Professional Military Corps. D. Efforts to modernize and assist state militia programs.C. the Army began to view the militia as a useful pool of trained reserves. during Congressional debate in 1897 over a bill to raise the size of the regular army to 104. . 1800–1898 planners began to rely more heavily on state militia and local guard units. came from the inferior classes of society and fought only for pay. 34–35) Competition and conflict between regular army and the state volunteers essentially ended with the Spanish-American War.

A Professional Military Corps. Both Daniel Webster’s speech of 1814 and the 1865 “Petition of the Colored Citizens of Nashville” refer to the rights of citizens in relation to military service. 1. Should military training and education at be linked? . 1800–1898 • 57 3. Do you see this as a natural evolution of the citizen-soldier tradition? If so. Do you find their arguments persuasive? 2. How would you reconcile these quite different views of military service in relation to the rights of citizens? 4. What “rights” do they claim? 1. How did Alden Partridge’s emphasis upon fusing military training with academic studies influence American educational development? 5. how? 2. eventually leading to the creation of the Reserve Officer Training Corps (ROTC). Under the Morrill Land Grant College Act of 1862. federal policies began to officially link civilian education and military training.

The tariff was levied in response to America’s own severe Depression of 1893. Isolationist sentiments faded. . Some 225. Cubans revolted against Spain. a depression in part generated by the U. The American public. joining the very small standing army of 25. while still retaining their historic composition as an army of volunteer. or state. The state militia began the transition to a true National Guard. citizen-soldiers.000 Americans volunteered for military service in the war against Spain in 1898. and often retaining state unit designations. as the culprit.000 soldiers whose ranks were being augmented under the authority of the 1897 Act authorizing the increase in size to 104. which imposed very high protective tariffs on imported sugar from Cuba. and Cubans regarded their mother country. The loss of its major U. The frontier became that uncertain area of contact between the United States and nations other than Indian nations. and it was devised to help protect American sugar growers from damaging competition from Cuba. seeking their independence.S.S. The roots of the war lay in hard times and economic depression in Cuba. But the war also reaffirmed the volunteer. The war also marked the emergence of the United States as a world power with global ambitions and interactions. 1898–1916 The Spanish-American War was a pivotal war in many respects.CHAPTER 4 THE SPANISH-AMERICAN WAR AND THE BUILDING OF MODERN ARMIES. citizen-soldier tradition. nevertheless became armies of the United States. In 1895. tariff of 1894. Spain. Regular army and state militia. market created economic disaster in Cuba. thrilled by the inflammatory descriptions in the new.000 men. Home defense became the defense of the nation rather than of the community.

Congress. Several states independently appropriated funds to improve the equipment of their state guard units.000 in order to satisfy state guard and militia units whose individual members refused to volunteer unless the entire unit with their own officers and men were accepted. 1898–1916 • 59 mass-circulation. President McKinley decided to send the American battleship Maine. and quiet diplomacy.” while Joseph Pulitzer’s World described the “blood on the roadside. Two days later. Thousands of citizens and State Guard units deluged state and federal authorities volunteering for service against Spain. The public was strongly swayed by the “evil actions” of Spanish General Valeriano Weyler. A wave of “belligerent enthusiasm” swept the United States. President William McKinley remained aloof. The Volunteer Bill enabled state troops and militia to become. for example. brave enough and strong enough to restore peace to this blood smitten land?” Senator Albert Beverage of Indiana urged the U. an explosion ripped the Maine apart. stipulating that Cuba should be free and independent. or the Philippines. Congress declared war on Spain by joint resolution on April 19. The Maine sailed into Havana Harbor on January 25. more than 225. Congress approved the Volunteer Bill authorizing the President to call 60. blood!” Was there “no nation wise enough. a part of the regular Army of the United States—effectively reconstituting them as National Guard as opposed to state militia. overcame its fiscal constraints and appropriated $50 million for the War Department. executing prisoners. whose army acted vigorously against the insurrection by forcing hostile civilian populations into reconcentration camps. blood. to Cuba in an effort to discourage Spain and to encourage an early and peaceable solution to the conflict. and that the United States had no intention of annexing the island—but there was no mention of other Spanish territories including Puerto Rico. On February 15. 1898. blood. en masse. to lead in the regeneration of the world. The American press and the public determined that the ship was destroyed by Spanish treachery.Building of Modern Armies.000 .S. the levy was raised to 125. “yellow-press” newspapers. Before the conflict had ended. in a rare show of accord. Guam. Initial reports and a formal court of inquiry concluded that the Maine had been sunk by a submarine mine. pursuing a policy of non-involvement.000 volunteers to arms for one year of service. sinking it with the loss of most of the crew. some of whom. All the while. William Randolph Hearst’s New York Journal carried lurid stories about “Butcher Weyler. destroying rebel villages and farms. and generally intimidating civilians. Hawaii. blood in the fields. had been training with Civil War-era cannon and black-powder Remington rifles. blood on the doorsteps. with 354 men and four 10-inch cannon plus six 6-inch guns and an assortment of smaller weapons. sympathized strongly with the democratic revolution underway in Cuba. On April 22. peace.

Texas. Other state militia. While in Tampa troops were ravaged by disease.” Source: Library of Congress.100 soldiers FIGURE 4.000 Volunteers. News that a Spanish fleet might be sailing for an attack against coastal cities resulted in the concentration of a large army of more than 30. 1898–1916 state militia were reconstituted as Volunteer Guards and served under the authority of the Commander in Chief. and were now incorporated as the Army’s 5th Corps. The New York militia transferred to Tampa. gathered at Tampa for transfer to Cuba and Puerto Rico. at Chickamauga. . who had originally mustered in San Antonio. with more than 4.1 The Rough Riders raised by Theodore Roosevelt came to epitomize the “volunteer. and served as the 71st Volunteer Infantry with the Army 5th Corps. Militia initially mustered at widely scattered posts throughout the United States for training and to await orders. most of them from the Midwestern and New England states.60 • Building of Modern Armies. including independent cavalry units such as the Rough Riders (Figure 4.1). Rare Books and Special Collections. New York troopers led the march against Spanish forces at Santiago after landing on the southeastern coast of Cuba. prominently dysentery and typhoid fever.

American troops successfully took San Juan Hill and the heights surrounding Santiago Harbor.S. U. on July 1. In Cuba.2 One of the “attractions” of volunteer military service was the opportunity to “wear the uniform. to sail out into the open jaws of the blockading fleet commanded by Rear Admiral William T. The Spanish army surrendered the city of Santiago on July 16.000 men. Congress in July also approved the annexation of the . with Spain granting Cuba independence. the American Asiatic Squadron under Admiral George Dewey met and destroyed a formidable Spanish fleet in the Philippines at Manila on May 1. and ceding to the United States Puerto Rico and the island of Guam in the Pacific. forcing the Spanish fleet. Texas A&M University.S. An estimated 21. reported ill on a single day (July 27. 1898–1916 • 61 FIGURE 4. by joint resolution. 1898). contracted typhoid fever during the war. Navy uniforms of the Spanish-American War. on July 3.Building of Modern Armies. Source: Cushing Memorial Library and Archives. In the Pacific. and in 1899 Congress approved the creation of the “Porto Rico Regiment” made up of native Puerto Ricans to replace the regular troops. or almost 10 percent of the total called into service.” This recruiting poster features U. military occupation of Puerto Rico began in 1898. and the war ended on August 12. In separate action. Samson and Commodore Winfield Scott Schley.

troops on the ground in the Sulu Archipelago as late as 2007. Alabama. Manila fell to combined American-Filipino forces on August 13. The Army created the “Philippine Scouts. They would fight for the U. experience in Vietnam. the first war in which “American officers and troops were officially charged with what we would now call war crimes. including the 1st and 4th Texas Volunteers. like General Frederick Funston.000 regulars from San Francisco to the Philippines to provide aid to the Filipino insurrectionists under Emilio Aguinaldo. in some ways foreshadowing the U. asked whether the U.” for those Filipino men who wished to fight on the U.S. Oregon. commanders. and were a precursor of the segregated Filipino regiments that would be part of the U. and other state militia units from the Gulf coastal states who had been sent at the outbreak of war to Mobile.000-man expeditionary force. in World War I.S. and civilization” for the Philippines. The extreme racism of U. toward Filipinos in general led some twenty Black soldiers to mutiny and join Aguinaldo’s cause.S. Volunteers from San Francisco and elsewhere. The remnants of that conflict continued into the twenty-first century. Army during World War II. 1898–1916 Hawaiian Islands. were now sent to the Philippines to suppress Aguinaldo’s resistance. defended the slaughter of defenseless villagers on the grounds that Muslims desired martyrdom at the hands of Christians.S. according to historian Gail Buckley.” In all. were sent to Havana and Santiago with the American Army of occupation.S. side. as well as satirist Mark Twain. Another 60. commanding the same cavalry unit that had captured Geronimo. mission there. and other state volunteers with 6. and not immediate independence. to prepare for a possible second offensive against Cuba. forces. as combat forces were withdrawn from Cuba. Meanwhile. It was. with more than 5.” modeled after the “Indian Scouts. Washington.62 • Building of Modern Armies. including four black regiments transferred from Cuba.” Some Filipinos did support the U. Although Aguinaldo surrendered in March 1901. forces had become as culpable as the “Butcher Weyler. order. were sent to San Francisco to provide reserves and reinforcements for operations in the Philippines. there were 44 military trials. mostly Volunteers gathered from Chicamauga and Tampa. But as it became clear that Americans sought “law. comprising some 14. other volunteers. in combat with Islamic forces.000 California. All ended in convictions.S. Muslim Filipinos in the southern regions of Mindanao and the Sulu Archipelago continued to resist U. . the day after the peace accord with Spain.S. The status of the Philippines was to be determined in a formal peace conference in October.000 U. Between 1903 and 1913. the War Department sent a 21.000 men. General Leonard Wood. tension between the Filipino forces and American troops led to open hostilities in February 1899. Some newspapers. As the war in Cuba moved toward its conclusion.S. A brutal guerrilla war ensued.S.

in the new role of a national guard. and in the Union’s Conscription Act during the Civil War. National Guard units and officers were to receive equipment. The state militia had clearly been effective. for example. recognizing the National Guard as the nation’s primary military reserve force. that the National Guard did not exist until the state militia were first called into the service of the United States. since colonial times there had been ways for those conscientiously opposed to participation in war to be excused. But it did not disband the Indian Scouts. the Philippine Scouts. the Buffalo Soldier units. after the war. as in the past. . and pay and allowances comparable to that accorded the Regular Army. As we saw in the Pennsylvania militia laws. as well as the nascent National Guard. in 1903. was preserved in each of the Selective Service Acts of the twentieth century.” Another significant provision in the Dick Militia Act was the first explicit national recognition of conscientious objection.Building of Modern Armies. the Army. After the conclusion of hostilities. Congress approved the Dick Militia Act. or the Porto Rico Regiment. the Act provided that. technically. with some changes. which were reorganized and retained in the active army. The problem was. partially demobilized. 1898–1916 • 63 Although state militia operated as a part of the regular Army during the war. More importantly. The Dick Militia Act essentially elevated the “state guard” to the level of a “national guard. The Act also enabled state militia to receive equipment and training suitable to the duties that would be required when called into service under the authority of the President. while in the service of the United States. And now. That oversight would soon be corrected as new military crises developed. Nevertheless. Most of those who fought in the Spanish-American War entered service as part of a volunteer state guard or militia. But Section 2 of the Dick Militia Act would set a precedent and inaugurate language with respect to conscientious objection that. The Texas governor. many Volunteers returned to their home state for service with their old state militia unit. training. and necessary. independently sent the Texas Rangers to the Mexican border in order to guard against possible attack by pro-Spanish elements. the traditional state guard or militia did not wholly disappear from the scene.

That the regularly enlisted. JANUARY 21. of the Government of the United States. whether known and designated as National Guard. and the remainder to be known as the Reserve Militia.. Territory. who is more than eighteen and less than forty-five years of age. persons in the military or naval service of the United States. without regard to age: Provided. The organization. FIFTY-SEVENTH CONGRESS. shall constitute the organized militia. 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 . ferrymen employed at any ferry on a post road. and whose religious convictions are against war or participation therein. 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.1 THE DICK MILITIA ACT. and all persons who are exempted by the laws of the respective States or Territories shall be exempted from militia duty. postmasters and persons employed by the United States in the transmission of the mail. 196. and the District of Columbia. and every able-bodied male of foreign birth who has declared his intention to become a citizen. That the Vice-President of the United States. armament. 2. as amended. 1903 AN ACT TO PROMOTE THE EFFICIENCY OF THE MILITIA. mariners actually employed in the sea service of any citizen or merchant within the United States. the members and officers of each House of Congress. and shall be divided into two classes—the organized militia. That the militia shall consist of every able-bodied male citizen of the respective States. AND FOR OTHER PURPOSES. 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 who creed forbids its members to participate in war in any form. with their clerks. Sec. to be known as the National Guard of the State. militia. organized. SESS II. the officers. pilots. in accordance with the creed of said religious organization. all custom-house officers. artificers and workmen employed in the armories and arsenals of the United States. 3. Territories. or District of Columbia. 1898–1916 DOCUMENT 4. 1903 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. or by such other designations as may be given them by the laws of the respective States or Territories. judicial and executive. or otherwise. Sec.64 • Building of Modern Armies. to serve in the militia or any other armed or volunteer force under the jurisdiction and authority of the United States. CH.

of Title sixteen of the Revised Statutes of the United States relating to the Militia. 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. to execute the laws of the Union in any part thereof. for a period not exceeding nine months. Sec. by the laws. he may specify in his call the period for which such service is required. in time of peace. cavalry and infantry existing in any of the States at the passage of the Act of May eighth. seventeen hundred and ninety-two. and shall be punished as such courtmartial may direct. which.Building of Modern Armies. not exceeding nine months. within five years from the date of thee approval of this Act: Provided. 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. may by order fix the minimum number of enlisted men in each company. with the other forces at his command. apportion them among such States or Territories or to the District of Columbia according to representative population. or to enable him to execute such laws. in his discretion. 6. Sec. That any corps of artillery. battery. shall be allowed to retain their accustomed privileges. 1898–1916 • 65 prescribed for the Regular and Volunteer Armies of the United States. and hospital corps: And provided further. unless soon discharged by order of the President. however. suppress such rebellion. engineer corps. both inclusive. 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. 4. or of rebellion against the authority of the Government of the United States. subject nevertheless. or the President is unable. and to issue his orders for that purpose to such officers of the militia as he may think proper. That the President of the United States. it shall be lawful for the President to call forth. 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. . or in danger of invasion from any foreign nation. signal corps. Sec. Sec. to all other duties required by law in like manner as the other Militia. troop. That when the militia of more than one State is called into the actual service of the United States by the President he may. That whenever the United States is invaded. 7. 5. and the militia so called shall continue to serve during the term so specified. customs or usages of the said States have been in continuous existence since the passage of said Act under it provisions and under the provisions of Section two hundred and thirty-two and Sections sixteen hundred and twentyfive to sixteen hundred and sixty.

shall be composed of militia officers only. when in the service of the United States. That the militia. faithfully to account for the safe-keeping and payment of the public moneys so intrusted to him for disbursement. uniformed. shall be subject to the same Rules and Articles of War as the regular troops of the United States. the Secretary of War is authorized. 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. 12. 15. that the organized militia of a State or Territory of the District of Columbia is sufficiently armed. and the officer so designated and appointed shall be regarded as a disbursing officer of the United States. Sec.66 • Building of Modern Armies. and transportation of such portion of said organized militia as shall engage in actual field or camp service for instruction. and equipped for active duty in the field. and he shall be required to give good and sufficient bonds to the United States. 14. Sec. and transportation or travel allowances as officers and enlisted men of corresponding grades of the Regular Army are or may hereafter be entitled by law. subsistence. That whenever it shall appear by the report of inspections. 10. Sec. 13. when called into the actual service of the United States. 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. and shall render his account through the War Department to the proper accounting officers of the Treasury for settlement.] Sec. That courts-martial for the trial of officers or men of the militia. and the officers and enlisted men of such militia while so engaged shall be entitled to the same pay. [Omitted. 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 . Sec. in such sums as the Secretary of War may direct. 8. be entitled to the same pay and allowances as are or may be provided by law for the Regular Army. That when the militia is called into the actual service of the United States. Sec. to pay to the quartermaster-general thereof. 11. shall. That the militia. [Omitted. when called into the actual service of the United States. 1898–1916 Sec.] Sec. 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. on the requisition of the governor of such State or Territory. 9. or to such other officer of the militia of said State as the said governor may designate and appoint for the purpose. subsistence. during their time of service. 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.

or regimental armories or rendezvous or for target practice not less than twenty-four times.Building of Modern Armies. have required every company. That each State or Territory furnished with material of war under the provisions of this or former Acts of Congress shall. subsistence. Sec. . 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. 18. maneuvers. and when authorized by the President. Sec. 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. and transportation as is provided by law for the officers and men of the Regular Army. to which an officer of the Regular Army would be entitled if attending such school or college under orders from proper military authority. 1898–1916 • 67 request of the governor thereof in the encampment. the Secretary of War may detail one or more officers of the Army to attend any encampment of the organized militia. to be paid out of the appropriation for the pay. and to assemble for drill and instruction at company. in accordance with section sixteen hundred and sixty-one of the Revised Statutes as amended. Such officer or officers shall immediately make a report of such encampment to the Secretary of War. and shall also receive commutation of subsistence at the rate of one dollar per day which in actual attendance upon the course of instruction. That whenever any officer of the organized militia shall. and shall also have required during such year an inspection of each such company. 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. and battery to be made by an office of such militia or an officer of the Regular Army. subsistence. troop. In such case the organized militia so participating shall receive the same pay. or general commanding the District of Columbia. and to give such instruction and information to the officers and men assembled in such camp as may be requested by the governor. battalion. who shall furnish a copy thereof to the governor of the State or Territory. troop. upon recommendation of the governor of any State. [Omitted.] Sec. Sec. 19. 17. 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. or commutation of quarters. 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. during the year next preceding each annual allotment of funds. Territory. 16. and transportation of the Army: Provided. and quarters.

shall be entitled to all the benefits of such pension laws. if any. subject to a physical examination at the time. in consequence of wounds or disabilities received in such service. or who. 20. 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. noncommissioned officer. and in case such officer. 1898–1916 Sec. 22. [Omitted. in his discretion. 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. and. shall have attended or pursued a regular course of instruction in any military school or college of the United State Army. 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. 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. 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. or at any time. in any of the volunteer forces of the United States. stating the office. 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. his widow and children. 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. 23. The persons so certified and registered shall. the Secretary of War may. and shall be especially direct to ascertain the practical capacity of the applicant.] Sec. That when any officer. if any. The record of previous service of the applicant shall be considered as a part of the examination. upon approval by the President. or in the organized militia of any State or Territory or district of Columbia. Sec. constitute an eligible class for commissions . being a citizen 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. which it deems him qualified to fill. Sec. Upon the conclusion of each examination the board shall certify to the War Department its judgment as to the fitness of the applicant. noncommissioned officer.68 • Building of Modern Armies. 21. other than a force composed of organized militia. Such examinations shall be under rules and regulations prescribed by the Secretary of War. 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. 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.

battery. That sections sixteen hundred and twenty-five to sixteen hundred and sixty. as major after he shall have passed the age of forty-five. 25. as lieutenant-colonel after he shall have passed the age of fifty. 26. 24. or as colonel after he shall have passed the age of fifty-five: And provided further. eighteen hundred and ninety-eight. January 21. and section two hundred and thirty-two thereof. some military men insisted that U. 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. except as hereinbefore provided.000 men. Sec. troop. That this Act shall take effect upon the date of its approval. That no person shall be entitled to receive a commission as a second lieutenant after he shall have passed the age of thirty.588 men. Sec. Sec. 1903. That all the volunteer forces of the United States called by authority of Congress shall. among the various States contributing such volunteer force: And provided.S. and for other purposes.Building of Modern Armies. 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. are hereby repealed. as first lieutenant after he shall have passed the age of thirty-five. That the appointments in this section provided for shall not be deemed to include appointments to any office in any company. But there was no immediate response or sense of imminent danger to the United . * * * When World War I erupted in Europe in August 1914. That such appointments shall be distributed proportionately.” Approved April twenty-second. Approved. and the President may [???] authorized persons from this class. as near as may be. 1898–1916 • 69 pursuant to such certificates in any volunteer force hereafter called for and organized under the authority of Congress. of title sixteen of the Revised Statutes. In light of the growing conflict. relating to the militia. other than a force composed of organized militia. battalion.594—at a time when casualties in single battles in Europe sometimes exceeded 100. the regular Army of the United States comprised 127. 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. military forces were woefully inadequate. and the National Guard numbered only 66. both included. as captain after he shall have passed the age of forty.

Ordinance Department. The Act itself was a milestone in American military history. the Volunteer Army. regiment. division. The U. Bureau of Insular Affairs. Military Academies. Although the program offered little in terms of preparing for combat in World War I. the idea was to invite volunteers (limited to business. in collaboration with a few college presidents and businessmen. independently implemented a somewhat desperate effort to augment the Army’s officer reserve strength by establishing a number of “civilian” military officer training camps. and Judge Advocate General’s departments.” The Army’s structure included sixty-four Infantry.000 men. Inspector General. raising troop levels to 286. the National Defense Act established a framework and organizational structure for the modern American military. .000. The end of the traditional state militia and the emergence of the National Guard as a regular adjunct of the Army of the United States came with the National Defense Act approved by Congress on June 3. with Coast Artillery.” in reference to the location of a major encampment at Plattsburgh. Militia Bureau.70 • Building of Modern Armies. General Staff Corps. Medical Department. provided that the term “National Guard” should apply to all recognized state militia. “and such other land forces as are now or may hereafter be authorized by law. The “Army of the United States” was to comprise the Regular Army. and it raised the authorized level of the National Guard to 400. In the absence of Congressional action. and company were “sized” and assigned an officer corps.000 men on the authorized strength of the Army. Corps of Cadets. and each Department and program received designated staff officers and responsibilities. Quartermaster Corps. While very comprehensive and detailed. the Officers’ Reserve Corps. Adjutant General. it established a model for accelerated military training used to convert citizen volunteers into effective soldiers. Signal Corps. . Described as the “Plattsburgh Movement. .and professional-class white men only) to spend a summer or six months in an army training program—at their own expense—with the enticement that upon completion of the training the “graduates” would be eligible for a regular or reserve commission. The Act replaced the previous cap of 175. Each brigade. and twenty-one Field artillery regiments. Corps of Engineers. New York. and so forth. 1898–1916 States during the early years of that conflict. The Act specifically recognized the State militia as the primary reserve force of the United States Army. maintained its neutrality and declined to rebuild its armies. the Enlisted Reserve Corps. and authorized the President to mobilize the National Guard during war or national emergency (without approbation of state authorities). General Leonard Wood. and the National Guard (while in the service of the United States). 1916. twenty-five Cavalry. chaplains.S.

the Corps of Cadets. and the band of the United States Military Academy. and such other officers and enlisted men as are now or may be hereafter provided for: Provided. AND FOR OTHER PURPOSES. but pivotal. with their detachments and troops. That hereafter the enlisted personnel of all organizations of the Regular Army shall at all times be maintained at a strength not below the minimum strength fixed by law: Provided further. the Indian Scouts. 1898–1916 • 71 The terms of the National Defense Act have been slightly edited for conciseness and clarity.—The Regular Army of the United States. a Quartermaster Corps.Building of Modern Armies. Sec. all organized as hereinafter provided. the disciplinary organizations. piece of legislation: DOCUMENT 4. the recruiting parties. SESS. shall consist of sixty-four regiments of Infantry. and army headquarters. and the unassigned recruits. I. twenty-five regiments of Cavalry. the recruit depot detachments. the officers of the Bureau of Insular Affairs.2 THE NATIONAL DEFENSE ACT. division. That the total enlisted force of the line of the Regular Army. the detached noncommissioned officers. a Coast Artillery Corps. a Judge Advocate General’s Department. and detachments of Cavalry. an Inspector General’s Department. 1916 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. the National Guard while in the service of the United States. the chaplains. the Enlisted Reserve Corps. a General Staff Corps. the post noncommissioned staff officers. a signal Corps. 2. the professors. excluding the Philippine Scouts and the enlisted men of the Quartermaster Corps. Composition of the Regular Army. the Volunteer Army. JUNE 3. 134. a Medical Department. and of the Signal Corps. an Ordnance Department. twenty-one regiments of Field Artillery. the Regular Army Reserve. the Officers’ Reserve Corps. a Corps of Engineers. and the following as now authorized by law: The officers and enlisted men on the retired list. the additional officers. including the existing organizations. and Engineers. 1916 AN ACT FOR MAKING FURTHER AND MORE EFFECTUAL PROVISION FOR THE NATIONAL DEFENSE. the detached officers. the disciplinary guards. and unassigned recruits. of the Medical Department. the service school detachments. That the Army of the United States shall consist of the Regular Army. and such other land forces as are now or may hereafter be authorized by law. SIXTY-FOURTH CONGRESS. Field Artillery. . an Adjutant General’s Department. CH. shall not at any one time. the Militia Bureau. the brigade. army corps. but it remains a lengthy and intensive. the general Army service detachment.

who shall be general officers of the line. 1898–1916 except in the event of actual or threatened war or similar emergency in which the public safety demands it. The General Staff Corps. . as in this section hereinafter provided . Composition of Brigades. and related duties of members. to organize the brigades and divisions into such army corps or armies as may be necessary.] Sec. in time of actual or threatened hostilities. seven adjutants-general with the rank of colonel. except in time of war. and Coast Artillery.] All officers detailed in said corps shall be exclusively employed in the study of military problems. eight inspectorsgeneral with the rank of lieutenant colonel. General Officers of the Line. thirteen adjutantsgeneral with the rank of lieutenant colonel. Divisions. and sixteen inspectors-general with the rank of major.—The General Staff Corps shall consist of one Chief of Staff. and seventeen captains.] Sec. the preparation of plans for the national defense and the utilization of the military forces in time of war. not above the grade of brigadier general.—The Inspector General’s Department shall consist of one Inspector General with the rank of brigadier general. ten lieutenant colonels. Sec. or when in his opinion the interests of the public service demand it. and So Forth. four inspectors-general with the rank of colonel. as far as practicable. 6. That the unassigned recruits at depots or elsewhere shall at no time. . The President is authorized. two Assistants to the Chief of Staff.72 • Building of Modern Armies. or as military attachés in foreign countries. exceed by more than seven per centum the total authorized enlisted strength. exceed one hundred and seventy-five thousand men: Provided further.—The mobile troops of the Regular Army of the United States shall be organized. [Ed: This section describes the distinction between general officers of the line and general officers of the staff. in investigating and reporting upon the efficiency and state of preparedness of such forces for service in peace or war.: Then follows details as to the term and composition of the General Staff Corps. 4. to be detailed from corresponding grades in the Army.—The Adjutant General’s Department shall consist of the Adjutant General with the rank of brigadier general. detailed in time of peace from major generals of the line.: Then follows recommendations and selections of members of General Staff Corps. 3. on which they can be lawfully and properly employed: [Ed. [Ed: The remainder of this section describes the composition of various units provided for in the Act. into brigades and divisions. or on appropriate general staff duties in connection with troops. 5. The Inspector General’s Department. or on other duties. including service to War College. shall be the president of the Army War College. including the National Guard. and thirty adjutants-general with the rank of major.] Sec. Sec. The Adjutant General’s Department. not of an administrative nature. [Ed. fifteen majors. 7. ten colonels. one of whom. .

National Guard. and detachment from other duties. and twelve Infantry companies organized into three battalions of four companies each. military academy graduates. and twelve troops organized into . and supply company. and privates. [Ed. musicians (if any). one supply troop. and grades of personnel. machinegun company.Building of Modern Armies. 18.] Sec. supplemental pay for certain personnel including doctors and aviators. one lieutenant colonel. Composition of Cavalry Units. who shall hereafter have the rank. sixty-eight majors. corporals. military structures and units. Composition of Infantry Units. sixteen first lieutenants. by and with the advice and consent of the Senate. fifteen captains.—Each regiment of Infantry shall consist of one colonel. corporals. one headquarters troop. sergeants. senior grade. three majors. buglers. The remaining Sections provide a good overview of the organization of the military. one headquarters company. twenty-four lieutenant colonels. 8.: Then follows an extensive description of examining board and qualifying examinations. one machine-gun troop. Reserve Officers Training Corps. and the pay clerks now in active service. 10–16 establish the Medical Department. headquarters company.—The Judge Advocate General’s Department shall consist of one Judge Advocate General with the rank of brigadier general. cooks.] Sec. seven judge advocates with the rank of lieutenant colonel. and the President is hereby authorized to appoint and commission them. The Quartermaster Corps. [Ed. first class. sergeants. one lieutenant colonel. and regular U. Ordnance Department. and carefully prescribe the numbers.—The Quartermaster Corps shall consist of one Quartermaster General with the rank of major general. promotions.S. two assistants to the Quartermaster General with the rank of brigadier general. one hundred and eighty captains. sixteen second lieutenants. cooks. first class. privates. twenty-one colonels. The Judge Advocate General’s Department. fifteen second lieutenants. The total enlisted strength of the Quartermaster Corps and the number in each grade shall be limited and fixed from time to time by the President in accordance with the needs of the Army. and Veterinary Department. three majors. and the interrelationships of the reserves. 9. and status of certain reserve medical and veterinary personnel. United States Army. one supply company.—Each regiment of Cavalry shall consist of one colonel. 1898–1916 • 73 Sec. [Ed: Sec.: There follows a specific listing of the rank and number of commissioned officers. second lieutenants in the Quartermaster Corps. one machine-gun company. fifteen captains. Corps of Engineers. four judge advocates with the rank of colonel. ranks.] Sec. and shall consist of quartermaster sergeants. sixteen first lieutenants. 17. Signal Corps. sergeants. quartermaster sergeants. and privates attached to each battalion. mechanics. and twenty judge advocates with the rank of major. pay and allowances of a second lieutenant. physical fitness.

: There follows a listing of numbers and ranks of officers attached to each regiment of Field Artillery. ninety-three radio sergeants. and eighteen bands. sixtyfour sergeants major. 20. shall consist of one hundred and twenty-six gun or howitzer batteries organized into twenty-one regiments. three hundred and sixty captains. 1898–1916 three squadrons of four troops each. observers. chief planters. each headquarters troop. headquarters company. The rated men of the Coast Artillery Corps shall consist of casemate electricians. thirty-one sergeants major. ninety-nine electrician sergeants. forty-one master electricians.] Sec. [Ed. supply company. . two hundred and sixty-three mess sergeants. senior grade. and such artillery parks with such numbers and grades of personnel and such organizations as he may deem necessary. observers. five hundred and twenty-six cooks. second class. three hundred and sixty second lieutenants. with authority granted to the President to increase the size and numbers of officers and personnel attached to headquarters companies. The total number of rated men shall not exceed one thousand seven hundred and eighty-four. one hundred and six firemen. five hundred and twenty-six buglers. twenty-four colonels. The enlisted men necessary for such organizations shall be supplied from the Regular Army Reserve provided by this Act or from the Regular Army. three hundred and sixty first lieutenants. Composition of Field Artillery Units. light artillery. two hundred and sixty-three first sergeants. gun or howitzer battalion. sixty-two master gunners. five hundred and twenty-six mechanics. first class. two hundred and sixty-three supply sergeants.—The Coast Artillery Corps shall consist of one Chief of Coast Artillery. organized as hereinbefore provided for the Engineer band. heavy artillery (field and siege types). including mountain artillery. nineteen hundred and fourteen. with the rank of brigadier general.74 • Building of Modern Armies. first class. two hundred and seventy-five assistant engineers. coxswains. [Ed.: There follows a listing of the rank and number of officers assigned to each squadron. seventy-two majors. five thousand six hundred and seventy-five privates. junior grade.] Sec. Coast Artillery Corps. and each supply troop. each machine-gun troop. two thousand one hundred and four sergeants. three thousand one hundred and fifty-six corporals. second class. horse artillery. gun commanders and gun pointers. In time of actual or threatened hostilities the President is authorized to organize such number of ammunition batteries and battalions. gun or howitzer battery. The officers necessary for such organization shall be supplied from the Officers’ Reserve Corps provided by this Act and by temporary appointment as authorized by section eight of the Act of Congress approved April twenty-fifth.—The Field Artillery. Coxswains shall receive $9 per month in addition to the pay of their grade. depot batteries and battalions. twenty-four lieutenant colonels. seventy-two engineers. 19. chief loaders. ninety-nine electrician sergeants. plotters.

the Philippine Scouts. and preferences for new appointments to be in the following order:] (1) Of cadets graduated from the United States Military . one-fifth of the total increase authorized for each arm.] Sec. 24.Building of Modern Armies. their suitability and moral. recruiting parties. or shall terminate if he shall fail so to qualify. [Ed. but should any appointee fail so to demonstrate his suitability and fitness.—The Porto Rico Regiment of Infantry of the United States Army shall hereafter have the same organization. disciplinary organizations. under such regulations as the President may prescribe. in each grade of each arm. which appointment shall be made permanent when he shall have qualified for permanent appointment upon the expiration of two years from the date of his original appointment. [Ed. each of which shall be. 23. and Indian scouts shall continue and remain in force except as herein specifically provided otherwise. and the grandfathering of positions for those on duty prior to the approval of the Act.: There follow explanations of seniority. at the close of which period such appointments shall be made permanent if the appointees shall have demonstrated. Increase to Be Made in Five Increments. corps. as nearly as practicable. his appointment shall terminate. and department. Sec. corps. the date of rank. the detached and additional officers under the Act of Congress approved March third. the filling of vacancies.—Except as otherwise specifically provided by this Act. and preferences for natives of Porto Rico who graduated from the United States Military Academy. Porto Rico Regiment of Infantry. he shall receive a provisional appointment in such higher grade. and physical fitness for such permanent appointment. and the same grades and numbers of commissioned officers and enlisted men. service school detachments. the increases in the commissioned and enlisted personnel of the Regular Army provided by this Act shall be made in five annual increments.—Hereafter all appointments of persons other than graduates of the United States Military Academy to the grade of second lieutenant in the Regular Army shall be provisional for a period of two years. 22. 1898–1916 • 75 Sec. Original Appointments to be Provisional. All existing laws pertaining to or affecting the United States Military academy and civilian or military personnel on duty thereat in any capacity whatever. 21. Sec. United States disciplinary barracks guards. as are by this Act or shall hereafter be prescribed by law of other regiments of Infantry of the Army. nineteen hundred and eleven. the officers and enlisted men on the retired list. professional.: There follows instruction on officers promoted to vacancies created or caused by the additions. grades. and department. recruit depots and unassigned recruits. and should any officer become eligible for promotion to a vacancy in a higher grade and qualify therefor before the expiration of two years from the date of his original appointment.

26. nineteen hundred and sixteen. inclusive.] Sec.: The section provides for appointments to vacancies. 1898–1916 academy during the preceding fiscal year in which they were graduated. and that they shall receive. the amounts allowed by law. [Ed. and Infantry arms of the service. 25. and (6) of candidates from civil life between the ages of twenty-one and twenty-seven years.—Captains and lieutenants of Philippine Scouts who are citizens of the United States shall hereafter be entitled to retirement under the laws governing the retirement of enlisted men of the Regular Army.: The section increases the number on the Detached Officers’ list to allow for assignment to the National Guard. Retirement of Officers of Philippine Scouts. That in the event of actual or threatened war or similar emergency in which the public safety demands it the President is authorized to immediately organize the entire increase authorized by this Act. or so much thereof as he may deem necessary. of distinguished colleges as or now or may hereafter be entitled to preference by general orders of the War Department. Coast Artillery Corps.—That on July first. and an increase in the number of colonels and other officers as may be recommended by an examining board. (2) under the provisions of existing law. . including officers of the Philippine Scouts. . lawfully available for detachment from their proper arms for duty with the National Guard. (3) of members of the officers’ Reserve Corps between the ages of twenty-one and twenty-seven years. the usual period of which exceeds one year. examinations for promotions. as retired pay and allowances. of enlisted men. and when. eligibility for promotions. shall be entitled to retirement for disability under the same conditions as officers of the Regular Army. [Ed. and the President is authorized to make the necessary rules and regulations to carry these provisions into effect: Provided. or other duty.76 • Building of Modern Armies. . between the ages of twenty-one and twenty-seven years. (4) of commissioned officers of the National Guard between the ages of twenty-one and twentyseven years. war becomes imminent.] Sec. except that they shall be retired in the grade held by them at the date of retirement. whose fitness for promotion shall have been determined by competitive examination.] . the line of the Army shall be increased by eight hundred and twentytwo extra officers of the Cavalry.: The remainder of the section provides for reinstatement of those discharged on the retirement lists. or the imminence of war. and shall be maintained as nearly as possible thereat so long as war. of grades from first lieutenant to colonel. [Ed. and no more. Field Artillery. in the judgment of the President. (5) of such honor graduates. of master signal electricians of the United States Army. and specific instructions for filling vacancies. and pay and allowances. all of said organizations that shall then be below the maximum enlisted strength authorized by law shall be raised forthwith to that strength. The Detached Officers. as retired pay. shall continue.

Enlistments in the Regular Army. with the approval of the President. as above provided for.—On and after the first day of November.Building of Modern Armies. That any noncommissioned officer discharged with an excellent character shall be permitted. In addition to military training. all enlistments in the Regular Army shall be for a term of seven years. and for each recruit accepted for enlistment in the Army. battery. and fourth classes in procuring the enlistment of recruits for the Army. troop. and the Secretary of War shall have the power at all times to suspend. commercial. in which event he shall receive his final discharge from his prior enlistment: Provided further. to reenlist in the organization from which discharged with the rank and grade held by him at the time of his discharge if he reenlists within twenty days after the date of such discharge: Provided further. nineteen hundred and sixteen. 1898–1916 • 77 Sec. soldiers while in the active service shall hereafter be given the opportunity to study and receive instruction upon educational lines of such character as to increase their military efficiency and enable them to return to civil life better equipped for industrial. the first three years to be in the active service with the organizations of which those enlisted form a part and. increase. except as otherwise provided herein. be furloughed to the Regular Army Reserve under such regulations as the Secretary of War may prescribe. and part of this instruction may consist of vocational education either in agriculture or the mechanic arts. the postmaster procuring his enlistment shall receive the sum of $5. That in all enlistments hereafter accomplished under the provisions of this act three years shall be counted as an enlistment period in computing continuousservice pay: Provided Further. shall prescribe rules and regulations of conducting the instruction herein provided for. and general business occupations. any soldier may be reenlisted for another period of seven years. or detachment commander shall report him as proficient and sufficiently trained may. The Secretary of War. That after the expiration of one year’s honorable service any enlisted man serving within the continental limits of the United States whose company. That at the expiration of three years’ continuous service with such organizations. but no man furloughed to the reserve shall be eligible to reenlist in the service until the expiration of his term of seven years. either under a first or any subsequent enlistment. 27. the last four years in the Regular Army Reserve hereinafter provided for: Provided. third. provided that such minor has such parents or guardians entitled to his custody and control: And provided further. That the President is authorized in his discretion to utilize the services of postmasters of the second. in the discretion of the Secretary of War. Civilian teachers may be employed to aid the Army officers in giving such instruction. Provided further. That no person under the age of eighteen years shall be enlisted or mustered into the military service of the United States without the written consent of his parents or guardians. . at the expiration of three years in the active service.

be discharged from the service of the United States or be furloughed to the Regular Army Reserve.—No enlisted man in the Regular Army shall receive his final discharge until the termination of his seven-year term of enlistment except upon reenlistment as provided for in this Act or as provided by law for discharge prior to expiration of term of enlistment. Sec.: A comprehensive pay scale follows].—Hereafter the monthly pay of enlisted men of certain grades of the Army created in this Act shall be as follows. including allowances provided by law for discharged soldiers: Provided. all enlisted men furloughed to or enlisted in the Regular Army Reserve under the provisions of this Act. he is given a final discharge from the Army. namely: [Ed. and in the event to factual or threatened hostilities he may mobilize the Regular Army Reserve in such manner as he . Sec. third. all enlisted men now in the Army Reserve or who shall hereafter become members of the Army Reserve under the provisions of existing law. unless. That when by reason of death or disability of a member of the family of an enlisted man occurring after his enlistment members of his family become dependent upon him for support. and. the reservists to receive travel expenses and pay at the rate of their respective grades in the Regular Army during such periods of training. and to assign to such units and detachments officers of the Regular Army or of the Officers’ Reserve Corps herein provided for. into units or detachments of any arm. or department in such manner as he may prescribe. second. Composition of the Regular Army Reserve. Final Discharge of Enlisted Men. 29. any person holding an honorable discharge from the Regular Army with character reported at least good who is physically qualified for the duties of a soldier and not over forty-five years of age who enlists in the Regular Army Reserve for a period of four years. The President is authorized to assign members of the Regular Army reserve as reserves to particular organizations of the Regular Army. 1898–1916 or decrease the amount of such instruction offered as may in his judgment be consistent with the requirements of military instruction and service of the soldiers. but when an enlisted man is furloughed to the Regular Army Reserve his account shall be closed and he shall be paid in full to the date of such furlough becomes effective. first.—The Regular Army Reserve shall consist of. 31. That when an enlisted man is discharged by purchase while in active service he shall be furloughed to the Regular Army Reserve. upon due proof being made of such condition: Provided further. in the discretion of the Secretary of War. he may. Sec. corps.78 • Building of Modern Armies. in the discretion of the Secretary of War. or any part thereof. and he may summon the Regular Army Reserve or any part hereof for field training for a period not exceeding fifteen days in each year. 28. Sec. 30. or to organize the Regular Army Reserve. Pay of Certain Enlisted Men.

and being found physically fit for service. or any part thereof. 33.Building of Modern Armies. Regular Army Reserve in Time of War. and mobilizing the Regular Army Reserve. the member of the Regular Army Reserve shall be paid semiannually at the rate of $24 a year while in the reserve. That all enlistments in the Regular Army. Sec. paying. 1898–1916 • 79 may determine. and members of the Regular Army Reserve shall become entitled to pension only through disability incurred while on active duty in the service of the United States. Reenlistment in Time of War. utilize the services of members and employees of all departments of the Government of the United States. and thereafter retain it. which are in force on the date of the outbreak of war shall continue in force for one year. with character reported as at least good. subject to such rules and regulations as in his judgment may be necessary. and who. have called upon honorably discharged soldiers of the Regular Army to present themselves for reenlistment therein within a specified period. 32. so long as they may remain in active service. or in the United States Volunteers. the members of the Regular Army Reserve shall. the Enlisted Reserve Corps. without expense to the individual reservist. having been found physically qualified for the duties of a . unless sooner terminated by order of the Secretary of War. but nothing herein shall be construed to shorten the time of enlistment prescribed: Provided further. for keeping in touch with. Provided further. any person who shall have been discharged honorably from said Army. That service in the regular Army Reserve shall confer no right to retirement or retired pay. Sec. outside of the continental limits of the United States. 34. receive the pay and allowances of enlisted men of the Regular Army of like grades: Provided.—The President may. and after the President shall. Provided. in time of actual or threatened hostilities. That upon reporting for duty. and location.—When mobilized by order of the President. as well as the actual necessary cost of transportation and subsistence from their homes to the places at which they may be ordered to report for duty under such summons: And provided further. including those in the Regular Army Reserve. members of the Regular Army reserve shall receive a sum equal to $3 per month for each month during which they shall have belonged to the reserve.—For the purpose of utilizing as an auxiliary to the Regular Army reserves the services of men who have had experience and training in the Regular Army. in active service for such period as he may determine the conditions demand. and physical condition. That subject to such regulations as the President may prescribe for their proper identification. by proclamation. and other reserve organizations. subject to such conditions as may be prescribed. Use of Other Departments of the Government. Sec. That any enlisted man who shall have reenlisted in the regular Army Reserve shall receive during such active service the additional pay now provided by law for enlisted men in his arm of service in the second enlistment period.

at the rate of $4 per month for the third year of such period. The Officers’ Reserve Corps. a member of the officers’ Reserve Corps shall not be subject to call for service in time of peace. shall reenlist in the line of said Army. and whenever called upon for . under such rules and regulations as the President may prescribe not inconsistent with the provisions of this Act. Sec. musician. companies. when the same shall interfere with the customary employment and regular engagement of local civilians in the respective arts. or Medical Department thereof. and detachments from which they may be detailed. if not over fifty years of age. who shall be additional to the sergeants authorized by this Act for the corps. and at the rate of $2 per month for any subsequent year of such period. business. Corps of Engineers. 36.—Hereafter no enlisted man in the active service of the united States in the Army. or performance in civil life. whether a non-commissioned officer. or in the Signal. medical Department. as officer of the Quartermaster Corps and other staff corps and departments. respective. or professions. and Signal Corps of the Regular Army not to exceed one thousand sergeants for duty with corresponding organizations of the National Guard and not to exceed one hundred sergeants for duty with the disciplinary organizations at the United States Disciplinary Barracks. staff corps. batteries.80 • Building of Modern Armies. Coast Artillery Corps. and Marine Corps. Sec. navy. 1898–1916 soldier. for emolument. troops. shall be detailed. shall receive on so reenlisting a bounty which shall be computed at the rate of $8 for each month for the first year of the period that shall have elapsed since his last discharge from the Regular Army and the date of his reenlistment therein under the terms of said proclamation. hire. as provided for in this Act and in section eight of the Act approved April twenty-fifth. Said corps shall consist of sections corresponding to the various arms. 37. within the period that shall be specified in said proclamation. Enlisted Men Prohibited from Civil Employment. Except as otherwise herein provided.—For the purpose of assisting in the instruction of the personnel and care of property in the hands of the National Guard the Secretary of War is authorized to detail from the Infantry. 35.—For the purpose of securing a reserve of officers available for service as temporary officers in the Regular Army. Quartermaster. as officers for recruit rendezvous and depots. there shall be organized. and departments of the Regular Army. at the rate of $6 per month for the second year of such period. Field Artillery. but no bounty in excess of $300 shall be paid to any person under the terms of this section. Sec. an Officers’ Reserve Corps of the Regular Army. Sergeants for Duty with the National Guard. trades. Cavalry. and as officers of volunteers. or private. nineteen hundred and fourteen. ordered or permitted to leave his post to engage in any pursuit. or otherwise.

including State universities and those State institutions that are required to provide instruction in military tactics under the provisions of the Act of Congress of July second. as a result of the annual inspection of such institutions by the War Department. The Reserve Officers’ Training Corps. for periods not to exceed fifteen days in any one calendar year. except that units of the senior division may be organized at those essentially military schools which do not confer an academic degree but which. or for instruction.: Provisos are included relating to extension of duty. without his consent be so called in a lower grade than that held by him in said reserve corps.] Sec. . including military tactics. are specially designated by the Secretary of War as qualified for units of the senior division. which shall consist of a senior division organized at universities and colleges requiring four years of collegiate study for a degree.: The following lengthy text in Sec. [Ed. to temporary duty with the Regular Army in grades thereof which can not. or on such other duty as the President may prescribe.] Sec.—To the extent provided for from time to time by appropriations for this specific purpose. Instruction of Officers of the Officers’ Reserve Corps. 37 specifies terms of examination and qualification (including age) for appointment to the various ranks. 38. The Officers’ Reserve Corps in War. 1898–1916 • 81 service shall not. and each division shall consist of units of the several arms or corps in such number and of such strength as the President may prescribe. .—The President is hereby authorized to establish and maintain in civil educational institutions a Reserve Officers’ Training Corps. but only to disability for time in temporary service. and eliminates the Medical Reserve Corps as a separate entity.: And. and while so serving such officers shall receive the pay and allowances of their respective grades in the Regular Army . 39. and that rank or retirement for duty shall not be affected by previous service in the Officers’ Reserve Corps. or as officers at recruit rendezvous and depots. donating lands for the establishment of colleges where the leading object shall be practical instruction in agriculture and the mechanic arts. 40. [Ed. In time of actual or threatened hostilities the President may order officers of the Officers’ Reserve Corps. eighteen hundred and sixty-two. for the time being be filled by promotion. . or as officers in volunteer or other organizations that may be authorized by law.] Sec. [Ed. the Secretary of War is authorized to order reserve officers to duty with troops or at field exercises. the officers shall exercise command appropriate to their grade and rank. subject to such subsequent physical examinations as he may prescribe. and a junior division organized at all other public or private educational institutions.Building of Modern Armies. reserves the right of the individual to be returned to their prior post in the Officers’ Reserve Corps. and will not be entitled to retirement or retired pay.

. 41. establish and maintain at such institution one or more units of the Reserve Officers’ Training Corps: Provided.] Sec. Sec.: Authorizes the Secretary of War. 46. Provided. Sec. uniforms. and pay specifications deleted. [Ed. The President is hereby authorized to detail for duty at institutions where one or more units of the Reserve Officers’ Training Corps are maintained such number of enlisted men. either active or retired or of the Regular Army Reserve. 44. arms. the authorities of which agree to establish and maintain a two years’ elective or compulsory course of military training as a minimum for its physically fit male student. upon the application of any established educational institution described in section forty of this Act. to issue regulations for maintenance of public animals. as he may deem necessary .] Sec. equipment. The President is hereby authorized to detail for duty at institutions where one or more units of the Reserve Officers’ Training Corps are maintained such number of enlisted men. 1898–1916 Sec. 45.: Authorizes The Secretary of War to prescribe the standard course of theoretical and practical military training for units of the Reserve Officers’ Training Corps. 42. 47. establish and maintain at such institution one or more units of the Reserve Officers’ Training Corps. consent. The President may.82 • Building of Modern Armies. upon the application of any established educational institution in the United States other than a State institution described in section forty of this Act.] Sec.: Qualifications. or will be so upon arrival at military age. That no such unit shall be established or maintained at any such institution until an officer of the Army shall have been detailed as professor of military science and tactics. and whose bodily conditions indicates that they are physically fit to perform military duty.] . as he may deem necessary . [Ed. . That no such unit shall be established or maintained at any such institution until an officer of the Army shall have been detailed as professor of military science and tactics. nor until such institution shall maintain under military instruction at least one hundred physically fit male students. . as regards such student. who are not less than fourteen years of age.: Qualifications. [Ed. be a prerequisite for graduation. Eligibility to membership in the Reserve Officers Training Corps shall be limited to students of institutions in which units of such corps may be established who are citizens of the United States. consent and pay specifications deleted. Sec. and means of transportation at each institution to which property of the United States is issued. either active or retired or of the Regular Army Reserve. nor until such institution shall maintain under military instruction one hundred physically fit male students. [Ed. which course when entered upon by any student shall. . 43. The President may.

—For the purpose of securing an additional reserve of enlisted men for military service with the Engineer. but his ultimate eligibility upon completion of such postgraduate course for such appointment shall not be affected because of his having undergone such postgraduate course. 49.] Sec. and Quartermaster Corps and the Ordnance and Medical Departments of the Regular Army. except in time of actual and/or threatened hostilities. but the total number of reserve officers so appointed shall not exceed fifty thousand: Provided. 50.] Sec. 48.Building of Modern Armies.: The remaining text provides for transportation and subsistence expenses and for the use of military facilities as may be required.: These sections provide an opportunity for individuals who completed military training prior to the approval of the Act to be eligible for appointment to the Officers Reserve Corps. under such regulations as he may prescribe.: Provides for some ROTC members to receive compensation for further training. eligibility. and for their temporary (six month) appointment as second lieutenants with pay. to serve the United States in the capacity of a reserve officer of the Army during a period of at least ten years from the date of his appointment as such reserve officer. nineteen hundred and sixteen. Signal. unless sooner discharged by proper authority. who shall have arrived at the age of twentyone years and who shall agree. 1898–1916 • 83 Sec.] Sec.: The subsequent text describes enlistment periods. is hereby authorized to appoint in the Officers’ Reserve Corps any graduate of the senior division of the Reserve Officers’ Training Corps who shall have satisfactorily completed the further training provided for in section fifty of this Act. and providing that the Secretary of War should maintain lists of those qualified for appointment as commissioned officers. Sec. and to maintain camps for training such persons. and shall have participated in such practical instruction subsequent to graduation as the Secretary of War shall prescribe. The Secretary of War is hereby authorized to maintain camps for the further practical instruction of the members of the Reserve Officers’ Training Corps. or any graduate of the junior division who shall have satisfactorily completed the courses of military training prescribed for the senior division and the further training provided for in section fifty of this Act. [Ed. no such camps to be maintained for a period longer than six weeks in any one year. such authorization to be effective on and after the first day of July. 51–54. [Ed. an Enlisted Reserve Corps. The Enlisted Reserve Corps. 55. the issuance of . That any graduate qualified under the provisions of this section undergoing a postgraduate course at any institution shall not be eligible for appointment as a reserve officer while undergoing such postgraduate course. to consist of such number of enlisted men of such grade or grades as may be designated by the President from time to time. but without eligibility for retirement benefits. [Ed. is hereby authorized. The President alone. [Ed. under oath in writing.

56. Sec. Exemptions from Militia Duty. or the District of Columbia in order to secure a force which.] Sec. 57.84 • Building of Modern Armies. the officers. and being subject to the laws and regulations for the government of the Army when called to active duty or for training. the naval Militia. except as hereinafter provided. of the Government of the United States and of the several States and Territories. but no person so exempted shall be exempt from militia service in any capacity that the President shall declare to be noncombatant.—Except as otherwise specifically provided herein. allowances. and uniforms.: Provides for equipment and officers to certain schools and colleges other than those described in section forty-seven. [Ed. 60. and specifications for pay. 1898–1916 certificates of enlistment. the organization of the National Guard. persons employed by the United States in the transmission of the mail. and equipped as hereinafter provided.—The militia of the United States shall consist of all able-bodied male citizens of the United States and all other ablebodied males who have or shall have declared their intention to become citizens of the United States. and said militia shall be divided into three classes. 59. participation in encampments. if the conscientious holding of such belief by such person shall be established under such regulations as the President shall prescribe. 58. not more than forty-five years of age. assignment to Regular Army unites as required. arsenals. shall be the same as that which is or may hereafter be prescribed for the Regular Army.—The Vice President of the United States. customhouse clerks. Sec.] Sec. and navy years of the United States. Maintenance of Other Troops by the States. mariners actually employed in the sea service of any citizen or merchant within the United States. Sec. and all persons who because of religious belief shall claim exemption from military service. Territory. And the President may prescribe the particular unit or units. shall be exempt from militia duty without regard to age. who shall be more than eighteen years of age and. Organization of National Guard Units. to be maintained in each State. when combined. persons in the military or naval service of the United States. and the Unorganized Militia. Composition of the National Guard. judicial and executive. shall be exempted from militia service in a combatant capacity. Sec. 61. as to the branch or arm of service. and of commissioned officers between the ages of twenty-one and sixty-four years.—The National Guard shall consist of the regularly enlisted militia between the ages of eighteen and fortyfive years organized. Composition of the Militia. including the composition of all units thereof. shall form complete higher tactical units. armed. artificers and workmen employed in the armories. subject in time of peace to such general exceptions as may be authorized by the Secretary of War. pilots. the national Guard.—No State shall maintain troops in time of peace other than as authorized in accordance with .

69.: Prescribes duties and appointment procedures for Adjutants General. 62. [Ed. Alaska. or Infantry” existing in any state at the time the 1792 Militia Act was passed. 67.] Sec. the first three years of which shall be in an active organization and the remaining three years in . 1898–1916 • 85 the organization prescribed under this Act: Provided. and Disbursement of Funds for the National Guard. [Ed.: The remainder of the section specifies that states may organize the full number of troops in the National Guard prior to the schedule. [etc. . and So Forth. 68. shall be disbanded without the consent of the President. and the Canal Zone. Adjutants General of States. 64.: Describes uses of appropriated funds. Sec. Assignment of National Guard to Brigades and Divisions— For the purpose of maintaining appropriate organization and to assist in instruction and training. shall the commissioned or enlisted strength of any such organization be reduced below the minimum that shall be prescribed therefor by the President. Sec. 66. . nor. Appropriation.—Hereafter the period of enlistment in the National Guard shall be for six years.] Sec.] Sec. . Provided. and that the Territories referred to in the act include Hawaii. and shall be increased each year thereafter in the proportion of not less than fifty per centum until a total peace strength of not less than eight hundred enlisted mean for each Senator and Representative in Congress shall have been reached. Number of the National Guard. . Puerto Rico. There follows an extensive statement regarding apportionments. Cavalry. That nothing contained in this Act shall be construed as limiting the rights of the States and Territories in the use of the National Guard within their respective borders in time of peace: Provided further. and a number to be determined by the President for each Territory and the District of Columbia. 63. [Ed. That no organization of the National Guard. Chiefs of Staff of National Guard Divisions . specific uses or programs which funds may support. Enlistments in the National Guard. Location of Units. and accountability for the funds.: Describes privileges and duties of “any corps of Artillery. .] Sec. Sec. without such consent. Apportionment. Sec.—The number of enlisted men of the National Guard to be organized under this Act within one year from its passage shall be for each State in the proportion of two hundred such men for each Senator and Representative in Congress from such State.Building of Modern Armies. That nothing contained in this Act shall prevent the organization and maintenance of State police or constabulary.—The States and Territories shall have the right to determine and fix the location of the units and headquarters of the National Guard within their respective borders. and that the President may prescribe the full number of troops required in certain situations.]. members of which shall be entitled to and shall have received compensation under the provisions of this Act. [Ed. 65.

While the U. By 1914. [Ed. Sess. etc. That in the National Guard the privilege of continuing in active service during the whole of an enlistment period and of reenlisting in said service shall not be denied by reason of anything contained in this Act. the National Defense Act also authorized the establishment of an Officers’ Reserve Corps (ORC). 1916. pay. June 3. oaths. thereinafter provided for. it was also worried about the situation in Mexico where a revolution begun in 1910 ousted a dictator. procedures for Courts-Martial. The inception and approval of the National Defense Act were caused more by an imminent threat of war with Mexico than by the outbreak of war in Europe in August 1914.: The final 58 sections of this act (Statutes at Large.86 • Building of Modern Armies. * * * Of considerable significance to the future development of the National Guard and the strengthening of the military resources of the United States. pp. The conflict spilled over . which already had established military training programs. the sinking of the British passenger liner Lusitania with the loss of American lives. President Wilson maintained a stance of neutrality. or Marines.” and the program had to include physically fit male students who were citizens of the United States and “not less than fourteen years of age. Sec. was following closely events in Europe.S.” This created a new and vital source of trained officers for both the National Guard and the regular United States military services. and in time in the Air Force. Venustiano Carranza competing with each other for control. comprising officers trained by the Reserve Officer Training Corps (ROTC) at qualifying educational institutions—and specifically at the Land Grant Colleges. Navy.–127. Pancho Villa. and Sec. Reserves. Alvaro Obregon.] Approved. the revolution was split multiple ways with major revolutionaries. the United States would be at war. Qualifying programs had to include a commissioned officer of the United States Army as the “professor of military science and tactics. Within the year. 70. Porfirio Diaz. and the heightening threat on the high seas. 201–217 prescribe contracts. Emiliano Zapata. and the qualifications for enlistment shall be the same as those prescribed for admission to the Regular Army: Provided. College and University graduates who had successfully completed the ROTC curricula at those colleges could receive direct commissions as Reserve Officers in the Army. 1898–1916 the National Guard Reserve. Ch. I. 134. 128 repeals laws inconsistent with the Act of 1916. Even as the United States watched the ominous expansion of the war in Europe.

Wilson perceived the greater threat to American interests to be the situation in Mexico rather than the war in Europe. QUESTIONS AND ISSUES 1. killing 19 Americans. both threats seemed to become one.S. Pancho Villa crossed the Rio Grande and raided Columbus. What was the basic structure of the American military as provided by the National Defense Act of 1916? How do that structure and those provisions seem to relate to the historical development of the American military? .Building of Modern Armies.600 miles. 1916. What justified the call of the National Guard to active service in the Armies of the United States? 7. On March 9. in 1914 and 1915. The Dick Militia Act of 1903 and the National Defense Act of 1916 reflect both a continuation of the tradition of the citizen-soldier and changes in how the United States would implement this tradition. Soon. to Yuma. New Mexico.000 National Guard troops along the U. 1898–1916 • 87 into the U. Under the authority of the Act of 1916. What militia traditions did it reaffirm? How did it alter those traditions? 3. were specifically recognized by the Dick Militia Act? 5. What exemptions from military service. What were the differences in “Regular” and “Volunteer” forces as described by the Dick Militia Act? 6. Arizona—a distance of more than 1.000 regulars into Mexico in pursuit of Villa. Pershing and 9. What were the key elements of the Dick Militia Act? How does the Act affect conscription and the volunteer? 4.–Mexico border from Brownsville. and by late summer of 1916 President Wilson had stationed more than 100. The Dick Militia Act of 1903 created the National Guard. What authority did the states have over the National Guard units within the state? 8. President Woodrow Wilson sent Brigadier General John J.S. Texas. volunteer or otherwise. What do you see in these two laws linking military service with citizenship? 2.

But Germany also suggested that should war come with the United States.CHAPTER 5 MODERN WARFARE Universal Military Training. the German Foreign Minister Arthur Zimmerman sent a secret telegram.” represented a repudiation of Theodore Roosevelt and General Leonard Wood. New Mexico. Thus. Selective Service. and authorized the conscription of those needed by the military. Following House and Senate approval. Yet the moderate progressives in Wilson’s administration who favored a selective system hoped to avoid the inequities of both Civil War drafts. Section 3 of the Act prohibited the payment of bounties or furnishing of substitutes . and Arizona. The concept of Selective Service. and Conscription. and that Germany would assist Mexico “to reconquer the lost territory in Texas. and the advent of unrestricted submarine warfare accompanied by reports of American ships being sunk. 1916–1940 In January 1916. Congress approved a Selective Service Act requiring men between the ages of 21 and 30 to register for the draft. Mexico was invited to become an ally.000 men at the time of the Declaration of War and was limited by law to a maximum size of 286.” leaving the details to Mexico. intercepted by the United States. In May. or as President Wilson called it. the President signed the Declaration of War on April 6. 1917. persuaded President Wilson to take the United States into war. a “selection from among the willing. with the understanding that Germany would provide generous financial support.000. The Zimmerman telegram. to the interim government of President Carranza of Mexico announcing Germany’s intent to begin “unrestricted submarine warfare” and its interest in sustaining American neutrality despite that action. The American Army stood at approximately 250. who had pressed hard for Universal Military Training (UMT).

saw it as much more than simply a military draft. To draft into the military service of the United States. and officer.Modern Warfare and Conscription. Second. they and President Wilson believed. SESS. as had been permitted during the Civil War. Selective Service would both provide men for military service and allow the government to carefully plan and regulate the economy through a complex system of exemptions and deferments. to raise all organizations of the Regular Army. approved June third. organize. 15. including those added by such increments. and he is hereby. or such parts thereof as he may deem necessary. in accordance with the provisions of section one hundred and eleven of said National Defense Act. so far as the provisions of said section may be applicable and not inconsistent with the terms of this Act. the President be. in the manner prescribed by the President. I. Enoch Crowder and Hugh Scott. Properly administered. and said members so drafted into the military service of the United States shall serve therein for the period of the existing emergency unless sooner discharged: . organize. Immediately to raise. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. 1917 AN ACT TO AUTHORIZE THE PRESIDENT TO INCREASE TEMPORARILY THE MILITARY ESTABLISHMENT OF THE UNITED STATES. they insisted. That in view of the existing emergency. would be based on scientific criteria that would preserve the civilian labor force and cause the least disruption to families. which demands the raising of troops in addition to those now available. and equip all or such number of increments of the Regular Army provided by the National Defense Act approved June third. MAY 18. nineteen hundred and sixteen. CH. Vacancies in the Regular Army created or caused by the addition of increments as herein authorized which can not be filled by promotion may be filled by temporary appointment for the period of the emergency or until replaced by permanent appointments or by provisional appointments made under the provisions of section twenty-three of the National Defense Act. any or all members of the national Guard and of the National Guard Reserves. 1917. officer. DOCUMENT 5. that the officer has not the suitability and fitness requisite for permanent appointment. SIXTY-FIFTH CONGRESS. to the maximum enlisted strength authorized by law. 1916–1940 • 89 in order to avoid service.1 SELECTIVE SERVICE ACT. and hereafter provisional appointments under said section may be terminated whenever it is determined. nineteen hundred and sixteen. Selection. authorized— First. Its primary architects.

or from those who have had honorable service in the Regular Army. or such part or parts thereof as he may at any time deem necessary. or in the volunteer forces. by assigning retired officers of the Regular Army to active duty with such force with their rank on the retired list and the full pay and allowances of their grade. That the organization of said force shall be the same as that of the corresponding organizations of the Regular Army: . The President is further authorized to raise and maintain by voluntary enlistment. from those duly qualified and registered pursuant to section twenty-three of the Act of Congress approved January twenty-first nineteen hundred and three (Thirty-second Statutes at Large. so far as practicable. equip. as provided for the force first mentioned in the preceding paragraph of this section. To raise. Third. such recruit training units as he may deem necessary for the maintenance of such forces at the maximum strength. as provided in the third paragraph of this section. retain the State designations of their respective organizations. from those who have been graduated from educational institutions at which military instruction is compulsory. the Officers’ Reserve Corps. organize. That when so drafted the organizations or units of the National Guard shall. depot batteries and battalions. by ordering members of the Officers’ Reserve Corps to temporary duty in accordance with the provisions of section thirty-eight of the National Defense Act approved June third. Fourth. for said force and for organizations of said other forces. in his discretion and at such time as he may determine.90 • Modern Warfare and Conscription. to raise and begin the training of an additional force of five hundred thousand men organized. organize. the National Guard. to organize. officered. officer. Such organizations shall be officered in the manner provided in the third paragraph of this section. To raise by draft. not to exceed four infantry . and to provide the necessary officers. of the Regular Army as commissioned officers in such forces: Provided. 1916–1940 Provided. The President is further authorized. Fifth. active or retired. organize and equip an additional force of five hundred thousand enlisted men. and equip. by appointment from the Regular Army. nineteen hundred and sixteen. and equipped. and officer. page seven hundred and seventy-five). with such numbers and grades of personnel as he may deem necessary. Sixth. . To raise by draft as herein provided. line and staff. from the members of the National Guard drafted into the service of the United States. and enlisted men may be assigned to said organizations from any of the forces herein provided for or raised by selective draft as by this Act provided. or from the country at large. . and maintain during the emergency such number of ammunition batteries and battalions. and such artillery parks. or by the appointment of retired officers and enlisted men. in addition to and for each of the above forces. Seventh.

between the ages of twenty-one and thirty years. That the organization of said force shall be the same as that of the corresponding organization of the Regular Army: And provided further. so far as such laws and regulations are applicable to persons whose permanent retention in the military service on the active or retired list is not contemplated by existing law. That the President is authorized to raise and maintain by voluntary enlistment or draft. shall be determined in proportion to the population thereof. except as provided in the seventh paragraph of section one. District. or who have since said date entered the military service of the United States from any such State. except the Regular Army and . shall be raised and maintained by selective draft exclusively. All persons drafted into the service of the United States and all officers accepting commissions in the forces herein provided for shall. from the date of said draft or acceptance. and those drafted shall be required to serve for the period of the existing emergency unless sooner discharged: Provided. for the number of men who were in the military service of the United States as members of the National Guard on April first. shall be raised by voluntary enlistment. Territory. but this provision shall not prevent the transfer to any force of training cadres from other forces. and the District of Columbia. Territories. and shall take place and be maintained under such regulations as the President may prescribe not inconsistent with the terms of this Act. 1916–1940 • 91 divisions.Modern Warfare and Conscription. or subdivision. or if and whenever the President decides that they can not effectually be so raised or maintained. Sec. either as members of the Regular Army of the National Guard. That no such volunteer force shall be accepted in any unit smaller than a division. Such draft as herein provided shall be based upon liability to military service of all male citizens. as herein provided. or subdivision thereof. be subject to the laws and regulations governing the Regular Army. Organizations of the forces herein provide for. Territory. except as to promotions. and credit shall be given to any State. or subdivisions thereof. special and technical troops as he may deem necessary. at the maximum legal strength as by this Act provided. or male persons not alien enemies who have declared their intention to become citizens. then by selective draft. and to embody them into organizations and to officer them as provided in the third paragraph of section one and section nine of this Act. Quotas for the several States. District. 2. That there shall be no enlistments in said force of men under twenty-five years of age at time of enlisting: And provided further. both inclusive. nineteen hundred and seventeen. That the enlisted men required to raise and maintain the organizations of the Regular Army and to complete and maintain the organizations embodying the members of the National Guard drafted into the service of the United States. and all other forces hereby authorized. the officers of which shall be selected in the manner provided by paragraph three of section one of this Act: Provided.

legislative. and all person in the military and naval service of the United States shall be exempt from the selective draft herein prescribed. Territories. shall. or enrolled in the military service of the United States. . and no person liable to military service shall hereafter be permitted or allowed to furnish a substitute for such service. mariners actually employed in the sea service of any citizen or merchant within the United States. 3. regular or duly ordained ministers of religion. of the United States and of the several States. and those found to be physically or morally deficient. found to be necessary to the maintenance of the Military Establishment or the effective operation of the military forces or the maintenance of national interest during the emergency. persons engaged in industries. enlisted. executive.92 • Modern Warfare and Conscription. artificers and workmen employed in the armories. pilots. arsenals. That the Vice President of the United States. or to draft for partial military service only from those liable to draft as in this Act provided. 4. including agriculture. nor shall any substitute be received. and of officers who are appointed from. the officers. students who at the time of the approval of this Act are preparing for the ministry in recognized theological or divinity schools. be composed of men who come. and the District of Columbia. 1916–1940 the divisions authorized in the seventh paragraph of section one. persons of the following classes: County and municipal officials. but no person so exempted shall be exempted from service in any capacity that the President shall declare to be noncombatant. and such other persons employed in the service of the United States as the President may designate. Sec. Sec. No exemption or exclusion shall continue when a cause therefor no longer exists: Provided. and no such person shall be permitted to escape such service or to be discharged therefrom prior to the expiration of his term of service by the payment of money or any other valuable thing whatsoever as consideration for his release from military service or liability thereto. and navy years of the United States. and judicial. No bounty shall be paid to induce any person to enlist in the military service of the United States. as far as the interests of the service permit. persons employed by the United States in the transmission of the mails. and nothing in this Act contained shall be construed to require or compel any person to serve in any of the forces herein provided for who is found to be a member of any well-recognized religious sect or organization at present organized and existing and whose existing creed or principles forbid its members to participate in war in any form and whose religious convictions are against war or participation therein in accordance with the creed or principles of said religious organizations. the same State or locality. those in a status with respect to persons dependent upon them for support which renders their exclusion or discharge advisable. customhouse clerks. and the President is hereby authorized to exclude or discharge from said selective draft and from the draft under the second paragraph of section one hereof.

1916–1940 • 93 That notwithstanding the exemptions enumerated herein. including agriculture. there shall be created and established one such local board in each county or similar subdivision in each State. found to be necessary to the maintenance of the Military Establishment. none of whom shall be connected with the Military Establishment. modify. Such boards shall be appointed by the President. who shall be appointed by the President. one in each Federal judicial district of the United States. or to establish one such board having jurisdiction of an area extending into more than one Federal judicial district. consisting of such number of citizens. Such district boards shall have exclusive original jurisdiction within their respective areas to hear and determine all questions . and one for approximately each thirty thousand of the population in each city of thirty thousand population or over. Territory. and the District of Columbia shall be required to supply its quota in the proportion that its population bears to the total population of the United States. as the President may determine. or reverse any decision of any local board having jurisdiction in the area in which any such district board has jurisdiction under the rules and regulations prescribed by the President. to create and establish throughout the several States and subdivisions thereof and in the Territories and the District of Columbia local boards. The President is hereby authorized. according to the last census taken or estimates furnished by the Bureau of Census of the Department of Commerce. in his discretion. or the effective operation of the military forces. or the maintenance of national interest during the emergency. Such boards shall have power within their respective jurisdictions to hear and determine. all questions of exemption under this Act. not connected with the Military Establishment. each State. which shall be made under rules and regulations prescribed by the President. to be chosen from among the local authorities of such subdivisions or from other citizens residing in the subdivision or area in which the respective boards will have jurisdiction under the rules and regulations prescribed by the President. and all questions of or claims for including or discharging individuals or classes of individuals from the selective draft.” The President is hereby authorized to establish additional boards. subject to review as hereinafter provided. in his discretion. Such district boards shall review on appeal and affirm.Modern Warfare and Conscription. except any and every question or claim for including or excluding or discharging persons or classes of persons from the selective draft under the provisions of this Act authorizing the President to exclude or discharge from the selective draft “Persons engaged in industries. The President is hereby authorized. in his discretion to establish more than one such board in any Federal judicial district of the United States. practicable and desirable. and shall consist of three or more members. and where.

shall be guilty of a misdemeanor and shall. That in the call of the docket precedence shall be given. 1916–1940 or claims for including or excluding or discharging persons or classes of persons from the selective draft. and every such person shall be deemed to have notice of the requirements of this Act upon the publication of said proclamation or other notice as aforesaid given by the President or by his direction. shall be subject to registration in accordance with regulations to be prescribed by the President. Territories. and the National Guard and Naval Militia while in the service of the United States. in the execution of this Act. That persons shall be subject to registration as herein provided who shall have attained their twenty-first birthday and who shall not have attained their thirty-first birthday on or before the day set for the registration. and subdivisions thereof. to the trial of criminal proceedings under this Act: Provided further. [Ed. That all male persons between the ages of twenty-one and thirty. upon conviction in the district court of the United States having jurisdiction thereof. the Navy. 6.94 • Modern Warfare and Conscription. That the President is hereby authorized to utilize the service of any or all departments and any or all officers or agents of the United States and of the several States. and of the District of Columbia. Sec. and shall thereupon be duly registered: Provided. both inclusive. who shall also make rules and regulations regarding the organization and procedures to be followed by the local and district boards. 5. and upon proclamation by the President or other public notice given by him or by his direction stating the time and place of such registration it shall be the duty of all persons of the designated ages. to present themselves for and submit to registration under the provisions of this Act. not included within the original jurisdiction of such local boards. be punished by imprisonment for not more than one year. and all officers and agents of the United States and of the several States. and any person who shall willfully fail or refuse to present himself for registration or to submit thereto as herein provided. and the subdivisions thereof. Territories. in courts trying the same. except officers and enlisted men of the Regular Army. under the provisions of this Act. and the District of Columbia.: The following two paragraphs give final appeal and review authority to the President. unless exempted or excused therefrom as in this Act provided: Provided further. and all persons so registered shall be and remain subject to draft into the forces hereby authorized. and all persons designated or appointed under regulations prescribed by the President whether such appointments are made by the President himself or by the governor or other . That in the case of temporary absence from actual place of legal residence of any person liable to registration as provided herein such registration may be made by mail under regulations to be prescribed by the President.] Sec.

both inclusive. nineteen hundred and sixteen. Vacancies in all grades in the Regular Army resulting from the appointment of officers thereof to higher grades in the forces other than the Regular Army herein . shall be discharged upon the termination of the existing emergency. and general officers of appropriate grade for the several Coast Artillery districts. In so far as such appointments may be made from any of the forces herein provided for. at the time of their enlistment. and higher units in which the forces provided for herein may be organized by the President. is authorized to appoint for the period of the existing emergency such general officers of appropriate grades as may be necessary for duty with brigades. including those in the Regular Army Reserve. and he may also authorize the employment of any active duty of retired enlisted men of the Regular Army. either with their rank on the retired list or in higher enlisted grades. nineteen hundred and seventeen. 6 establishes penalties for failure to act. which are in force on the date of the approval of this Act and which would terminate during the emergency shall continue in force during the emergency unless sooner discharged. are hereby required to perform such duty as the President shall order or direct. and all such officers and agents and persons so designated or appointed shall hereby have full authority for all acts done by them in the execution of this Act by the direction of the President.: The remaining text of Sec. The President may provide for the discharge of any or all enlisted men whose status with respect to dependents renders such discharge advisable. the appointees may be selected irrespective of the grades held by them in such forces. That all persons who have enlisted since April first. That the President. [Ed. divisions. and neglecting to perform required duties. making false statements. 7. 8. and such retired enlisted men shall receive the full pay and allowances of the grades in which they are actively employed. Sec. That all persons enlisted or drafted under any of the provisions of this Act shall as far as practicable be grouped into units by States and the political subdivisions of the same: Provided further. 1916–1940 • 95 officer of any State or Territory to perform any duty in the execution of this Act.] Sec. That the qualifications and conditions for voluntary enlistment as herein provided shall be the same as those prescribed by existing law for enlistments in the Regular Army. either in the Regular Army or in the National Guard. and all persons who have enlisted in the National Guard since June third. except that recruits must be between the ages of eighteen and forty years. upon their application.Modern Warfare and Conscription. and such enlistments shall be for the period of the emergency unless sooner discharged. by and with the advice and consent of the Senate. but nothing herein contained shall be construed to shorten the period of any existing enlistment: Provided. All enlistments.

14. Approved.] Sec. Sec. During the course of the war. [Ed. * * * In the summer of 1918. May 18. 1916–1940 provided for shall be filled by temporary promotions and appointments in the manner prescribed for filling temporary vacancies by section one hundred and fourteen of the National Defense Act approved June third. Selective Service officials considered everyone who was not of African descent (Asians. and officers appointed under the provisions of this Act to higher grades in the forces other than the Regular Army herein provided for shall not vacate their permanent commissions nor be prejudiced in their relative or lineal standing in the Regular Army.: Sec.96 • Modern Warfare and Conscription.1). and establishes examination boards for a review of qualifications. 12.000 fine or imprisonment for not more than twelve months or both. Not all cooperated. Few Blacks requested exemption.000 fine or imprisonment for not more than twelve months or both. Mexicans. : Requires the Secretary of War to suppress and prevent houses of ill fame. 11 suspends all existing restrictions upon the detail. 10 establishes pay and allowances at the scale provided for the Regular Army. nineteen hundred and sixteen. 9–11. U. 9 specifies that appointments shall be for the period of the emergency. and American Indians) to be white.] Sec. Selective Service Regulations required separate “white” and “colored” quotas for each draft board based on the numbers of each group reported in the Census of 1910. detachment.: Prohibits the sale of alcoholic liquors in or near military camps. with a $1. By September 1918. Resistance was widespread in some regions. Sec. and sets a $1. and employment of officers and enlisted men of the Regular Army. while Sec. and methods for discharge. 2. particularly in the Deep South and Mountain West. The majority of men who registered requested some form of deferment or exemption. 1917. and increases the base pay for each scale by specified amounts. brothels.8 million men were selected by lottery for service. For quota purposes. or bawdy houses within such distance of military establishments as he may deem necessary. with the result that they received . Attorneys in most federal judicial districts reported being overwhelmed by the number of Selective Service violations reported to them.] Sec. more than 24 million had registered for the draft—approximately one-half of all adult male Americans (Figure 5. [Ed. 13. That all laws and parts of laws in conflict with the provisions of this Act are hereby suspended during the period of this emergency. Congress amended the law to cover all males between the ages of 18 and 45. [Ed.S.

Source: Library of Congress. . 1916–1940 • 97 FIGURE 5.Modern Warfare and Conscription.1 Congress approved the Selective Service Act in May 1917. Army recruiters encouraged volunteers to “beat the draft” and join now. and offered special considerations and advancement to volunteers. Rare Book and Special Collections Division.

500 Americans were the first thrown into combat to help halt a German Spring offensive that had brought the enemy to within 50 miles of Paris. Among these were a few all-Black units that Pershing and other AEF commanders refused to use in combat. and perhaps one million had been in combat. The first units of the American Expeditionary Force. the 2nd. and National Guard. under the coercion of the draft and “work or fight” laws went to work in jobs their draft boards deemed helpful to the war effort. The Army provided most Black draftees with little or no training. quotas for Blacks were lower in proportion to their population than those for whites. and trained 55 divisions and sent 42 of those to France before the war’s end. but before the end of the war in November 1918. joined American forces in Europe. so they were loaned to the French. Overall. the Army organized. Authorities also stressed the importance of women’s contributions to the war effort. had been called into service. mostly in terms of civilian work. comprising the 1st Division (the “Big Red One”). American troops took the brunt of attacks at Chateau-Thierry. the American First Army.000 women for active duty.000 casualties. Most of these troops were moved to positions along the Front in October. IV. However. more than four million men. committing some 300.” named because it included National Guard units from 26 different states. and the U. “Blackjack” Pershing. including the American I. the Navy and Marines set an important precedent by enlisting 13. In late October the 42nd “Rainbow Division. Calling them “Yeomanettes” and “Marinettes. War planners had at first anticipated equipping a half-million-man army for service in Europe. and V Corps. and then at Soissons. including volunteers. some 27.000 men to battle and suffering over 50.S. and frequently furloughed them to do farm work at the request of white farmers in the vicinity of Army camps. with the French 15th Colonial Division.98 • Modern Warfare and Conscription. arrived in France in July 1917. led the counter-offensive at St. and by the end of the summer most of the regular Army. But due to the reluctance of the Army to train and send Blacks into combat. and 26th Divisions were en route to France. In the spring of 1918. giving them the same pay and privileges as men. under the command of General John J. and suffered some of the highest casualty rates of the war. manned.” the Navy assigned them primarily to clerical support. By late summer of 1918. These four divisions were actually trained in France. Tens of millions more. Mihiel and into the Argonne Forest bringing the war to a close. Beginning in September through late October 1918. several million Americans were in or on the way to France. During the German July offensive. established under the . 1916–1940 disproportionately fewer exemptions than whites. None of the American officers in combat in World War I were products of the new Reserve Officers Training Corp program. had sent three million men to combat in France and England.

The United States set about demobilization and the pursuit of peace with a passion. “the war to end all wars” came to a close. and then reactivated in 1920. trained and then led the American armies in combat.Modern Warfare and Conscription. insisted that Selective Service was less a draft or conscription. and subsequently in World War II. The reality was that war had not been abolished—it was being ignored. however. It had not been accomplished. physically. the War Department organized a Student Army Training Corps (SATC) in late 1918. The Act provided funding and authority for the maintenance of a peacetime regular Army to include 280. they were true “citizen-soldiers. American officials in World War I. and that many who did go willingly. and fiscally. including National Guard. however. and SATC enrollments. officers who in turn. mobilization in World War I had been a prodigious and remarkably successful effort. and with the outbreak of war was suspended. Congress slowed demobilization somewhat by approving a new National Defense Act in 1920. When World War I. There was. The program allowed an enrolled student over the age of 18 to register for the draft. college classes were condensed and accelerated. To be sure.000 officers in their special 90-day programs. but it did accept a naval disarmament agreement (the Washington Naval Conference) that resulted in the sharp decline of the American Navy. although volunteers. The first ROTC officers were commissioned in 1924. many Americans “came home” mentally. To these men. In addition. and OTS. be immediately inducted into the Army as a private. In addition. Regular Army personnel. enabling a student to complete a degree in less than two years. and included provisos that would expand the National . which was designed to accelerate the production of army officers. and more a process or mechanism for bringing eligible (and willing) American men into service. and return to class (with pay) to prepare for attending one of the officer training schools.000 enlisted volunteers and 17. although it had relatively little impact on combat forces. 1916–1940 • 99 National Defense Act of 1916. Most of the American officers were instead products of special officertraining schools (OTS) based on the example of the Plattsburgh training camps. with the limited numbers of regular officers in service at the beginning of the war. That program was not initiated until September 1917. comprised a considerable portion of the total men in service. no question but that not all who served in the American armies did so willingly. by sole reliance on volunteer enlistments.” But many returned to a country that did not consider their service sufficient to earn them those rights. The Senate refused to ratify the Treaty of Versailles ending the war and commit the United States to membership in the League of Nations. did so with the hope of proving their rights to full citizenship. The OTS produced more than 80. In retrospect.700 officers.

In 1924.C. The United States remained deeply involved diplomatically and commercially in Latin America and Asia. the Department created a Joint Army–Navy Advisory Committee on Selective Service. In 1932. war and destruction were being visited upon Asia and Europe. but it would not be payable until 1945.750 men—when. isolationism. 1916–1940 Guard and ROTC programs.” descended on Washington. a “bonus army. except in the rural South. Dwight Eisenhower. the active-duty Army stood at 118. This is a matter of semantics.000 desperate veterans. including the ROTC. D. and particularly the creation of the . and President Coolidge appointed a Civilian President’s Advisory Committee on Selective Service. By 1937. and the A&M College of Texas were approved for “air service” training. Indeed. already. readily absorbed those entering the job market. and the Reserves declined sharply. The primary objective of New Deal programs was to stabilize the financial and banking structures and put Americans back to work. in 1926. as being “saturated with the ideas of militarism. corporations were threatened. the Republican administrations of Harding and Coolidge signed a series of multinational armament treaties. the Universities of California and Illinois. Some of those programs. the United States Armed Forces did intervene a number of times in Latin American countries when the interests of U. 15. demanding immediate payment of their bonus. including MIT. the War Department never stopped planning for the next mobilization. Roosevelt promised Americans a New Deal and became President in 1933. and General George Patton to clear the camp. historians have characterized this period as one of pacifism.” Congressional funding for the Army. four college ROTC programs. The domestic situation changed drastically with the stock market crash of 1929 and the advent of the Great Depression. Furthermore. the public and media tended to characterize military training programs. Nevertheless.S. during the 1920s. Complacency and the fiscal conservatism of the government during those years resulted in reduced resources to the military. Unemployment spiraled. In the 1920s. but the public seemed less interested in the rest of the world than in the remarkable economic boom of the 1920s that. By 1921. and disarmament.000. Many of the destitute were veterans who had fought in World War I. Nevertheless. Army strength stood at 150. Franklin D. The bonus army remained camped along the river for almost six weeks until the Hoover Administration ordered General Douglas MacArthur. The “bonus army” was dispersed with fixed bayonets and tear gas.100 • Modern Warfare and Conscription. ROTC.000. Congress had voted to pay each veteran a bonus. In 1926. Traditionally. his liaison. These two committees worked closely with each other continuously studying and updating legislation that could be sent to Congress on a moment’s notice—including the 1940 Selective Service Act. at 137.

and who is to serve in industry. such as the Weeks Act of 1935 and the Thompson Act of 1937. many otherwise unemployed. Finally. CH. to elect to serve one year of active duty—with pay.” That month the Army began calling National Guard units to active duty. 1940.. Its goal. Congress approved dramatic increases in appropriations for the War Department.S. Other “relief ” legislation. 1940 TO PROVIDE FOR THE COMMON DEFENSE BY INCREASING THE PERSONNEL OF THE ARMED FORCES OF THE UNITED STATES AND PROVIDING FOR ITS TRAINING. President Roosevelt and Congress acted quickly to place the U. Congress approved the Selective Training and Service Act.Modern Warfare and Conscription. in response to German military successes in Europe and ongoing Japanese expansion in Asia. 720. SEPTEMBER 16. All must serve.S. 1916–1940 • 101 Civilian Conservation Corps (CCC) in 1933. That (a) the Congress hereby declares that it is imperative to increase and train the personnel of the armed forces of the United States. The Weeks Act allowed the Army to commission 100 new second lieutenants from 50 colleges and universities nationwide. directly affected U. and authorized a larger Army. was to “determine who is to serve the nation by training for the armed forces. an average of 350. Organization and the work regimen were similar to those of the peacetime military. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. as Hershey wrote.2 SELECTIVE TRAINING AND SERVICE ACT. based upon the precedent of the Selective Service Act of 1917. military resources. 3RD SESS. The President declared a limited national emergency. Hershey. The Thompson Act funded the opportunity for 1.000 men were “on duty” with the CCC—a significant pool for future military service. the motivation for the 1940 Act had as much to do with creating new jobs as it did with war. (b) The Congress further declares that in a free society the obligations and privileges of military training and service should be shared generally in . 76TH CONGRESS. agriculture. approved expansion of the Navy.000 Army reserve officers per year. and government. As with the 1917 Act. in September 1940. The 1940 Act created the first real peacetime draft and established the Selective Service System as an independent federal agency under the direction of General Lewis B. on a war footing. In 1939 and 1940. Between 1933 and 1941. The CCC put young men to work on government-paid salaries approximating those paid military personnel. DOCUMENT 5. provided some assistance to the military.

as shall be determined by rules and regulations prescribed hereunder. for such men.102 • Modern Warfare and Conscription. and every male alien residing in the United States who has declared his intention to become such a citizen. whether or not a state of war exists. That within the limits of the quota determined under section 4 (b) for the subdivision in which he resides. any person. or such part thereof as may be necessary. every male citizen of the United States. in accordance with our traditional military policy as expressed in the National Defense Act of 1916. on the day or days fixed for the first or any subsequent registration. (a) Except as otherwise provided in this Act. as amended. Sec. be at all times maintained and assured. in the manner provided in this Act. sanitary facilities. heating and lighting arrangements. but no person who so volunteers shall be inducted for such training and service so long as he is deferred after classification: Provided further. the National Guard of the United States. between the ages of eighteen and thirty-six. between the ages of twentyone and thirty-six at the time fixed for his registration. shall be afforded an opportunity to volunteer for induction into the land or naval forces of the United States for the training and service prescribed in subsection (b). That no man shall be inducted for training and service under this Act unless and until he is acceptable to the land or naval forces for such training and service and his physical and mental fitness for such training and service has been satisfactorily determined: Provided further. medical care and hospital accommodations. 1916–1940 accordance with a fair and just system of selective compulsory military training and service. as may be . it is the intent of the Congress that whenever the Congress shall determine that troops are needed for the national security in excess of those of the Regular Army and those in active training and service under section 3 (b). and of every male alien residing in the United States. to present himself for and submit to registration at such time or times and place or places. To this end. That no men shall be inducted for such training and service until adequate provision shall have been made for shelter. as an integral part of the first-line defenses of this Nation. Sec. that it is essential that the strength and organization of the National Guard. is between the ages of twenty-one and thirty-six. who. (c) The Congress further declares. to select and induct into the land and naval forces of the United States for training and service. and in such manner and in such age group or groups. shall be liable for training and service in the land or naval forces of the United States. Except as otherwise provided in this Act. water supplies. it shall be the duty of every male citizen of the United States. The President is authorized from time to time. regardless of race or color. such number of men as in his judgment is required for such forces in the national interest: Provided. 3. shall be ordered to active Federal service and continued therein so long as such necessity exists. 2.

Modern Warfare and Conscription. he shall be deemed to be a member of such reserve component and shall be subject to such additional training and service as may now or hereafter be prescribed by law: Provided. 1916–1940 • 103 determined by the Secretary of War or the Secretary of the Navy. in time of peace. except that whenever the Congress has declared that the national interest is imperiled. while in a reserve component of such forces. (d) With respect to the men inducted for training and service under this Act there shall be paid. as the case may be. disability and death compensation. (e) Persons inducted into the land forces of the United States under this Act shall not be employed beyond the limits of the Western Hemisphere . and until he attains the age of forty-five. but nothing in this subsection shall be construed to prevent any such man. The men inducted into the land or naval forces for training and service under this Act shall be assigned to camps or units of such forces. whichever occurs first. That except in time of war there shall not be in active training or service in the land forces of the United States at any one time under subsection (b) more than nine hundred thousand men inducted under the provisions of this Act. and after transfer to a reserve component of the land or naval forces as provided in subsection (c) there shall be paid. and extended the same pay. allowances. and extended with respect to them the same benefits as are provided by law in like cases with respect to other members of such reserve component. allowed. and who thereafter serves satisfactorily in the Regular Army or in the active National Guard for a period of at least two years. pensions. or until the expiration of a period of ten years after such transfer. That any man who completes at least twelve month’ training and service in the land forces under subsection (b). from being ordered or called to active duty in such forces. unless sooner discharged. be relieved from any liability to serve in any reserve component of the land or Naval forces of the United States and from further liability for the training and service under subsection (b). Men in such training and service and men who have been so transferred to reserve components shall have an opportunity to qualify for promotion. (c) Each such man. to be essential to public and personal health: Provided further. after the completion of his period of training and service under subsection (b). shall. and other benefits as are provided by law in the case of other enlistment of like grades and length of service of that component of the land or naval forces to which they are assigned. shall be transferred to a reserve component of the land or naval forces of the United States. such twelve-month period may be extended by the President to such time as may be necessary in the interests of national defense. (b) Each man inducted under the provisions of subsection (a) shall serve for a training and service period of twelve consecutive months. or until he is discharged from such reserve component. allowed.

(a) The selection of men for training and service under section 3 (other than those who are voluntarily inducted pursuant to this Act) shall be made in an impartial manner. and the subdivisions thereof. and for subdivisions thereof. or corporation. the Regular Army Reserve. including the Philippine Islands. the quotas may be based on estimates. who. territories. under such rules and regulations as the President may prescribe. the Officers’ Reserve Corps. except that credits shall be given in fixing such quotas for residents of such subdivisions who are in the land and naval forces of the United States on the date fixed for determining such quotas. (f) Nothing contained in this or any other Act shall be construed as forbidding the payment of compensation by any person. United States Military Academy. and the District of Columbia. the naval Reserve. 4. who are liable for such training and service but who are not deferred after classification. warrant officers. the Navy. and enlisted men of the Regular Army. on the basis of the actual number of men in the several States. and the Marine Corps Reserve. . from the men who are liable for such training and service and who at the time of selection are registered and classified but not deferred or exempted: Provided. men who have been accepted for admittance (commencing with the academic year next succeeding such acceptance) to the United States Military Academy as cadets. the Enlisted Reserve Corps. Territory. and the District of Columbia. the Public Health Service. were receiving compensation from such person. firm. prior to their induction or commencement of active duty. the Coast Guard. or to members of the reserve components of such forces now or hereafter on any type of active duty. cadets.104 • Modern Warfare and Conscription. Sec. That in the selection and training of men under this Act. credits shall be given in filling such quotas for residents of such subdivisions who subsequently become members of such forces. United States Naval Academy. United States Coast Guard Academy. the marine Corps. All computations under this subsection shall be made in accordance with such rules and regulations as the President may prescribe. Until the actual numbers necessary for determining the quotas are known. the Coast and Geodetic Survey. pay clerks. there shall be no discrimination against any person on account of race or color. midshipmen. and in the interpretation and execution of the provisions of this Act. After such quotas are fixed. cadets. the federally recognized active national Guard. firm. 5 (a) Commissioned officers. 1916–1940 except in the Territories and possessions of the United States. or corporation to persons inducted into the land or naval forces of the United States for training and service under this Act. (b) Quotas of men to be inducted for training and service under this Act shall be determined for each State. and subsequent adjustments therein shall be made when such actual numbers are known. Sec.

the following persons shall be relieved from liability to serve in any reserve component of the land or naval forces of the United States and from liability for training and service under section 3 (b)— (1) Any man who shall have satisfactorily served for at least three consecutive years in the Regular Army before or after or partially before and partially after the time fixed for registration under section 2. before or after or partially before and partially after the time fixed for registration under section 2. consuls. (4) Any man who is in the Officers’ Reserve Corps on the eligible list at the time fixed for registration under section 2. or to the United States Coast Guard Academy as cadets. and who shall have satisfactorily served therein for at least six consecutive years. Reserve Officers’ Training Corps or Naval Reserve Officers’ Training Corps. [Ed. and 5 (d) for deferment of ministers of religion.Modern Warfare and Conscription. That nothing in this subsection shall be construed to prevent the persons enumerated in this subsection. 1916–1940 • 105 to the United States Naval Academy as midshipmen. before or after or partially before and partially after the time fixed for such registration: Provided. officers necessary to public health. (c) (1–2) provides for the deferment from training and service under the Act of: designated public officers such as governors and judges.] . and who have not declared their intention to become citizens of the United States. consuls general. technical attaches of foreign embassies and legations. before or after or partially before and partially after the time fixed for such registration. and diplomatic representatives. and subsequent thereto for at least two consecutive years in the Regular Army or in the active National Guard. (3) Any man who is in the active National Guard at the time fixed for registration under section 2. while in the reserve components of the land or naval forces of the United States. shall not be required to be registered under section 2 and shall be relieved from liability for training and service under section 3 (b). (b) In time of peace.: Sec. but only during the continuance of such acceptance: cadets of the advanced course. 5. residing in the United States. and consular agents of foreign countries. (2) Any man who as a member of the active National Guard shall have satisfactorily served for at least one year in active Federal service in the Army of the United States. who are not citizens of the united States. safety or interests. senior division. and who shall have satisfactorily served therein on the eligible list for at least six consecutive years. vice consuls. from being order or called to active duty in such forces.

by reason of religious training and belief. 8. [Ed. (f ) [Ed. is found . . nor could selected individuals avoid training and service by the payment of money or valuables. . agriculture. (1) of those men in a status with respect to persons dependent upon them for support which renders their deferment advisable. 1916–1940 (e) The President is authorized . to be necessary to the maintenance of the national health. or other occupations or employment. Sec. . 9 provides that any person in the employment of the United States Government. 6. or whose activity in other endeavors. Any such person claiming such exemption from combatant training and service because of such conscientious objections whose claim is sustained by the local board shall.: Provides for deferment of college students to complete the academic year in which they are enrolled at time of selection.: There follows a description of appeals processes in claims denied by local boards. or shall. or interest. or possession or the District of Columbia would upon the termination of . if he is found to be conscientiously opposed to participation in such noncombatant service. . of those men whose employment in industry. if he is inducted into the land or naval forces under this act. The President is also authorized . Sec. 7.] (g) Nothing contained in this Act shall be construed to require any person to be subject to combatant training and service in the land or naval forces of the United States who. be assigned to noncombatant service as defined by the President.106 • Modern Warfare and Conscription. . in lieu of such induction. 8 relates to the certification and proficiency of training. mentally. Sec. to provide for the deferment from training and service under this Act . The President shall have authority to induct into the land and naval forces of the United States under this Act no greater number of men than the Congress shall hereafter make specific appropriation for from time to time. . Sec. and (2) of those men found to be physically. to provide for the deferment from training and service under this Act .] Each person whose claim for exemption from combatant training and service because of conscientious objection is sustained shall be listed by the local board on a register of conscientious objectors. and the requirement for a physical at the beginning and the close of the period of training and service. safety. is conscientiously opposed to participation in war in any form.: Section 7 prohibits the payment of a bounty to induce any person to enlist or be inducted into the land or naval forces of the United States. . . . No deferment from such training and service shall be made in the case of any individual except upon the basis of the status of such individual. its Territories. or morally deficient or defective. [Ed. and no such deferment shall be made of individuals by occupational groups or of groups of individuals in any plant or institution. . be assigned to work of national importance under civilian direction.

Refusal.Modern Warfare and Conscription. Requires compliance. 1916–1940 • 107 service be restored to their previous condition of employment. and permitted to vote by absentee ballot. shall have power within their respective jurisdictions to hear and determine. training and service under this Act of all individuals within the jurisdiction of such local boards. but each member of any such local board shall be a civilian who is a citizen of the United States residing in the county or political subdivision corresponding thereto in which such local board has jurisdiction under rules and regulations prescribed by the President.” Finally. could result in the government taking immediate possession of the plant or facility. under rules and regulations prescribed by the President. all questions or claims with respect to inclusion for. as may be necessary to carry out the provisions of this Act. Each local board shall consist of three or more members to be appointed by the President. however. . [Ed: Prescribes methods of purchase or procurement of products and materials. 10. and the payment by the government of a fair price. The decisions of such local boards shall be final except where an appeal is authorized in accordance with such rules and regulations as the President may prescribe. 9. and shall provide for the classification of registrants and of persons who volunteer for induction under this Act on the basis of availability for training and service. and the District of Columbia. Appeal boards and agencies of appeal within the Selective service System shall be composed of civilians .] Sec. (2) to create and establish a Selective Service System. There shall be created one or more local boards in each county or political subdivision corresponding thereto of each State. or exemption or deferment from. Territory. Such local boards. and shall establish within the Selective Service System civilian local boards and such other civilian agencies. from recommendations made by the respective Governors or comparable executive officials. . (a) The President is authorized— (1) to prescribe the necessary rules and regulations to carry out the provisions of this Act. persons inducted would be provided with adequate facilities. and that private employers would also restore such persons to their previous employment and condition unless “the employer’s circumstances have so changed as to make it impossible or unreasonable to do so .] Sec. No member of any such local board shall be a member of the land or naval forces of the United States. subject to the right of appeal to the appeal boards herein authorized. including appeal boards and agencies of appeal.

the District of Columbia. or hinder or interfere in any way . who shall knowingly fail or neglect to perform such duty . aids. state that all persons subject to the Act shall be deemed to have notice of the requirements of the Act upon publication of a Proclamation or other public notice. enrolment.: These extend the benefits of the Soldiers and Sailors Civil Relief Act. and a conveyance of authority to the President to delegate authority vested in him under the Act. compensation and terms of employment for other employees. 8 (g). or incorrect registration.: Establishes the monthly base pay of enlisted men of the Army and Marine Corps. . . 14. shall. 15. 15. upon conviction in the district court of the United States having jurisdiction thereof.] Sec. . [Ed. except the provisions of section 3 (d). classification. or by both such fine and imprisonment. . be punished by imprisonment for not more than five years or a fine of not more than $10. shall suffer such punishment a court martial may direct . 1918. shall be excepted from registration. (a) Except as provided in this Act. 13. Alaska. . agent. or who in any manner shall knowingly fail or neglect to perform any duty required .000. or if subject to military or naval law may be tried by court martial. on conviction. access to other government agencies. to all persons inducted under this Act and to members of reserve components.108 • Modern Warfare and Conscription. or muster . or of any such local or appeal board or other agency. or deferred from training and service. agent. make false. member. approved March 8. and the text of Sec. 12. . or abets another to evade registration or service .. . shall become inoperative and cease to apply after May 15. and. or employee. with the administration of this Act . . by reason of his status as such officer. or who knowingly counsels. while land and naval forces includes the aviation units of such forces. all laws and parts of laws in conflict with the provisions of this Act are hereby suspended to the extent of such conflict for the period in which this Act shall be in service. as provided for in this Act. . Hawaii. 16. and that the term “United States” denotes the broad geographical area including the several States. Sec. and 12. (b) All the provisions of this Act. . deferment. or employee of the Selective Service System. 10 provide for the appointment of a Director of Selective Service. Any person charged as herein provided with the duty of carrying out any of the provisions of this Act .] Sec. [Ed.] Sec. 1945.. . member. No person who is an officer. authority to purchase materials from the Public Printer.: the remaining clauses of Sec. 11. . physical or mental examination. defines ages 21–36. [Ed. . induction. improper. 1916–1940 who are citizens of the United States. . . and Puerto Rico.

out of any money in the Treasury not otherwise appropriated. 18. or why not? 2. 1916–1940 • 109 except as to offenses committed prior to such service.” An educated and technically skilled military became an increasingly critical element of national defense and modern warfare. * * * Both the Selective Training and Service Act of 1940 and the Selective Service Act of 1917 introduced the concept of “selection” whereby federal officials would select a subset of men from among the available resources. It was thus no coincidence that the Serviceman’s Readjustment Act (GI Bill) of 1944 enabled and stimulated greatly expanded educational opportunities for veterans. Sec. 17. 1940. selection of men for civilian pursuits deemed consistent with the nation’s wartime needs. Section 59 of the National Defense Act of 1916. Selection also involved. drawing upon the mechanized. QUESTIONS AND ISSUES 1. This Act may be cited as the “Selective Training and Service Act of 1940. Citizenship obligations. unless this Act is continued in effect by the Congress. skilled recruits for the various services. That nuance in some respects dated back to the Morrill Land Grant College Act of 1862. the military “sought not just men. chemical. This Act shall take effect immediately. in other words. (c) There are hereby authorized to be appropriated.Modern Warfare and Conscription. Now. which imposed elements of military training and technical training in the “agricultural and mechanic” arts as adjuncts of military service.” Approved. Do you believe this strengthened or weakened the tradition of the citizen-soldier? Why. and aerial warfare experiences of World War I. and again in 1940. indirectly. but intelligent. The concept of Selective Service adopted in 1917. and Section 5 (g) of the Selective Training and Service Act of 1940 provide exemption from military service on the . might involve work that was not explicitly military in nature. offered many exemptions and deferments for men engaged in civilian occupations considered essential to the war effort. Section 2 of the Dick Militia Act of 1903. such sums as may be necessary to carry out the provisions of this Act. Sec. Section 4 of the Selective Service Act of 1917. September 16.

1. How were these groups treated differently from each other and from the rest of the Armed Forces? 2. 1916–1940 grounds of “conscientious objection” to war. did the Selective Training and Service Act of 1940 change the relationship of the National Guard to the Regular Army? 5. What do they suggest to you about how the attitudes of lawmakers toward military service obligations were changing during these years? 3.110 • Modern Warfare and Conscription. if any. The National Defense Act of 1916 includes a number of sections that specify policies for a “Porto Rican Regiment. Yet there are significant differences. How are they different? 2. In what way.” and Philippine Scouts. How did ROTC figure in the composition of the modern army prescribed by the Act of 1940? . What do you think might explain such policies? 4.” “Indian Scouts.” 1.

In the Far East. in 1931. Great Britain finally thwarted an invasion of its home island by defeating the Luftwaffe in a desperate air “Battle of Britain. Italy. Great Britain and France declared war. Japan. while the United States endorsed neutrality and isolation. enacted the first peacetime draft in American history. 1940–1947 Social and economic dislocations that followed World War I gave rise to totalitarian regimes harnessed to imperialist ambitions. Neither the U. and Germany signed a mutual defense treaty creating the Axis alliance. The draft was both a step toward . took the rest of that nation. then installed a National Socialist (Nazi) dictatorship. the Netherlands. Japan invaded the Chinese province of Manchuria. seized the Sudetenland from Czechoslovakia and then. Italy invaded and annexed Ethiopia. Japan seized Peking and expanded its control over large areas of China in 1937. Norway. Germany controlled all of Western Europe. and Germany attacked Poland. Germany reciprocated with a Blitzkrieg that overwhelmed Denmark. converting it into a puppet state called Manchukuo. and in contravention to the post-World War I peace settlements began rearming Germany. Belgium. In October 1935. Italy invaded Albania. nor the League of Nations intervened.” In September 1940. in 1939.S. and extended control over Shanghai and northern China. Adolph Hitler was elected Chancellor of Germany in January 1933. and France. Benito Mussolini seized power in Italy in 1922 and established a dictatorial “fascist” regime pledged to restore the grandeur and power of Italy as the successor of the Roman Empire. without enthusiasm. while Adolph Hitler’s Nazi Germany annexed Austria in 1938. and the United States Congress. By the summer of 1940.CHAPTER 6 WORLD WAR II.

citizenship in exchange for enlisting in the U. and reservists recalled to duty.6 million men. 1941.842 inducted under Selective Service in 1941. Although Native Americans. and a continuation of economic recovery policies. Congress repealed the offer in 1946. The devastating Japanese surprise attack on Pearl Harbor on December 7. Selective Service inducted about 8. Congress responded by allowing American merchant vessels to arm for possible attack. These included the islands of Midway. The Japanese attacked Hong Kong.S. Congress approved a $15. were called to active duty. At the very least. and another one in October. and Congress ratified this call in the Second War Powers Act of 1942. Asian Americans.S. Franklin Roosevelt issued a call for non-citizens to join the U. some feared.S. Armed Forces. followed by an attack on the American fortress at Corregidor. . was the first of a series of attacks on U. and two weeks later seized Mindanao in the Philippines.S. possessions in the Pacific. In many respects.S.5 million into service from 1942 through 1945. where they would serve in segregated units. but it was restored in 1990.000 reservists (many of them on CCC rosters).000 cash supplementation to surviving Filipino Veterans of World War II who had become U. and Guam. and another 923.S. promising that non-citizens who serve in active duty in the U. was facing an actual attack on the West Coast. the United States was at war without accepting the fact. African Americans. 1940–1947 military mobilization. Later. 1941. by only a single vote in the House of Representatives. six-hundred and thirty-three men were inducted for a one-year service obligation. citizenship. Wake. Hitler invaded the Soviet Union in June. At the time the United States Army comprised about 1. On December 9. bombed Singapore. Armed Forces would be granted U.S.S. in 2009. Over the next four years 16.S. official policies complicated the picture. Congress extended the draft. The next year.2). National Guardsmen. Latinos. including regulars and reservists. and invaded Malaya. citizens and lived in the U. followed by the invasion of the Philippines. and other racial minorities continued to see military service as a path to the full benefits of citizenship.112 • World War II. almost one-half of them volunteers (Figures 6. Most Japanese American men of military age who enlisted did so while housed in internment or relocation camps. Eighteen-thousand. the United States was in imminent danger of losing its possessions in the Pacific and. destroyer in September. and in August. In 1941. 6. and another 800.2 million men served in the Armed Forces of the United States. Japanese troops attacked Tarawa and Makin in the Gilbert Islands. Tens of thousands of Filipino men accepted the offer of expedited U. but without the veterans’ benefits. Few received the promised citizenship papers. German submarines sank a U.1. Armed Forces.

Source: Cushing Memorial Library and Archives.1 Military recruiters in World War II continued to draw upon the volunteer tradition of the past to encourage enlistment offering “opportunity. and adventure. 1940–1947 • 113 FIGURE 6. professional advancement.” This poster uses the recruiting broadside of the revolutionary era presented in Chapter 1. special training. . Texas A&M University.World War II.

and became the most recognized incentive for military service in both World War I and World War II.2 Uncle Sam’s “I Want You” broadside was designed by James Montgomery Flagg in 1917.114 • World War II. Source: Library of Congress Prints and Photographs Division. 1940–1947 FIGURE 6. .

WAVES (Women Accepted for Volunteer Emergency Service).” For a variety of reasons.4). with separate units for “white” and “colored.000.” One minority group. 1940–1947 • 115 Army historian Bettie J. WAC enlistees had military status. From then on. Congress approved the Women’s Army Auxiliary Corps (WAAC) in 1942. provided that blacks and whites would train together in officer candidate schools (beginning in 1942) and in specialist and technical training schools (beginning in 1943). the Army housed. the WAC never reached its authorized enrollment of 150. fed.” the Army continued throughout the war to segregate enlisted blacks and whites in basic training units and in housing. and.World War II. In 1943. Although these women did not have military status.000 women between the ages of 21 and 45. According to Army historian Morden. Morden describes the situation of AfricanAmerican men and women in the military during World War II: In 1940. Unlike the Army. all of the Women’s military organizations were racially segregated. clothed. since “official policy permitted separate draft calls and the officially held definition of discrimination neatly excluded segregation—and both went unchallenged in the courts. and trained them to perform a wide range of support functions short of combat. many of whose members sought the right to participate in military service. The Selective Service Act of the same year prohibited discrimination based on race or color.’ which had been rooted in that opposition. their failure to attract more than about 100. the War Department had established a policy of accepting black inductees under a quota that approximated the black proportion of the national population—10 percent. the Navy was permitted to enlist women into actual military status through the Naval Reserve.” Congress made the Corps part of the military. Like the rest of the Army. competition from industry and from the other women’s military services. and the Coast Guard Reserve. In addition to men. The Army’s training policy. the ‘slander campaign. the Army feared that mixing the races immediately upon entering the service would lead to racial conflict. These women’s units would become respectively. however.000 women was due to “continuous male opposition to women in uniform. Basic training remained segregated. In consequence. the Marine Reserve. In removing the word “auxiliary. Black men and women responded through patriotism and through the encouragement of black leaders who saw in the armed forces a chance to bring about change in the deep-rooted racial practices of segregation and discrimination. were nevertheless . Congress replaced the WAAC with the Women’s Army Corps (WAC) (Figure 6. in the face of labor shortages. SPARS (Semper Paratus–Always Ready) and the Marine Corps Women’s Reserve. The Army had argued that it could not undertake a program for such a major social change while it was in the midst of a war. and many of whom did. which authorized the Army to enroll 150.

these men and women often claimed that their military service should have earned them the rights of equal citizenship. service. One such veteran. The common experience of wartime service and dishonorable discharge was one basis on which communities of lesbians and gay men began to form. San Francisco.3 Irving Berlin’s film This is the Army depicted in this World War II poster captured the spirit of volunteerism. There had been a few attempts during World War I to identify and ferret out homosexuals from the armed services. But it is likely that it was War Department policy that helped make them into a self-aware minority group within American society. military psychiatrists supplied authorities with a constant stream of names of soldiers whom they recommended be discharged for homosexuality. Like other minority groups. No one knows how many homosexual men and women served in the Armed Forces during World War II. Texas A&M University.” Throughout the war. Source: Cushing Memorial Library and Archives.116 • World War II. and Los Angeles. psychologists could not yet agree on a definition of homosexuality. 1940–1947 FIGURE 6. and sacrifice during World War II. the Mattachine Society. officially barred. . the War Department had employed thousands of psychiatrists whose job was to screen soldiers for personality disorders and sexual “deviance. Harry Hay. Many were discharged into the same communities in places like New York. would organize the first gay rights organization. By World War II. in Los Angeles in the 1950s. But in those years.

Texas A&M University.World War II. During the war women also poured into the industrial workforce to relieve the shortages of manpower caused by the draft and volunteer service. 1940–1947 • 117 FIGURE 6. .4 Foreshadowing the modern contemporary military services. The Women’s Army Corps began the first large-scale recruitment of women during World War II. Source: Cushing Memorial Library and Archives.

The Act encouraged and facilitated the return of veterans to the civilian workforce. after an intense and costly “island-hopping” campaign that brought American forces within striking distance of the heavily fortified Japanese mainland.383 0 . compensation. brought the war to a close by dropping an atomic bomb on Hiroshima on August 6. the GI Bill established a veterans’ loan program for the purchase or construction of homes. and American servicemen and women began returning home. Almost immediately. followed by another one on Nagasaki on August 9. In 1946.970 1. Congress established the Veterans Administration (VA) as a branch of the government and an essential war agency.S.033. Number Inducted Under Selective Service 516. and the Public Health Service. the U.1). The Act transferred to the Veterans Administration the authority and responsibility for administering veterans’ disability. or hospitalization and rehabilitation benefits. and the Allies approaching the city from the west. pension. 1940–1947 With Russian armies approaching Berlin from the east. By that Act. Germany surrendered on May 8. In addition. and business property.842 3. the draft took only 183. and it funded job counseling and employment placement services under the supervision of the Veterans Table 6. farms.383 new inductees.942 945. and none in 1947 (Table 6.361 3. the United States resumed its traditional postwar demobilization policies—a demobilization and conversion from war to peace greatly facilitated by the Serviceman’s Readjustment Act (better known as the GI Bill) of 1944. with authority equal to that of the Departments of War.323. Navy.591. Hitler committed suicide in April 1945. The VA was also to administer a special veterans’ education program that enabled veterans to enrollment in college and vocational education programs. 1917–1947 Year 1917 1918 1919–1939 1940 1941 1942 1943 1944 1945 1946 1947 Source: Selective Service System.633 923. In the Pacific. Three days later. Japan surrendered.862 183.294.118 • World War II.034 0 18.212 2.1 Selective Service: Induction by Years.

That no such detail shall be made or extend beyond six months after the termination of the war. and jobs programs primarily benefited white veterans. 102. and no person shall be discharged or . No person shall be discharged or released from active duty in the armed forces until his certificate of discharge or release from active duty and final pay.World War II.1 THE SERVICEMEN’S READJUSTMENT ACT (GI BILL). 58 STAT. Nothing in the Selective Training and Service Act of 1940.: SEC. as amended. members of the Army and Navy who are about to be discharged or released from active service. 1944. and segregation in the job market limited the ability of minority veterans to take advantage of the GI Bill’s benefits. racial redlining in the granting of mortgages. appointed or enlisted personnel from the armed forces to the Veterans Administration subject to agreements between the Secretary of War or the Secretary of the Navy and the Administrator of Veterans’ Affairs: Provided. discriminatory college admissions policies. although the Act contained no explicitly discriminatory language. . JUNE 22. 1940–1947 • 119 Administration. Racial segregation in housing. SEC. CHAPTER 268. its home loan. 100. .103. 1944 TO PROVIDE FEDERAL GOVERNMENT AID FOR THE READJUSTMENT IN CIVILIAN LIFE OF RETURNING WORLD WAR II VETERANS. education. That this Act may be cited as the “Servicemen’s Readjustment Act of 1944.” TITLE I CHAPTER I–HOSPITALIZATION. 101. are ready for delivery to him or to his next of kin or legal representative. CLAIMS.: . shall be construed to prevent the transfer or detail of any commissioned. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. and part of 102 omitted] SEC. Studies have revealed that. and giving aid and advice to. A “readjustment” allowance was also payable to veterans for a maximum of fifty-two weeks if filed for within five years after the termination of hostilities. SEC. 104. or any other Act. or a substantial portion thereof. AND PROCEDURES [Ed. DOCUMENT 6. The Administrator of Veterans’ Affairs shall have authority to place officials and employees designated by him in such Army and Navy installations as may be deemed advisable for the purpose of adjudicating disability claims of.

title I. 1940–1947 released from active service on account of disability until and unless he has executed a claim for compensation. Chapter II—Aid by Veterans’ Organizations [Ed. to be filed with the Veterans’ Administration or has signed a statement that he has had explained to him the right to file such claim: Provided. shall be null and void and of no force and effect. and that the role of the American Red Cross is not prejudiced under the terms of this Act. (a) Subsection (f) of section 1. Any person entitled to a prosthetic appliance shall be entitled. That refusal or failure to file a claim shall be without prejudice to any right the veteran may subsequently assert. and provides processes for review of eligibility. Seventy-third Congress. or being a conscientious objector are not qualified for the benefits of the Act. pension. to necessary fitting and training. 400. 105.: Provides that certain individuals. or aggravation of any disease or injury he may have. including institutional training. No person in the armed forces shall be required to sign a statement of any nature relating to the origin. nor preclude the discharge of any person who refuses to sign such claim or statement: And provided further. and prior to the termination of hostilities in the present .] Chapter III—Reviewing Authority [Ed. SEC. 1940. is hereby amended to read as follows: “(f) Any person who served in the active military or naval forces on or after September 16. Public Law Numbered 2.] TITLE II Chapter IV—Education of Veterans Sec. or hospitalization. added by the Act of March 24. whether in a Service or a Veterans’ Administration hospital. That this section shall not preclude immediate transfer to a veterans’ facility for necessary hospital care. in the use of such appliance. in addition. incurrence. including such service under contract.: Chapter II provides that national officers of veterans’ organizations will be consulted as to rehabilitation activities. or by out-patient treatment. including those discharged or dismissed from service as a result of general court marshal.120 • World War II. and any such statement against his own interest signed at any time. 1. 1943 (Public Law Numbered 16. Seventy-eighth Congress).

delayed. or as a cadet or midshipman at one of the service academies. and whose education or training was impeded. or a refresher or retraining course. or interfered with. That such course shall be initiated not later than two years after either the date of his discharge or the termination of the present war. according to the regularly prescribed standards and practices of the institutions. delayed. or to education or training subject to the provisions and limitations of part VIII. and before the termination of the war. at an approved educational or training institution. or interfered with by reason of his entrance into the service. or who desires a refresher or retraining course. That his work continues to be satisfactory throughout the period. shall be eligible for and entitled to receive education or training under this part: Provided. 1940. or shall have been discharged or released from active service by reason of an actual service-incurred injury or disability. exclusive of any period he was assigned for a course of education or training under the Army specialized training program or the Navy college training program. as amended. such person shall be entitled to an additional period or periods of education or training. “2. not to exceed the time such person was in the active service on or after September 16. for a period of one year (or the equivalent thereof in continuous part-time study) or for such lesser time as may be required for the course of instruction chosen by him. part VII. which course was a continuation of his civilian course and was pursued to completion. Any person who served in the active military or naval service on or after September 16. or as a cadet or midshipman at one of the service academies. and prior to the termination of the present war. except a refresher or retraining course. Any such eligible person shall be entitled to education or training. according to the regularly prescribed standards and practices of the . That no such education or training shall be afforded beyond seven years after the termination of the present war: And provided further. Upon satisfactory completion of such course of education or training.” (B) Veterans Regulation Number 1 (a). but in no event shall the total period of education or training exceed four years: Provided. exclusive of any period he was assigned for a course of education or training under the Army specialized training program or the Navy college training program.World War II. interrupted. interrupted. whichever is later: Provided further. is hereby amended by adding a new part VIII as follows: “1. which course was a continuation of his civilian course and was pursued to completion. 1940. and who shall have been discharged or released therefrom under conditions other than dishonorable. 1940–1947 • 121 war. and who either shall have served ninety days or more. shall be entitled to vocational rehabilitation subject to the provisions and limitations of Veterans Regulation Numbered 1 (a). That any such person who was not over 25 years of age at the time he entered the service shall be deemed to have had his education or training impeded.

] 5. without subsistence allowance. or $75 per month. and to use other facilities and services of the Federal and State governments allowed. such person upon application to the Administrator. who is also eligible for the benefit of part VII. that books. shall be paid a subsistence allowance of $50 per month. to provide guidance and counseling as may be required. That where ever the additional period of instruction shall be extended to the termination of such unexpired quarter or semester. [Ed. Any such person eligible for the benefits of this part. shall be entitled to receive such lesser sums. and 4. and Sec. medical and hospital. 11. That any such person eligible under this part. except where otherwise authorized by law. as subsistence or dependency allowances.S. may pursue such full time or part-time course or courses as he may elect. if he has a dependent or dependents. payable.] 9. Sec. however. if any. relate to salaries and expenses. in the event of such election. and changing the date of eligibility for the program from December 6.: These clauses explain entitlement to study within or outside of the state of residency.: Clauses 9. and equipment provided a trainee or student or deemed the property of that person unless he fails to complete the required work. and right of Administrator to disenroll students for unsatisfactory conduct or progress.: This section explains how institutions will be reimbursed. supplies. development of a list of qualifying institutions.] . Such person attending a course on a part-time basis. 10. 402. to September 16. 10. business or other establishments. and 403. and 403. and compensation and pensions.: Prohibits U.” are approved for the program. [Ed. including regular holidays and leave not exceeding thirty days in a calendar year. 11. [Ed. 7.] 6. 401. control of participating educational institutions. 1940. and No. if without a dependent or dependents. as may be determined by the Administrator: Provided. 3. 1941. and within the limitations thereof. 1940–1947 institution: Provided. defines which “educational and training institutions. That. 401. 8. may elect which benefit he desires: Provided. and such person receiving compensation for productive labor performed as part of their apprentice or other training on the job at institutions. 402.122 • World War II. and 11 empower the Administrator of Veterans’ Affairs to administer the Act. While enrolled in and pursuing a course under this part. [Ed. subsistence allowance hereunder shall not exceed the amount of additional pension payable for training under said part VII.

If the Administrator finds that the veteran is eligible for the benefits of this title and that the loan applied for appears practicable. 1940–1947 • 123 TITLE III—LOANS FOR THE PURCHASE OR CONSTRUCTION OF HOMES. (a) Any person who shall have served in the active military or naval service of the United States at any time on or after September 16. shall be eligible for the benefits of this title. whichever is the later date. Any such veteran may apply within two years after separation from the military or naval forces. 502 and 503: Provided. within the limitations of this title. the Administrator shall guarantee the payment of the part thereof as set forth in this title. but in no event more than five years after the termination of the war.World War II. and prior to the termination of the present war and who shall have been discharged or released therefrom under conditions other than dishonorable after active service of ninety days or more. 1940. (c) Loans guaranteed by the Administrator under this title shall be payable under such terms and conditions as may be approved by the Administrator: Provided. FARMS. associations. and corporations and to governmental agencies and corporations. That loans guaranteed by the Administrator shall bear interest at a rate not exceeding 4 per centum per annum and shall be payable in full in not more than twenty years. (b) Interest for the first year on that part of the loan guaranteed by the Administrator shall be paid by the Administrator out of available appropriations. or by reason of an injury or disability incurred in service in line of duty. 500. shall decrease or increase pro rata with any decrease or increase of the amount of the unpaid portion of the obligation: Provided further. No security for the guaranty of a loan shall be required except the right to be subrogated to the lien rights of the holder of the obligation which is guaranteed: Provided. firms. That pursuant to regulations to be issued by the Administrator the mortgagor and mortgagee shall agree that before beginning of foreclosure proceedings for default in payment of principal or interest due. AND BUSINESS PROPERTY Chapter V—General Provisions for Loans Sec. either State or Federal. to the Administrator of Veterans’ Affairs for the guaranty by the Administrator of not to exceed 50 per centum of a loan or loans for any of the purposes specified in sections 501. That the liability under the guaranty. the Administrator shall have at least thirty days’ notice with the option of bidding in the property on foreclosure or of refinancing the loan with any other agency or by any other means available. or two years after termination of the war. . That the aggregate amount guaranteed shall not exceed $2. The Administrator is authorized and directed to guarantee loans o veterans subject to the provisions of this title on approved applications made to persons.000.

] Purchase of Farms and Farm Equipment Sec. to be used in farming operations conducted by the applicant. 504. 502. so as to provide for them the maximum of job opportunity in the field of gainful employment. 501. as established by the provisions of the Act of . Any application made under this title for the guaranty of a loan to be used in purchasing any business. that terms are in proportion to income. (a) In the enactment of the provisions of this title Congress declares as its intent and purpose that there shall be an effective job counseling and employment placement service for veterans. land. policies shall be promulgated and administered. may be approved by the Administrator of Veterans’ Affairs if he finds—[Ed. servicing loans. that there is reasonable likelihood of success.] Sec. or improving any buildings or equipment. 503.: That the proceeds will be used for farming operations. and that the condition of the property is satisfactory. machinery.: That the proceeds will be used for payment of the property. there is likelihood of success and the prices are reasonable. or implements. or in repairing. and that. (a) Any application made by a veteran under this title for the guaranty of a loan to be used in purchasing residential property or in constructing a dwelling on unimproved property owned by him to be occupied as his home may be approved by the Administrator of Veterans’ Affairs if he finds—[Ed.] Purchase of Business Property Sec. supplies. or tools. buildings. and it is reasonably priced. to be used by the applicant in pursuing a gainful occupation (other than farming) may be approved by the Administrator of Veterans’ Affairs if he finds—[Ed.: These are administrative provisions calling for the issuance of appropriate rules and regulations. equipment. machinery. equipment. altering. to this end. 600.124 • World War II. Any application made under this title for the guaranty of a loan to be used in purchasing any land. 505.] TITLE IV Chapter VI—Employment of Veterans Sec. livestock. and that the price to be paid is reasonable. 1940–1947 Purchase or Construction of Homes Sec. buildings.: That the proceeds will be used in a gainful occupation. [Ed. and eligibility of qualifying veterans for loans under the Bankhead-Jones Farm Tenant Act. For the purpose there is hereby created to cooperate with and assist the United States Employment Service.

] * * * . 1940–1947 • 125 June 6. shall be entitled. That no such allowance shall be paid for any period for which he receives increased pension under part VII of Veterans Regulation 1 (a) or a subsistence allowance under part VIII of such regulation: Provided further. a Veterans’ Placement Service Board. to receive a readjustment allowance as provided herein for each week of unemployment.] TITLE V Readjustment Allowances for Former Member of the Armed Forces who are Unemployed Sec. and who shall have been discharged or released from active service under conditions other than dishonorable. or whoever may have the responsibility of administering the functions of the United States Employment Service. in accordance with the provisions of this title and regulations issued by the Administrator of Veterans’ Affairs pursuant thereto. not to exceed a total of fiftytwo weeks. and Title VI describes “General Administrative and Penal Provisions. 700. and to claims. The Board shall determine all matters of policy relating to the administration of the Veterans’ Employment Service of the United States Employment Service. 1933. [Ed. whichever is the later date: Provided. definitions of terms. 1940. (a) Any person who shall have served in the active military or naval service of the United States at any time after September 16. after active service of ninety days or more. That no readjustment allowance shall be payable for any week commencing more than five years after the termination of hostilities in the present war. and allowances and procedures for handling adjusted compensation.: The remaining chapters of Title V relate to monetary entitlements. which shall consist of the Administrator of Veterans’ Affairs. and prior to the termination of the present war. staff. and the Administrator of the Federal Security Agency. cooperation with other Federal agencies. court procedures and penalties. and annual estimates and reports of expenses. and (2) occurs not later than two years after discharge or release or the termination of the war. [Ed. as Chairman. which (1) begins after the first Sunday of the third calendar month after the date of enactment hereof. the Director of the national Selective Service System.” including reports. administration of the readjustment provisions.World War II. or by reason of an injury or disability incurred in service in line of duty.: The remaining clauses and Sections of Title IV relate to duties of the Board.

and the anticipated final global peace had already evaporated. and with respect to white veterans. they observed that inequitable distribution of GI Bill benefits gave rise to all-white suburbs.” among Americans that subsequently encouraged many young men and women to volunteer for military service. For the next sixty years (1945–2005) defense spending rebounded to a persistent level of 5–10 percent of gross domestic product (Figure 6.9% (2005) Percent of GDP 34. Latinos. educated. . by 1948. 1940–1947 The GI Bill was an extremely significant.9% FIGURE 6. became influential civil rights leaders. and Native Americans.126 • World War II. Many veterans of World War II. and later Korea. The draft was reactivated. the discriminatory application of GI Bill benefits may have added impetus to the growing civil rights movements among African Americans.5). While the GI Bill has continued to have a lasting impact upon the American economy and military services.7% Build Up (1986) 6. civil rights laws to make possible the fulfillment of the promises made by the GI Bill.5 Defense Spending as a Percentage of GDP. demobilization ended. but never approached the 35 percent levels of World War II—in part due to the fact that the American economy expanded more rapidly than did military expenditures. It would take a revolution in U. and in the creation of a highly trained.S. and made desegregation of schools more difficult. decimated the tax base in many urban areas.0% Gulf War (1991) 4.6% GWOT 3. beginning in the 1950s and continuing through the 1970s. military forces were expanded. Not only did they insist that their wartime service entitled them to equal treatment as citizens. and committed workforce. The Act also provided a substantial “good will. and arms and equipment modernized. On the other hand. successful effort to assist in demobilization.5% Vietnam (1968) 8. Defense Budget as a Percent of GDP 40 35 30 25 20 15 10 5 1945 1955 1965 1975 1985 1995 2005 Korea (1953) 11.

and the continuing deployment of American military forces in disparate and diverse parts of the globe. how so? 6. recurrent global crises and military engagements.2 million person armed services? 2. What incentives existed for military service in the World War II era? 3. How did minority groups fare in the processes for the procurement of military personnel? 5. Is it important for the United States to maintain a “standing” military force? . Is universal military service a reasonable or inviting alternative to contemporary procurement through volunteers and special incentives? 8. fueled with atomic weapons and intercontinental missiles. citizen-soldiers’ selective service? If so. How did the United States procure its 16. Concurrently.World War II. how so? 7. QUESTIONS AND ISSUES 1. Did the benefits and incentives provided veterans under the GI Bill alter previous traditions of volunteer. the character and composition of American military forces changed. intermittent regional warfare (as in Korea. and Vietnam). What exemptions and exclusions existed? 4. 1940–1947 • 127 The post-World War II era is characterized by the overarching threat of a new global conflagration. Did World War II and its aftermath seem to alter the character and composition of the American military? If so.

and when. the draft became what appeared to be a permanent fixture. British. For the first time in United States history. the Allied powers divided administrative control over occupied German territories into four zones occupied separately by American. combat missions in such disparate places as the Philippines and the Dominican Republic. and to anti-colonial nationalist revolutions throughout the Third World at the same time. but significant. the draft was a fact of life. without reference to the draft between 1948 and 1973. and French forces. The “Cold War” and wars in Korea and Vietnam are familiar to most Americans.CHAPTER 7 THE COLD WAR: KOREA. And although the Selective Service System primarily drafted men for the Army. the nation engaged in a series of undeclared and non-traditional wars. with Berlin and East Germany. Bulgaria. 1960s. For every American boy who came of age during the 1950s. during the same period. how. including Poland. At the close of World War II. Nor can we understand the very explicit relationship that developed during these years between military service and the rights of citizenship without some reference to various civil rights movements in the United States. as was the possibility of serving on any continent or in any ocean as the United States established hundreds of military bases around the world. and . But during the same period the United States Armed Forces engaged in brief. we cannot understand who served. and early 1970s. and the vast majority of men and women in the Armed Forces were volunteers. AND THE CHANGING DIMENSIONS OF MILITARY SERVICE The three decades following the end of World War II were unique in terms of the central questions of this book. and much of Eastern Europe. Russian. VIETNAM. why. Whether by coincidence or not.

part of Manchuria. and after the war President Harry S. which lay well within the Russian occupation zone. and Congress obliged. and that those Reserve Forces should be integrated with the regular forces. And third. The Marshall Plan provided large-scale economic relief and support for recovering European economies. ferrying supplies and relief to the beleaguered city. devised largely by George C. In the west. The United States countered by implementing the Marshall Plan. Armed Forces for the coming decades. the Soviet Union unilaterally annexed the Kurile Islands. In April 1949. France. Iceland. Greece. President Harry S. the Netherlands. Marshall.S. under the control of the Soviet Union. Czechoslovakia. Italy. he called for. Most famous of these was his executive order to racially integrate the Armed Forces.S. In this context. A small part of the U. That directive began the integration of the Reserves into the “ready” reserves of the Armed Forces. Norway. Truman’s Secretary of State. War was an option. In June 1948. and that the overall mission of the Reserve Forces should be to provide trained units and qualified officers to meet the needs of the active regular forces. Portugal. the United States joined Great Britain. The shadow of war darkened. Second. and northern Korea. the Soviet Union imposed a blockade on American and Allied access to Berlin. war in Vietnam. seemingly insignificant to many at the time. he commissioned Assistant Secretary of War Gordon Gray to review the armed services manpower resources.S. and regained the southern half of Sakhalin Island from Japan. President Truman initiated three important developments that would shape service in the U.The Cold War: Korea and Vietnam • 129 Yugoslavia. By Executive Order on October 15. but President Truman responded to the Berlin blockade with a Berlin airlift. effort to rebuild Europe. Belgium. Luxembourg. In retrospect. Denmark. but announced in September that it had exploded an atomic weapon. was the return of the former French colony of Vietnam to France. Hungary. a renewal of the draft. and Canada in a North Atlantic Treaty Organization (NATO) providing that an attack against any member would be considered an attack against all. 1948. . The “Gray Board” urgently recommended that each branch of the military forces sustain an organized reserve. and Turkey. Truman directed that the Secretary of Defense and all departments of the Military Establishment should proceed without delay to utilize all regular components of the Armed Forces and to organize and train all reserve individuals and units to meet the anticipated needs of the military forces. The Soviet Union also began to support communist revolts in China. Russia lifted the blockade in May 1949. the Army Chief of Staff during World War II. and the readiness of the Reserve Forces. and was intended to stabilize the situation in Europe and deter communist incursion. while exercising control over Outer Mongolia. this was the real beginning of what would twenty years later become the U.

and received support from sixteen members of the United Nations. representing approximately 9 percent of the total gross national product. but the sudden onslaught by thirty-three Chinese divisions changed the dynamics of war to a desperate defense.5 billion to help build a NATO army. government expenditures had risen to $39 billion. military commitments and expenditures for armaments and defense continued to grow. ranging from Egypt and Israel.5 million men were in the military services. communist North Korean forces struck across the 38th parallel into Korea.8 billion for defense. The United States committed troops under General Douglas MacArthur to the defense of South Korea. The United States increased its commitment of troops and money to the defense of South Korea. In 1950.642 Americans had died in combat. religion or national origin. . and some 3. some 33. including $1. Over the next two decades “engagements” in diverse areas of the world. Harry S. U. and the conflict threatened to expand throughout the world. In 1940. to Nationalist China and Vietnam consumed American dollars and military forces. Truman as President and Commander in Chief of American military forces issued an executive order to assure that there “shall be equality of treatment and opportunity for all persons in the armed services without regard to race. and top military officials did not initiate racial integration until base commanders began to do so on their own initiatives during the Korean War. at the height of the Korean War. By the close of the Korean War. Responding to post-war civil rights movements that were often led by veterans of World War II. and brought to power a communist government headed by Mao Tse-tung. to Czechoslovakia and Hungary.S. of which $13. In 1948.” The order.S. total expenditures of the federal government were $9 billion. were for defense. color. U. That same year armistice talks began with China and North Korea and continued even while battles were fought for the next two years. In June 1950. before Pearl Harbor. military expenditures exceeded $44 billion and almost 60 percent of the total budget. In 1953. or one-third of total expenditures. General Dwight D. By 1950.4 billion. however.130 • The Cold War: Korea and Vietnam That year civil wars in China swept away the Nationalist forces of General Chiang Kai Chek. and to Cuba and Panama. the President and military leaders became more sympathetic to the concerns of African Americans and women regarding segregation and unequal treatment in the Armed Forces. Congress appropriated $1. did not directly require the Armed Forces to implement racial integration. and to the defense of Europe. Eisenhower was recalled to duty and placed in command of NATO forces in Europe. finally concluding in an uneasy truce along the 38th parallel. The fragile post-World War II peace had turned to war in East Asia. and in 1951.

5. All executive departments and agencies of the Federal Government are authorized and directed to cooperate with the Committee in its work. It is hereby declared to be the policy of the President that there shall be equality of treatment and opportunity for all persons in the armed services without regard to race. This policy shall be put into effect as rapidly as possible. having due regard to the time required to effectuate any necessary changes without impairing efficiency or morale. and the Secretary of the Air Force. color. the Secretary of the Army.1 EXECUTIVE ORDER 9981 ESTABLISHING THE PRESIDENT’S COMMITTEE ON EQUALITY OF TREATMENT AND OPPORTUNITY IN THE ARMED FORCES WHEREAS it is essential that there be maintained in the armed services of the United States the highest standards of democracy. . The Committee is authorized on behalf of the President to examine into the rules. it is hereby ordered as follows: 1. religion or national origin. procedures and practices may be altered or improved with a view to carrying out the policy of this order. by the Constitution and the statutes of the United States. There shall be created in the National Military Establishment an advisory committee to be known as the President’s Committee on Equality of Treatment and Opportunity in the Armed Services. procedures and practices of the Armed Services in order to determine in what respect such rules. the Secretary of the Navy. persons in the armed services or in any of the executive departments and agencies of the Federal Government shall testify before the Committee and shall make available for use of the Committee such documents and other information as the Committee may require. with equality of treatment and opportunity for all those who serve in our country’s defense: NOW THEREFORE. by virtue of the authority vested in me as President of the United States. The Committee shall confer and advise the Secretary of Defense. and to furnish the Committee such information or the services of such persons as the Committee may require in the performance of its duties.The Cold War: Korea and Vietnam • 131 DOCUMENT 7. When requested by the Committee to do so. 3. and as Commander in Chief of the armed services. which shall be composed of seven members to be designated by the President. 4. and shall make such recommendations to the President and to said Secretaries as in the judgment of the Committee will effectuate the policy hereof. 2.

soundly defeated the French in 1954 at Dien Bien Phu. with the Democratic Republic of Vietnam under Ho Chi Minh controlling the North.S. the Vietminh (which consisted primarily of South Vietnamese) and the North Vietnamese worked throughout the South to destabilize the Diem regime. and the south becoming the Republic of Vietnam headed by a titular emperor. The peace treaty agreed to in Geneva that year provided for a temporary division of Vietnam into north and south.S. They did so by arranging to place Ngo Dinh Diem in power in a southern Republic of Vietnam. Vietnam had been divided into a northern and southern sector. espoused the sentiments in the U. the Vietminh.S.S. The French were returned to Vietnam on U. intelligence reports in 1955 predicted that Ho Chi Minh would win any national election with perhaps 80 percent of the vote. and the sometime former emperor. the United States began sending advisors to the Republic of Vietnam. recognition of the new nation. and a prime minister. under the leadership of Ho Chi Minh. heavily funded the French effort and provided other assistance through the Central Intelligence Agency. with its eye on the economic recovery of Europe. Somewhat like Korea.S. U. A nine-year war ensued during which the U. Bao Dai. Instead. This resulted in the U. economic and military assistance. * * * In 1955.S. With the defeat of Japan.S.. Declaration of Independence. naval vessels. Free elections were to be held in 1956 to establish a national government for all of Vietnam. annually raising the number of military advisors stationed in Vietnam by small increments . with the northern sector becoming the Democratic Republic of Vietnam under the leadership of Ho Chi Minh. Bao Dai. Ngo Dinh Diem. which required ever-increasing amounts of U. The Committee shall continue to exist until such time as the President shall terminate its existence by Executive order. the U. Subsequently. which he succeeded in doing. in charge of the South. and with apparently some support from the Soviet Union. under General Vo Nguyen Giap. It was then up to Diem to block the elections. Ho Chi Minh was a popular leader throughout Vietnam dating back to the days of French colonialism. Ho Chi Minh declared Vietnamese independence. It was the high point of the Cold War. The French lost Vietnam to the Japanese during World War II. The Vietnamese resisted through the guerrilla organization. President Eisenhower and his advisors felt they had no choice but to block the 1956 elections.132 • The Cold War: Korea and Vietnam 6.S. The Vietminh. and sought U. and given the Soviet Union’s support for Ho. insisted on helping the French in re-establishing Vietnam as a French colony.

000 in 1965.000 so-called “disadvantaged” youth. comprised a substantially greater part of American personnel in military service.The Cold War: Korea and Vietnam • 133 for the next five years. Public support for the war faded and anti-war sentiment grew. and soared to almost a half-million by 1966 as full-fledged combat with North Vietnam ensued. and were more likely to get the most dangerous combat assignments in Vietnam.749 in 1966 to 72.000 troops on the ground there. In the words of a Department of Defense Report: We were convinced that a very high proportion of these men would qualify as fully satisfactory servicemen when exposed to the modern instructional techniques used in the Armed Forces. Kennedy was assassinated. In November 1963. protests against the war in Vietnam and against the draft accelerated.S. This project lowered mental and physical standards for enlistment in order to recruit 100. Numerous studies of this program show that these men not only tended to remain in the lowest ranks while in the Army. and some forces remained in Indochina through mid-1975. a Roman Catholic. Between 1960 and 1973 over three million Americans served in Vietnam. enrollments in the Reserve Officers Training Corps dropped from 191. One proposal to increase enlistment was Defense Secretary Robert McNamara’s Project 100. The U. Vietnam Veterans against the War. There were anti-war and anti-draft demonstrations at colleges and universities across the nation. exemplified the depth of the discontent. Army Reserves. In the years between 1969 and 1973. ROTC units had produced over half of all officers who served in Vietnam. just a few weeks before President John F. resulting in a 40 percent increase in Black enlistments.000 in 1966. their service would prepare them for more productive lives when they returned to civilian life. received an “urgent appeal” for military assistance from South Vietnam and by the close of 1961 had committed some 3. and in response. had 16. the U. and volunteers. Diem suffered the same fate at the hands of his generals. The number of troops in South Vietnam grew to over 23.000 killed in action in Vietnam.S.459 in 1973.000 in 1964. The program was a public relations disaster . rose to 184. as opposed to those enrolled under selective service. the U. At that time. Throughout the Cold War era. The recruitment effort focused especially on poor African-American youth.000 lives. and National Guard. but there was no measurable benefit to them when they left the service. The organization.S. and in the combat in Vietnam. U. In 1963 Diem. suffered the loss of over 56. Regular Army.S. As a by-product. Then. in 1961. officials approved his generals’ plan for a coup. embarked on a brutal program of repression against the Buddhist majority of the country. as did the fact that nationwide.000 troops to combating the insurgency. including 46.

the more economically privileged—could manipulate the policy of exemptions and deferments under the Selective Service System. possibly resulting in assignment to Vietnam. a practice the Supreme Court would rule illegal. SELECTIVE SERVICE SYSTEM. and interest. Hershey had approved “punitive inductions” of men who publicly protested the wars in Korea and Vietnam. College and university enrollments ballooned. but to exert an effect beneficial to the national health. but into jobs the government wanted them in. safety. and possibly even leading to their deaths. and some faculty were reluctant to give low grades to draft-age males for fear it would cost the students their deferments. activities that are in the national interest. 1970. Added to such charges was the fact that men who had access to doctors. Much criticism of Hershey accused him of using the draft for political and other purposes not related to providing men for the Army. 1941. many directed their ire at General Lewis B. Director of the Selective Service System. President Franklin D. By identifying and applying this process intelligently the System is able not only to minimize any adverse effect.. In some ways. He spelled this out in a famous memo released in 1965 known as the “Channeling Memo. DIRECTOR. Further skewing things were student deferments for college students. Jr. interest. and progress. HERSHEY.” Furthermore. As the draft became a focus of much anti-war sentiment. DOCUMENT 7. and counselors—in other words. a charge made by Martin Luther King. lawyers. Hershey willingly confirmed such accusations. Roosevelt appointed him Administrator effective July 31.2 CHANNELING MANPOWER GENERAL LEWIS B. in his famous speech against the war in 1967. 1965 One of the major products of the Selective Service classification process is the channeling of manpower into many endeavors and occupations. Hershey had served in the Selective Service Administration since the Great Depression. This function is a counterpart and amplification of the System’s responsibility to deliver manpower to the armed forces in such a manner as to reduce to a minimum any adverse effect upon the national health. safety. and he served in that capacity until February 15.134 • The Cold War: Korea and Vietnam and fed charges that the poor and men of color were suffering higher casualty rates than other Americans in Vietnam. arguing forcefully that the function of the draft was not only to coerce men into the Army. The line dividing the primary function of armed forces manpower procurement from the process of channeling manpower into civilian support is often . Hershey.

.The Cold War: Korea and Vietnam • 135 finely drawn. is actual procurement by inducement of manpower of civilian activities which are manifestly in the national interest . He is impelled to pursue his skill rather than embark upon some less important enterprise and is encouraged to apply high skill in an essential activity in the national interest. or interest—or he is denied deferment. He complains of the uncertainty which he must endure. He has many choices and he is prodded to make a decision. but his selective service file must contain sufficient current evidence on which can be based a proper determination as to whether he should remain where he is or be made available for service. . It is not necessary for any registrant to specifically request deferment. He can obtain a sense of well being and satisfaction that he is doing as a civilian what will help his country most. He does not have the inhibitions that a philosophy of universal service in uniform would engender. A critical skill that is not employed in an essential activity does not qualify for deferment. or uses it in a nonessential activity. he would like to be able to do as he pleases. This reminds him of the basis of his deferment. safety. a process of periodically receiving current information and repeated review assures that every deferred registrant continues to contribute to the overall national good. Registrants and their employers are encouraged and required to make available to the classifying authorities detailed evidence as to the occupations and activities in which registrants are engaged. It continues with equal intensity after graduation. in the same directions. Since occupational deferments are granted for no more than a year at a time. In the less patriotic and more selfish individual it engenders a sense of fear. The process of channeling by not taking men from certain activities who are otherwise liable for service. the pressure—the threat of loss of deferment—continues. Throughout his career as a student. uncertainty. his love of country and its way of life. The loss of deferred status is the consequence for the individual who has acquired the skill and either does not use it. his sense of good citizenship. he would appreciate a certain future with no prospect of military service or civilian contribution. but he complies with the needs of the national health. The door is open for him as a student to qualify if capable in a skill needed by his nation. His local board requires periodic reports to find out what he is up to. The skills as well as the activities are periodically reevaluated. nevertheless. . This process encourages him to put forth his best effort and removes to some degree the stigma that has been attached to being out of uniform. The psychological effect of this circumstantial climate depends upon the individual. It is in this atmosphere that the young man registers at age 18 and pressure begins to force his choice. or by giving deferments to qualified men in certain occupations. and dissatisfaction which motivates him.

” The criticism came on the heels of the Korean War. These two considerations constitute the national interest which governs local board classifications. 1966] The Selective Service System exists to insure the maintenance of the Armed Forces necessary for our defense. DC. he again becomes available for the service which he is obligated to perform under the law. and the growing engagement of American troops in Vietnam. the Congress in the law imposed on all men within liable age the obligation to perform military service. If the needs of the Armed Forces or pertinent information about the individual convince the local board that his deferment is no longer in the national interest. WASHINGTON. selective service. Congress created the Selective Service System to determine through local board classification decisions the order in which men are called to discharge the military obligation. 82.3 SELECTIVE SERVICE SYSTEM: PRESENT OPERATIONS OF THE SYSTEM AND LOCAL DRAFT BOARDS [DOCUMENT NO.136 • The Cold War: Korea and Vietnam * * * Hershey’s “Channeling Memo” generated strong reactions from those who thought he was advocating government-directed military and civilian employment. Under the law and regulations every registrant is deemed available for service (Class I-A) until it is demonstrated to the satisfaction of the local board that he should be temporarily deferred or exempt in the national interest. U. and the draft. while troop demands were growing dramatically. the demands for . But. Congress acted to try to resolve the criticism by the preparation and publication of a Congressional Document “clarifying” Hershey’s (and Congress’s) position on volunteers. In 1966.S. A registrant who is deferred earns no vested right to the deferment. the fact was that the U.S. Military was facing a decline in volunteers. Hershey became a lightning rod for the rising anti-war sentiments and protests. DOCUMENT 7. During the current build up of the Armed Forces. and those who believed he was criticizing youth for making “wrong choices. This order is determined by the numbers of men needed by the Armed Forces and by the needs of the civilian society which are met through temporary deferment of the individual’s military service. To insure that the Nation shall be prepared to raise and support the military forces required. GOVERNMENT PRINTING OFFICE.

class standing. enlistment and failure to qualify under Armed Forces medical. In the same period. and (3) students.] Selective Service is the oldest and most universal method of raising Armed Forces. the System is instituting a program similar to that used during and after Korea of considering a student’s standing in his class or his score on a special test which will be made available to any student desiring to take it in May and June of this year. and moral standards. the Congress provided by law for the Office of Selective Service Records to preserve the . Monthly draft calls have been in the 30. the memorandum reviews the various Selective Service Classifications (seventeen total) from I-A (Available). The available manpower 19–26 has steadily declined through induction. and notes that Armed Forces Examining Stations currently are examining nearly 200. for example. Enlistments have increased substantially.000 inductees to the Armed Forces. The largest deferred categories from which additional manpower can be made available are (1) those men deferred because they do not meet current Armed Forces standards. To that end. Modern selective service in the United States dates from September 1940. to V-A (Being over the Age for Service). and has been continuous since that time.: Hershey’s memorandum then describes the sequences for selection of men to serve. many of them after induction orders had been mailed. For example. (2) fathers and persons with other dependents who would suffer extreme hardship if the registrant were inducted.The Cold War: Korea and Vietnam • 137 manpower by the Armed Forces have increased several fold over a year ago. Even during the period March 1947 to June 1948. [Ed. in time of war. a major part of them being traceable directly to the existence of the selective service obligation and local board processing. when an active Selective Service System was not in operation. and similar criteria. mental.000 men have enlisted after they had been examined and found qualified for induction.000 to 40. These criteria are advisory only as the law provides that no local board can be required to defer a student solely on the basis of any test score. In order to maintain a source for inductions and enlistments the Selective Service System is faced with the necessity of returning to class I-A (available for service) some men currently deferred.000 range. in the last 5 months about 180. but who would be qualified under lower standards such as would prevail.000 registrants each month to determine their status for selection. It has been determined that the student population should be screened more closely. These increased demands on the Nation’s manpower resource do not permit the continued liberal deferments of a year ago. local boards provided about 170. except for a brief period from March 1947 to June 1948. grades. Next.

The State director and local board members are appointed by the President. Selective service in the United States is based on the accepted principle of the universal obligation and privilege of citizens to defend the Nation.000 of these local boards located in every community throughout the Nation. founded upon the grassroots principle. to which all subsequent cases involving conscientious objectors referred.” Others claimed objection only to participation in the Vietnam War. in which boards made up of citizens in each community determine when registrants should be made available for military service. This forced the courts to consider the meaning of the Selective Service Act’s requirement that conscientious objectors base their claims on “religious training and belief.000 citizens contribute their services without pay as members of these local boards. . Many requests for deferment on the basis of being a conscientious objector were submitted by men who did not claim affiliation with traditional peace churches. The law further requires a State headquarters in each of the States.138 • The Cold War: Korea and Vietnam knowledge and methods of selective service. * * * Requests for student deferments rose throughout the course of the Vietnam War. The present Selective Service System is not an experiment. Related to both of these issues was the question of how and when individuals came to their opposition to participation in war. as did claims for draft deferment because of being a conscientious objector. not to all war. Many soldiers did not consider the question until they experienced combat. and provides for a State director in each to administer the State headquarters and to represent the Governor. was United States v. as required by the law. More than 40. The history of compulsory military service in this country has made the fact abundantly clear. No system of compulsory service in this country could long endure without the support of the people. but was not finally decided until 1965. The people of the country will support a compulsory system only to the extent that they themselves operate it. It was a case that began in 1953. There are more than 4. Could moral opposition to participation in war be rooted in religious training and belief if a soldier arrived at it as a result of combat? Each of these questions would reach the Supreme Court—some several times between 1964 and 1973. Seeger. The precedent-setting case. upon recommendation of the Governor. The selective service law further recognizes the importance of the decentralization principle by making the Governor of each State the nominal head of selective service within his State. The Selective Service System is. and in various capacities as advisors to the local boards and to the registrants. therefore.

both of which included research in religious and cultural fields. and could be “accommodated” under the definition of religious training and belief in the Act. and made in good faith. He was convicted and the Court of Appeals reversed. 50. “rather than answer ‘yes’ or ‘no’”.* Seeger was convicted in the District Court for the Southern District of New York of having refused to submit to induction in the armed forces. that his was a “belief in and devotion to goodness and virtue for their own sakes. except in the remotest sense. At trial Seeger’s counsel admitted that Seeger’s belief was not in relation to a Supreme Being as commonly understood.4 U. No.S. SEEGER. holding that the Supreme Being requirement of the section distinguished “between internally derived and externally compelled beliefs” and was. SEEGER. 1965. 1964. 73. however. The validity of what he believes cannot be questioned.” R. an “impermissible classification” under the Due Process Clause of the Fifth Amendment. R. UNITED STATES V.S. that his “skepticism or disbelief in the existence of God” did “not necessarily mean lack of faith in anything whatsoever”. he declared that he was conscientiously opposed to participation in war in any form by reason of his “religious” belief. honest. Argued November 16–17.2d 846. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT. that he preferred to leave the question as to his belief in a Supreme Being open. but contended that he was entitled to the exemption because “under the present law Mr. Seeger’s position would also include definitions of religion which have been stated more recently. might be tempted to question the existence of . 69-70. His belief was found to be sincere. and a religious faith in a purely ethical creed. 326 F. 53. Decided March 8.The Cold War: Korea and Vietnam • 139 DOCUMENT 7. Aristotle and Spinoza for support of his ethical belief in intellectual and moral integrity “without belief in God. He first claimed exemption as a conscientious objector in 1957 after successive annual renewals of his student classification. SUPREME COURT. and indeed some examiners. Although he did not adopt verbatim the printed Selective Service System form. 73. but this classification was changed in 1955 to 2-S (student) and he remained in this status until 1958 when he was reclassified 1-A.” R.” R. therefore. 49. He cited such personages as Plato. 1965 380 U. 163 (1965) UNITED STATES v. Seeger’s claim. Some theologians. was denied solely because it was not based upon a “belief in a relation to a Supreme Being” as required by 6 (j) of the Act. and his conscientious objection to be based upon individual training and belief. He was originally classified 1-A in 1953 by his local board.

S. this Court held that: The provision making the decisions of the local boards ‘final’ means to us that Congress chose not to give administrative action under this Act the customary scope of judicial review which obtains under other statutes. The question of jurisdiction of the local board is reached only if there is no basis in fact for the classification which it gave the registrant. 327 U. United States. the statutory definition excepts those registrants whose beliefs are based on a “merely personal moral code. show that at no time did any one of the applicants suggest that his objection was based on a “merely personal moral code. They may not be put to the proof of their religious doctrines or beliefs. The use by Congress of the words “merely personal” seems to us to restrict the exception to a moral code which is not only personal but which is the sole . however.” Indeed at the outset each of them claimed in his application that his objection was based on a religious belief. there remains the significant question whether it is “truly held. As we noted earlier.” Local boards and courts in this sense are not free to reject beliefs because they consider them “incomprehensible. religious. It is. APPLICATION OF 6 (J) TO THE INSTANT CASES. in his own scheme of things. 78.” This is the threshold question of sincerity which must be resolved in every case. of course.140 • The Cold War: Korea and Vietnam the registrant’s “Supreme Being” or the truth of his concepts. 86 (1944): “Men may believe what they cannot prove. 322 U. Finally. The Act provides a comprehensive scheme for assisting the Appeal Boards in making this determination. The decisions of the local boards made in conformity with the regulations are final even though they may be erroneous. Ballard. But we hasten to emphasize that while the “truth” of a belief is not open to question. we would point out that in Estep v. including the Federal Bureau of Investigation and hearing officers.” The records in these cases.S. 114 (1946). It means that the courts are not to weigh the evidence to determine whether the classification made by the local boards was justified. Religious experiences which are as real as life to some may be incomprehensible to others. But these are inquiries foreclosed to Government.” Their task is to decide whether the beliefs professed by a registrant are sincerely held and whether they are. placing at their service the facilities of the Department of Justice. We have construed the statutory definition broadly and it follows that any exception to it must be interpreted narrowly. AS MR. a question of fact––a prime consideration to the validity of every claim for exemption as a conscientious objector. JUSTICE DOUGLAS stated in United States v.

Tillich. at 853. as the Court of Appeals observed. as we have said. prove impossible as a practical matter. the Court of Appeals failed to find sufficient “externally compelled beliefs. the statute does not distinguish between externally and internally derived beliefs. the Quakers. perhaps.” But as we have said.The Cold War: Korea and Vietnam • 141 basis for the registrant’s belief and is in no way related to a Supreme Being. It found little distinction between Jakobson’s devotion to a mystical force of “Godness” and Seeger’s compulsion to “goodness.” Of course. Perhaps. We are reminded once more of Dr. we think the Board. it did find that “it would seem impossible to say with assurance that [Seeger] is not bowing to ‘external commands’ in virtually the same sense as is the objector who defers to the will of a supernatural power. in order to do so. he devoted his spare hours to the American Friends Service Committee and was assigned to hospital duty. indeed he stated that “the cosmic order does. that if the claimed religious beliefs of the respective registrants in these cases meet the test that we lay down then their objections cannot be based on a “merely personal” moral code. Seeger professed “religious belief” and “religious faith. translate it. In light of his beliefs and the unquestioned sincerity with which he held them. therefore. of your ultimate concern. 50.” He did not disavow any belief “in a relation to a Supreme Being”. In Seeger. you must forget everything traditional that you have learned about God. and we have found that Congress intended no such distinction. he approved of their opposition to war in any form. In summary. had it applied the test we propose today.” However.2d. suggest a creative intelligence. He was a product of a devout Roman Catholic home. and speak of the depths of your life. Such a determination would. of the source of your being. The Court of Appeals also found that there was no question of the applicant’s sincerity. We think it clear that the beliefs which prompted his objection occupy the same place in his life as the belief in a traditional deity holds in the lives of his friends. Congress did not intend that to be the test. The Shaking of the Foundations 57 (1948). It may be that Seeger did not clearly demonstrate what his beliefs were with regard to the usual understanding of the term “Supreme Being. No. of what you take seriously without any reservation.” He decried the tremendous “spiritual” price man must pay for his willingness to destroy human life. he was a close student of Quaker beliefs from which he said “much of [his] thought is derived”.” 326 F. would have granted him the exemption. Tillich’s thoughts: And if that word [God] has not much meaning for you. It follows. .

it violated his “small r” republican ideology. and second. Each draft registrant now had a number that told him how likely he was to be drafted. From the start of his presidency in 1969. President Nixon further weakened the anti-war movement when he announced that no more draftees would be sent to Vietnam. The implementation of a “draft lottery” took a great deal of wind out of the sails of the anti-war movement on campuses. and the belief “occupies in the life of its possessor a place parallel to that filled by the God of those admittedly qualified for the exemption. 1973. Under the lottery. He had two reasons: First. Republican Richard Nixon was elected on the promise of a “secret plan to end the war. With the end of student deferments. More than half of draft-age men instantly knew they probably would not be drafted. but it did remove a flashpoint. This fueled the anti-war and anti-draft movements. 1970. Nixon eliminated student deferments. local draft boards called the oldest available men first. men with the lowest lottery numbers were called first. and the related unrest at home. Getting rid of Hershey probably did not earn President Nixon points with the anti-war movement. at the beginning of 1973. They now drafted many young men before they had formed strong views on the war. this meant the Army immediately began to induct many more 18-year-olds than before. U. but older registrants were also more likely to be politically active.S. or had become politically active. The lottery changed the order of call.” Because of the Vietnam quagmire.” and a proposal to phase out the draft. Richard Nixon was committed to ending the draft. the more likely he was to be drafted. Six months later. or those most likely to pass beyond draft liability. The All-Volunteer Army had begun. local draft boards must grant the conscientious objector claim if the beliefs otherwise meet the requirements. instituted a draft lottery. This meant that the older a draft registrant got. In that case.142 • The Cold War: Korea and Vietnam * * * The Supreme Court expanded its Seeger ruling in 1970 in the case of Welsh v. . In the past. In rapid succession during 1969 and 1970. In 1972. At the beginning of his term he appointed a commission to study the idea of an All-Volunteer Army. it ruled that even when a claimant insisted that his beliefs were not religious. One year later. the Commission enthusiastically endorsed the idea. and fired Director of Selective Service General Lewis B. United States. Lyndon Johnson chose not to run for reelection in 1968. Hershey effective February 15. forces in Vietnam would henceforth consist solely of volunteers. he believed the draft was a primary factor fueling the anti-war movement. the President announced he was suspending draft calls and would not ask Congress to renew the President’s authority to induct men under the Selective Service System when it expired June 30.

The Commission believes that if these reforms are enacted this year.” The Commission. said the report. Similarly.S. would maintain the nation’s ability to meet any crisis. Serious inequity in the pay for first-term servicemen has arisen because conscription has been available to maintain the strength of the armed forces. the Commission accepted a range of .5 SUMMARY OF THE REPORT OF THE PRESIDENTIAL COMMISSION ON AN ALL-VOLUNTEER ARMED FORCE. and that the first indispensable step is to remove the present inequity in the pay of men serving their first term in the armed forces. primarily for first-term servicemen.The Cold War: Korea and Vietnam • 143 DOCUMENT 7. together with the ready reserves. The Commission emphasized that the standby draft. enough volunteers would be attracted to the service to permit a transition to a wholly voluntary armed force in 1971 with a standby draft available if needed. The standby draft would be activated only by joint resolution of the Congress upon the request of the President. 3) greater recruiting efforts. “while removing present inequities for first-term servicemen and promoting the efficiency and dignity of the armed forces. A return to an all-volunteer force. supported by an effective standby draft. 1970 The President’s Commission on an All-Volunteer Armed Force today recommended prompt enactment of pay increases and other reforms which would allow the elimination of the draft when the present Selective Service Act expires on June 30. 1971. that steps should be taken promptly to move in this direction. First term pay has lagged behind pay for the career force since 1948. would “minimize government interference with the freedom of the individual to determine his own life in accord with his own values. the pay of first-term officers has not kept up with that of more experienced officers or comparable civilians. 2) increases in proficiency and reserve pay. defenses. Instead. The Commission said it believes “that the nation’s interests will be better served by an all-volunteer force. headed by former Secretary of Defense Thomas S. until it is now about 60 percent of comparable civilian pay. Gates. 1970 OFFICE OF THE WHITE HOUSE PRESS SECRETARY The White House February 21. wound up nine months’ work by presenting a report to the President which calls for: 1) An increase in basic pay. and 4) other recommended improvements in the management of military personnel. than by a mixed force of volunteers and conscripts.” No attempt was made to judge the size of the armed forces necessary to maintain U.

144 • The Cold War: Korea and Vietnam

estimates made for planning purposes which contemplate future U.S. forces somewhere between two million and three million men. The Commission estimates that an all-volunteer force of two and a half million men, roughly the size of the pre-Vietnam force, would require about 325,000 enlistments a year. The best available data indicates that currently about 250,000 men a year are “true” Volunteers who would enlist even in the absence of the draft. To maintain a two and a half million man force, therefore, the Commission foresees the need for about 75,000 additional volunteers annually from among the one and a half million men who each year turn 19 and who meet present physical, mental and moral standards. An all-volunteer force of three million men, approximately the current level, would require about 150,000 additional enlistments each year from the one and a half million man eligible pool. Budget expenses are lower for a force containing conscripts because first-term servicemen are required to serve at low pay rates. If the draft were ended, first-term servicemen would cease to pay the tax-in-kind inherent in conscription. The budget increase, reflecting the higher pay these men would receive, makes it appear that a volunteer force costs more than a partly conscripted force. In practice, the budget increase represents a shift in tax burden, rather than a real cost. An all-volunteer force will lower real costs through reduced turnover and greater efficiency in using manpower. The Commission investigated at length several of the objections frequently raised against an all-volunteer armed force and noted that these objections usually overlook the fact that about two million men in the present force are career personnel or true volunteers. Although some argue that an allvolunteer force would include a disproportionate number of the black and the poor, the Commission said the evidence indicates that an all-volunteer force will not differ significantly in composition from the present mixed force of volunteers and conscripts. Concern expressed about the growth of a separate “military ethos” within an all-volunteer armed force neglect the fact that the nation has already an armed forced manned primarily by volunteers. Eliminating the minority of conscripts and draft-induced volunteers from the lower enlisted and firstterm officer ranks will not affect relations between the military and either civilian authorities or the rest of society.

* * * A major concern for those in favor of an all-volunteer army was the declining morale in the Armed Forces as a result of dissatisfaction with the war in Vietnam. This was exacerbated by an erosion of respect for military personnel in the civilian public. Thus, in the early 1970s, each branch of

The Cold War: Korea and Vietnam • 145

the military embarked on a series of initiatives to improve life for military personnel and raise their status in the public’s eye. One issue that each service addressed in some way was the role of women. Since World War I there had been limited opportunities for women to enlist. Once in the military, the occupational specialties available to them were also limited. Admiral Elmo R. Zumwalt, Chief of Naval Operations in the 1970s, was a popular figure whose reform efforts became legendary. A 1972 memo from Admiral Zumwalt proposed to change conditions for women in the Navy:

DOCUMENT 7.6 EQUAL RIGHTS AND OPPORTUNITIES FOR WOMEN IN THE NAVY, 1972
CNO {Z-116} TO: NAVOP UNCLAS//N05350// 071115Z AUG 72 1. There has been much discussion and debate with respect to equal opportunity for women in our country over the past few years. My position with respect to women in the navy is that they have historically played a significant role in the accomplishment of our naval mission. However, I believe we can do far more than we have in the past in according women equal opportunity to contribute their extensive talents and to achieve full professional status. Moreover, the imminence of an all volunteer force has heightened the importance of women as a vital personnel resource. I foresee that in the near future we may very well have authority to utilize officer and enlisted women on board ships. In view of this possibility we must be in a position to utilize women’s talents to help us achieve the size navy we need under an all volunteer force environment and still maintain the sea shore rotation goals for all naval personnel towards which we have been working. To this end the secretary of the navy and I have established a task force to look at all laws, regulations and policies that must be changed in order to eliminate any disadvantages to women resulting from either legal or attitudinal restrictions. As another step toward ensuring that women in the navy will have equal opportunity to contribute their talents and background to accomplishment of our missions, we are taking the following actions:

2.

146 • The Cold War: Korea and Vietnam

1.

2.

3.

4. 5.

6.

7. 8.

In addition to the enlisted ratings that have recently been opened, authorize limited entry of enlisted women into all ratings. The ultimate goal, assignment of women to ships at sea, will be timed to coincide with full implementation of pending legislation. As an immediate step, a limited number of officer and enlisted women are being assigned to the ship’s company of USS Sanctuary as a pilot program. This program will provide valuable planning information regarding the prospective increased utilization of women at sea. Pending formal changes to navy regulations suspend restrictions regarding women succeeding to command ashore and assign them accordingly. Accept applications from women officers for the chaplain and civil engineer corps, thereby opening all staff corps to women. Expand assignment of technically qualified unrestricted line women to restricted line billets and, at the time of legislative authorization, permit them to request designator changes. Offer various paths of progression to flag rank within the technical, managerial spectrum in essentially the same manner as we are contemplating for male officers. Assign the detailing of unrestricted women officers to their cognizant grade detailers. Increase opportunity for women’s professional growth by: 1. 2. eliminating the pattern of assigning women exclusively to certain billets, and assigning qualified women to the full spectrum of challenging billets, including those of briefers, aides, detailers, placement/rating control officers, attaches, service college faculty members, executive assistants, special assistants to cno, maags/missions, senior enlisted advisors, pep, etc.

9.

Equalize selection criteria for naval training by: 1. 2. opening midshipmen programs to women at all NROTC CAMPUSES effective in FY-74 and considering women for selection to joint colleges (national war college/industrial college of the armed forces).

3.

Finally, I enjoin all commanding officers and others in positions of authority to actively reflect the spirit and intent of this message in

The Cold War: Korea and Vietnam • 147

their own command regulations, policies and actions. Specifically, I expect each commanding officer to: 1. Initiate similar equalization actions in matters within their purview to ensure that women are accorded full trust and responsibility to function in their assigned position or specialty. Be guided by standards of duty, performance and discipline which are truly equitable for both women and men.

2.

In summary, we all must actively work together in order that we may more equitably include women in our one-navy concept.
E. R. ZUMWALT, JR., ADMIRAL, U.S. NAVY CHIEF OF NAVAL OPERATIONS

* * * In 1973, as the Army transitioned from a force of mixed draftees and volunteers, the belligerents accepted the terms of the Paris Peace Agreements. The United States began to withdraw forces from South Vietnam. Draft calls came to an end, and the U.S. began downsizing military forces under the Department of Defense Appropriation Act of 1974:

DOCUMENT 7.7 DEPARTMENT OF DEFENSE APPROPRIATION AUTHORIZATION ACT, 1974 PUBLIC LAW 93-155
To authorize appropriations during the fiscal year 1974 for procurement of aircraft, missiles, naval vessels, tacked combat vehicles, torpedoes, and other weapons, and research, development, test and evaluation for the Armed Forces, and to prescribe the authorized personnel strength for each active duty component and of the Selected Reserve of each reserve component of the Armed Forces, and the military training student loads, and for other purposes. H.R. 9286. November 16, 1973.

[Ed.: The Defense Appropriation Act of 1973 helps define the parameters and character of the post-Korea, Vietnam, Cold War military establishment that endured with relatively few changes through the close of the twentieth

specific locations for the expenditure of funds relating to anti-ballistic missile program development. and Air Force in such manner as the Secretary of Defense shall prescribe. 566. each component of the Armed Forces is authorized an end strength for active duty personnel as follows: 1.148 • The Cold War: Korea and Vietnam century. 4. 3. and the creation of a “Defense Manpower (Study) Commission” are indicative of the changing character of warfare. 302. 2.320 The Marine Corps. except that in applying any portion of such reduction to any military department. Marine Corps. for research. a detailed and independent study on the advisability of maintaining our present military commitment to Europe in view of the current economic and military situation in Europe. (c) The Committee on Armed Services of the House shall report to the House by April 1. The Secretary of Defense shall report to the Congress within 60 days after the date of enactment of this Act on the manner in which this reduction is to be apportioned among the military departments and among the mission categories described in the Military Manpower Requirements Report.000. Titles III—Active Forces. United States Code. and evaluation. 666. 301. The Army. Navy. IV—Reserve Forces. 803. the reduction shall be applied to the maximum extent practicable to the support forces of such military department. missile and “other” weapons. 1974. 1974.357 (b) The end strength for active duty personnel prescribed in subsection (a) of this section for the fiscal year ending June 30. shall be reduced by 43. specific procurement appropriations for aircraft. and ending June 30. development. Such reduction shall be apportioned among the Army. Although not included. Sec. there shall not be included in the computation members of the Ready Reserve of such component ordered to active duty under the provisions of section 673 of title 10. test. members of the Army National Guard or . 1973. (a) For the fiscal year beginning July 1.419 The Air Force.] TITLE III—ACTIVE FORCES Sec. In computing the authorized end strength for the active duty personnel of any component of the Armed Forces for any fiscal year. and V—Military Training Student Loads only are reproduced in the following text for purposes of illustrating the dimensions of military service during the last quarter of the century. This report shall include the rationale for each reduction. 1974.806 The Navy. 196.

11. 119. 402. and ending June 30. 5. 39. the President shall. 4.291 The Air Force Reserve. on the first day of the second fiscal year quarter immediately following the quarter in which the first unit or units are ordered to active duty and on the first day of each succeeding six-month period thereafter. The average strength prescribed by section 401 of this title for the Selected Reserve of any Reserve component shall be proportionately reduced by (1) the total authorized strength of units organized to serve as units of the Selected Reserve of such component which are on active duty (other than for training) at any time during the fiscal year. as the case may be. and (2) the total number of individual members not in units organized to serve as units of the Selected Reserve of such component who are on active duty (other than for training . United States Code. where each such unit is being deployed at the time of the report. The amendment made by subsection (a) of this section shall be effective with respect to any unit of the Ready Reserve ordered to active duty on or after the date of enactment of this Act. 1974. (a) Section 673 of title 10 United States Code.591 The Naval Reserve. and such other information regarding each unit as the President deems appropriate. 1973.231 The Marine Corps Reserve. is amended by adding at the end thereof a new subsection as follows: (d) Whenever one or more units of the Ready Reserve are ordered to active duty. 232.The Cold War: Korea and Vietnam • 149 members of the Air National Guard called into Federal service under section 3500 or 8500. an evaluation of such unit’s performance of that mission. so long as such unit is retained on active duty. 49. 2. 401. 379. of title 10. Sec. TITLE IV—RESERVE FORCES Sec.735 The Air National Guard of the United States. 3. members of the militia of any State called into Federal service under chapter 15 of title 10.144 The Army Reserve. 6. United States Code. 303. The Army National Guard of the United States. 7. The President shall include in each such report a statement of the mission of each such unit ordered to active duty. 92. submit a report to the Congress regarding the necessity for such units or units being ordered to and retained on active duty.773 The Coast Guard Reserve. or persons ordered to active duty for training. For the fiscal year beginning July 1. the Selected Reserve of each Reserve component of the Armed Forces will be programmed to attain an average strength of not less than the following: 1.300 Sec.

600 The Air Force Reserve. 3. and Vietnam in particular. the Navy.000 The Air Force. are omitted. land tactics that required the close integration and .200 The Navy. Anti-Ballistic Missile Program—Limitations on Deployment. the Marine Corps. TITLE V—MILITARY TRAINING STUDENT LOADS Sec. 4. Such reduction shall be apportioned among the Army. 1973.: Titles VI. (a) For the fiscal year beginning July 1. and the Air Force in such manner as the Secretary of Defense shall prescribe. 2. contributed to the inception of new air.100 The Army National Guard of the United States. [Ed.300 (b) The average military training student loads for the Army. 75. 6. 8. * * * The return to a wholly volunteer force was at least in part a reasoned response to the rapidly changing conditions and character of military encounters. and the Air Force prescribed in subsection (a) of this section for the fiscal year ending June 30.700 The Air National Guard of the United States. Whenever such units or such individual members are released from active duty during any fiscal year. the average strength for such fiscal year for the Selected Reserve of such Reserve component shall be proportionately increased by the total authorized strength of such units and by the total number of such individual members. 19. 7. the Navy.150 • The Cold War: Korea and Vietnam or for unsatisfactory participation in training) without their consent at any time during the fiscal year.800 The Marine Corps. 1974. The Army. 28. 10. 9.900 The Naval Reserve. 6. 4.400 The Marine Corps Reserve. sea. 5. 55. 89. and ending June 30. 501. 17. each component of the Armed Forces is authorized an average military training student load as follows: 1. 24. Combat in Korea. VII—Study Commission.100 The Army Reserve. 1973. and VIII—General Provisions. shall be reduced consistent with the overall reduction in manpower provided in title III of this Act.] Approved November 16. 1974. the Marine Corps. 59.

Smart bombs and increasingly sophisticated weaponry displaced the bombardment style of artillery combat. In addition to the 1974 Defense Appropriations Act. The Act helped determine the parameters and character of the postKorea. It defined the character of arms. Vietnam. 803.806 Navy. and military personnel requirements through the close of the twentieth century. Cold War military establishment. Night vision. The Department of Defense Appropriation Authorization Act of 1974 reflected. or of recruiting and training civilians for combat. in part. 196. armament. Congressional response to the public’s discontent with the Vietnam War. Table 7. 379.231 . 566. 119. Congress authorized the strength of the active duty personnel as follows: Army. Combat required smaller numbers of troops. The size of standing military forces had declined. and close air. in 1973 Congress approved the Total Force Policy Act which now fully integrated the National Guard as a major component of the military ready-reserve. Air cavalrymen and helicopters replaced the horsemen of times past. personal armaments and flak jackets. but technically sophisticated and better-trained troops.357 Congress also set the Reserve manpower of the Armed Forces at an average strength of not less than the following for each component: Army National Guard. 232. it confronted the new realities of global politics and war.320 Marine Corps.The Cold War: Korea and Vietnam • 151 cooperation of military forces in the field.591 Naval Reserve.419 Air Force. 666. when the military services again became fully dependent upon the volunteer. In its appropriations of that year. but also. Apparent threats to national security occurred suddenly and were of increasingly diverse character and in often distant and scattered locales—and required instant response. and (at times) sea support changed the character of infantry combat. Military planners now believed that modern warfare no longer gave the United States the time and luxury of converting from peacetime production to war production. but their character had changed immeasurably.144 Army Reserve. Thus the end of the draft in 1973 was less than a cataclysmic event and fit the changing methods of warfare.1 briefly indicates the total numbers inducted under Selective Service between 1948 and 1973.

010 228. 1948–1973 Year 1948 1949 1950 1951 1952 1953 1954 1955 1956 1957 1958 1959 1960 1961 1962 1963 1964 1965 1966 1967 1968 1969 1970 1971 1972 1973 Source: Selective Service System.153 86.092 49. Marine.060 119. 39.286 230.265 112.479 471. 49. Air Force.586 162.735 Air National Guard. The earlier Appropriations Act also established to study and investigate the overall manpower requirements of the Department of Defense for the short and long terms.771 551.263 296. Number Inducted Under Selective Service 20. and to evaluate the most effective utilization and deployment of available human resources.514 646 Marine Corps Reserve. Congress authorized student military training capacities (including ROTC) of approximately 390. 92. Navy.348 9.300 Finally.777 137.806 438. 11.1 Selective Service: Induction by Years.773 Coast Guard Reserve.602 118.806 253. and Reserve forces.781 219. National Guard.940 138.230 152.586 82. .246 96.991 382.406 283.000 for the combined Army.504 142.746 94.152 • The Cold War: Korea and Vietnam Table 7.291 Air Force Reserve.

NO. which ultimately led to a Supreme Court decision on the question. Concurrently. SUPREME COURT. to register. 1981. and then lapsed for several years in the late 1970s. as well as men. 1981. President Carter decided in 1980 that it was necessary to reactivate the registration process. President Carter chose to renew draft registration. DOCUMENT 7. in 1980. ROSTKER. The Military Selective Service Act (Act) authorizes the President to require the registration for possible military service of males but not females.S. DECIDED JUNE 25. but as the result of a crisis in Southwestern Asia. and sought Congress’ allocation of funds for that purpose. Congress declined to include women. Congress acted well within its constitutional authority to raise . Then. global military commitments actually became greater and more diverse. registration for the draft continued a few years. GOLDBERG. The war. and asked Congress to amend the Selective Service Act to require women. Held: The Act’s registration provisions do not violate the Fifth Amendment. the purpose of registration being to facilitate any eventual conscription under the Act. Registration for the draft was discontinued by Presidential Proclamation in 1975 (the Act was amended in 1973 to preclude conscription). if it had not been so before. He also recommended that Congress amend the Act to permit the registration and conscription of women as well as men. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA.S. GOLDBERG ET AL. North Vietnamese armies struck South Vietnam.The Cold War: Korea and Vietnam • 153 Following the withdrawal of U. Although the draft had ended in 1973. DIRECTOR OF SELECTIVE SERVICE V. Although agreeing that it was necessary to reactivate the registration process. seized the capital city. a three-judge District Court ultimately held that the Act’s gender-based discrimination violated the Due Process Clause of the Fifth Amendment and enjoined registration under the Act. was irrevocably lost. Thereafter. and reunited the country with communist North Vietnam.8 U. Congress allocated only those funds necessary to register males and declined to amend the Act to permit the registration of women. ROSTKER V. In a lawsuit brought by several men challenging the Act’s constitutionality. 57 (1981). 1981 453 U.S. 80-251. the President ordered the registration of specified groups of young men. and the character of war had changed markedly. following a series of military and foreign policy crises in such places as Afghanistan and Iran. forces from South Vietnam under the Paris peace agreements. ARGUED MARCH 24.

Supp. BLACKMUN. but Congress was entitled. While Congress is not free to disregard the Constitution when it acts in the area of military affairs. and its broad constitutional authority [453 U. WHITE. and STEVENS.. J. JJ. filed dissenting opinions. 58] cannot be ignored in considering the constitutionality of its studied choice of one alternative in preference to the other. 57. and perhaps in no area has the Court accorded Congress greater deference than in the area of national defense and military affairs. J. as here. J. 72–83. and its decision to exempt women was not the accidental byproduct of a traditional way of thinking about women. Pp. Congress’ determination that any future draft would be characterized by a need for combat troops was sufficiently supported by testimony adduced at the hearings so that the courts are not free to make their own judgment on the question. 586. POWELL. 86. and STEWART. in which BURGER. p. REHNQUIST.154 • The Cold War: Korea and Vietnam and regulate armies and navies when it authorized the registration of men and not women. The testimony of executive and military officials before Congress showed that the argument for registering women was based on considerations of equity. post. therefore... p. this Court must be particularly careful not to substitute its judgment of what is desirable for that of Congress. Congress specifically considered the question of the Act’s constitutionality. (b) The question of registering women was extensively considered by Congress in hearings held in response to the President’s request for authorization to register women. joined. exceeded its authority in ignoring Congress’ conclusions that whatever the need for women for noncombat roles during mobilization. in which BRENNAN. J. does not violate the Due Process Clause. in the exercise of its constitutional powers. reversed. to focus on the question of military need rather than “equity. 64–72. undertaking an independent evaluation of the evidence. post.. it could be met by volunteers. Since Congress thoroughly reconsidered the question of exempting women from the Act in 1980. 64–83. and that staffing noncombat positions with women during a mobilization would be positively detrimental to the important goal of military flexibility. 83. C.S. (a) The customary deference accorded Congress’ judgments is particularly appropriate when. men and women are simply not similarly situated for purposes of a draft or registration for a draft. And since women are excluded from combat service by statute or military policy. or its own evaluation of evidence for a reasonable evaluation by the Legislative Branch. Pp. the Act’s constitutionality need not be considered solely on the basis of the views expressed by Congress in 1948..” The District Court. . and MARSHALL. J. joined. Pp. Congress carefully considered whether to register only males for potential conscription or whether to register both sexes. and Congress’ decision to authorize the registration of only men. delivered the opinion of the Court. 509 F.. when the Act was first enacted in its modern form.

Challenges to selective service increased in relation to the continuing conflicts. The now traditional warfare characterized by the Civil War. military leaders wanted to maintain small combat-ready. the Persian Gulf. and Air Force elements equipped with the most advanced technology. special weapons. Viet Cong and (NVA) North Vietnamese Army military tactics combined guerilla warfare. most of them volunteers. Marine. quickly deployable Army.S. Some 46. must still register for the draft when they turn 18.The Cold War: Korea and Vietnam • 155 * * * American men. Navy. and modern technology (primarily rockets) in a confusing aggregation of combat offensives. Special forces. when a formal cease-fire was signed in Paris. and after 1973.2). to Libya. Richard M. the Philippines. The Vietnam War also began to change the character of warfare. the day the war was fought. ambushes. a process labeled by the media as the “Vietnamization” of the war effort. ranged from Cambodia in Southeast Asia. and the perception among many that these were “foreign wars” and non-threatening to the American . “War” had become increasingly unpopular and the recruitment of volunteers for military service increasingly difficult. well-trained. military strategists began to consider the realities of a threeday war—the day the war began. and preemptive operations became increasingly common. Americans could not even agree on what these would look like. U. Anti-war sentiments fanned during the Vietnam War contributed to Lyndon B. and not women.000 American soldiers were killed in action during the conflict. Johnson’s decision not to seek re-election as President in 1968. Military operations abroad occurred in almost every year from the end World War II through the close of the century. served in Vietnam between 1960 and January 23. Kosovo. Nixon won the election based in part on an implied promise to end the war in Vietnam by turning the war over to South Vietnam. civilian sanctuaries. and the day after the war. World War I. More than three million American soldiers. In the post-Vietnam War era. but otherwise the Selective Service System remained in the background of military planning. regular army offensives. Through most of the last half of the twentieth century the United States was engaged in ongoing military operations. 1973. satellite and communications surveillance. and Iraq. Warfare became increasingly scattered and diverse. Some troops remained in nearby Indochina into mid-1975. most of which involved “irregular” tactics and strategies (see Table 7. Panama. World peace and national security remained elusive. and World War II—dominated by large armies in the field in opposition to each other—had given way to the quagmire of war that more closely characterized the American colonial and frontier experiences.

1975 December 1978 to June 1979 November 1979 to October 1981 April 1980 to December 1986 January 1981 to February 1992 August 1982 to December 1987 October 1983 to November 1983 January 1997– November 1998 to December 1998 December 1998 March 1999 to November 1999 Source: Department of Labor. Adapted from Table 0. 1945–2000 Campaign or Expedition Navy Occupation of Trieste Navy Occupation of Austria Army Occupation of Austria Army Occupation of Germany (exclusive of Berlin) Army Occupation of Berlin Units of the Sixth Fleet (Navy) Army Occupation of Japan Chinese Service Medal Korean Service Lebanon Vietnam (including Thailand) Quemoy and Matsu Islands Taiwan Straits Congo Laos Berlin Thailand Cuba Congo Korea Vietnam Service Cambodia Cambodia Evacuation Mayaguez Operation Iranian/Yemen/Indian Ocean Indian Ocean/Iran (N/MC) Panama El Salvador Lebanon Grenada (Operation Urgent Fury) (Northern Watch) Persian Gulf (Desert Thunder) (Desert Fox) Kosovo/Various Operations Inclusive Dates May 1945 to October 1954 May 1945 to October 1955 May 1945 to July 1955 May 1945 to May 1955 May 1945 to October 1990 May 1945 to October 1955 September 1945 to April 1952 September 1945 to April 1957 June 1950 to July 1954 July 1958 to November 1958 July 1958 to July 1965 August 1958 to June 1963 August 1958 to June 1959 July 1960 to September 1962 April 1961 to October 1962 August 1961 to June 1963 May 1962 to August 1962 October 1962 to June 1963 November 1964 June 1950 to July 1954 July 1965 to March 1973 March 1973 to August 1973 April 1975 May 15.156 • The Cold War: Korea and Vietnam Table 7. Office of Veterans’ Employment and Training. .2 Military Engagements.1.

television. The primary rationale for the citizen having an obligation to serve as a soldier. such as the World Bank. At the same time the character and structures of warfare were also changing. a single act of OPEC demonstrated that it had the ability to cripple the U. Yet. had grown increasingly interconnected. helped changed the global perspective.The Cold War: Korea and Vietnam • 157 way of life. Trade and commerce. the International Monetary Fund. and military engagements in Cambodia. always global since the days of American colonial settlement. In part. The passage of time and circumstances slowly began to change that understanding as U. The United States by the mid-twentieth century exercised a kind of global economic power through these institutions that was unprecedented in world history. Americans came to realize that their ways of life were intimately tied to petroleum in almost every aspect. and the ability of citizens to cross the Atlantic and Pacific Oceans in a matter of hours instead of weeks. it became increasingly difficult to define what the legitimate national security interests of the United States were. The changing nature of what it would mean to defend the nation were sharply reconfigured with the events in the closing decades of the twentieth century and the first decade of the twenty-first. interests in Persian Gulf and the Mid-East became threatened. In this context. in the 1970s its economic power was challenged by other international institutions. Despite the global economic power of the United States. while the realities of that new world were only slowly being absorbed and realized. and the human resources required for that warfare were being affected. such as the Organization of Petroleum Exporting Countries (OPEC). International communications became instantaneous and widely available through radio. The United States and other nations began a “Twenty-first-Century Transformation” of their Armed Forces.-managed economic treaties in the immediate aftermath of World War II. and elsewhere had to do with the perception among many that these were not related to real national defense.S. . economy. and for the implementation of the draft and selective service. Vietnam War. Jet propulsion. and the World Trade Organization had emerged as a result of U. and telephone. the Indian Ocean. Multinational organizations dominated by the United States.S. As OPEC countries agreed to limit oil exports to the United States while raising prices.S. was simply that defense of the country was and is a fundamental responsibility of citizenship. The world was becoming more distinctly a global society. the growing disinclination for military service following the Korean War.

how do you think the relationship between military service and citizenship is different today for racial and ethnic minorities and women than it was before World War II? 2. Hershey believe the Selective Service System should carry out? Do you agree. or bad? Why? 5. What larger social functions did General Lewis B. with him? Why? 4. Considering changes in recruitment and training related to racial and ethnic minorities and women since World War II. should it require “religious training and belief ”? .158 • The Cold War: Korea and Vietnam QUESTIONS AND ISSUES 1. What are the criteria for conscientious objector status under the Selective Service System? Do you believe the United States should provide this option? If so. What constitutional issues have been raised with respect to the Selective Service System since World War II? 3. or disagree. What are the arguments for and against a military draft? How did the existence of the draft affect the War in Vietnam? Do you believe this was good.

” a permanent mark that made it more difficult for these men to secure civilian jobs. had adopted assembly-line-like processes. known as Chapter 10 discharges. as were charges that recruiters focused primarily on the poorest and most disadvantaged among racial minorities. wars in Iraq and Afghanistan in the last decade of the twentieth century and the first decade of the twentyfirst. as well as the oil and Iranian hostage crises of the 1970s. The Armed Forces had to offer huge enlistment bonuses in order to meet their authorized troop levels. Racial discord plagued each of the services. especially in the Army. The draft had ended and the All-Volunteer Army (known then as VOLAR) was off to a rocky start. some Army posts. the United States Armed Forces stood at perhaps their lowest point ever in the estimation of many Americans. At the time of withdrawal from Vietnam. Military leaders were blamed for strategic and tactical errors in Vietnam.CHAPTER 8 THE ALL-VOLUNTEER MILITARY AND POST 9/11 VETERANS EDUCATIONAL ASSISTANCE The 1970s in the United States closed the Vietnam Era and began a very difficult transition to new ways of thinking about military service. . Understanding this transition. soared to record highs. is the necessary context for understanding the new paradigm of military service that would characterize U. Charges of recruitment fraud were rampant. for quickly discharging unsuitable recruits by the thousands. These administrative discharges were classed as “less than honorable.S. Rank-and-file were accused of having committed atrocities while in combat. such as Fort Dix in New Jersey and Fort Ord in California. By 1974. AWOL (Absent Without Leave) rates.

stood accused of impeachable offenses in the scandal known as “Watergate. and Saudi Arabia in efforts to secure favorable supplies of oil at favorable prices. The price of gasoline leaped to unprecedented highs virtually overnight. President Ford would quickly issue two orders he hoped would begin to heal the rifts of Vietnam and Watergate. Shortly thereafter. Americans sat in long lines at the pumps. it was Shah Reza Pahlavi. whom the CIA had placed in power after overthrowing the democratically elected President Mohammad Mossaddeqh in 1953. The economy stalled in the face of a new economic phenomenon called “stagflation”: high inflation amid a stagnant economy. These traumas were only exacerbated by the so-called “oil crisis” of 1973–1974. water. President Nixon resigned and Gerald Ford assumed the office of President. the United States supported Saddam Hussein. which controlled much of the world’s oil supply. or air. brought on by the actions of OPEC. The United States poured massive amounts of military assistance to the support of undemocratic regimes in Iran. or unauthorized leave from the military. polyester. Spiro T. President Carter’s support for the Shah of Iran was lukewarm due to Carter’s stated commitment to promoting human rights among allies of the United States. nylon.” He would resign just over a year after the last troops withdrew from Vietnam. and other synthetics. Amid a growing Islamic movement to oust the Shah. But Carter’s humanitarian instincts would backfire . Nixon. Neither action had the intended effect. his Vice President. The second was a conditional amnesty for certain war resisters charged or convicted of violating the Selective Service Act. often to find the supply exhausted by the time their turn came. was also forced to resign in a deal to avoid prosecution for having accepted cash bribes while Governor of Maryland. In the meantime. the Commander in Chief. The prices of everything associated with petroleum rose. A constitutional amendment had to be hastily passed to allow for the appointment of a replacement Vice President before the President resigned. this turned the attention of the United States to the Middle East. This meant everything made of plastic. In Iran. the Carter Administration helped to negotiate the Shah’s abdication and secure exile for him in Egypt. The Nixon pardon only deepened political divisions. was appointed to replace Agnew as Vice President of the United States. Ford. as well as anything that was transported by land. Very few war resisters took advantage of the limited amnesty because it required them to admit they had been wrong. Iraq. The first was a pardon of former President Nixon. Gerald R. Under this amendment. Among other things.160 • The All-Volunteer Military and Post 9/11 On top of all this. Agnew. In Iraq. Americans elected Jimmy Carter to replace Gerald Ford as President. President Richard M. In 1976. the Speaker of the House of Representatives.

and the entire Middle East in conflict. following an Israeli invasion of Lebanon and an attack on the Palestine Liberation Organization. and the Soviet Union fighting a war for control of Afghanistan. Czechoslovakia. Poland. Many consider the Iranian hostage crisis. Subsequently. nations. was literally torn down. In the break-up of the Soviet Union into several independent. and unstable. a huge nuclear arsenal became vulnerable to sabotage or theft. official April Glaspie that he was considering taking action against neighboring Kuwait. After warning U. sent Marines into Beirut in an effort to promote stability. Hungary. A more fragmented world offered more diverse and scattered dangers. military policy on that region of the world. Bulgaria. the Iranians released the American hostages as Ronald Reagan took the oath of office in January 1981. Whatever the case. Carter agreed citing humanitarian principles. had ended. open warfare between Iran and Iraq threatened to embroil the United States. But crises in the Middle East would continue during the two terms of Ronald Reagan. the U. which failed as helicopters stalled in a sandstorm. The Berlin Wall. American forces responded with Operation Desert Shield. the Soviet Union held free elections resulting in the end of the Communist Party’s control. Iranian mobs stormed the U. peace was not at hand. and receiving no warning against such action. With a United Nations Security Council authorization. The Cold War would end abruptly as the Soviet Union and its Warsaw Alliance began to unravel. With the United States actively supplying Saddam Hussein’s army in its fight with Iran. The Shah became seriously ill in 1979 and requested permission to enter the United States for medical treatment. 1989. symbolic of the Cold War. both superpowers were focused on the region. the Soviet Union. American . and President Carter’s failed rescue attempt.The All-Volunteer Military and Post 9/11 • 161 in this case. and East Germany peaceably ended Soviet-Communist control. In June 1982.S. embassy and seized American hostages. to be the cause of his defeat for reelection in 1980. While the end of the Cold War might have lessened the threat of nuclear holocaust and global war. The Cold War confrontation between East and West. Meanwhile. A terrorist bombing of a marine barracks in October 1983 killed 241 American soldiers. communism and capitalism.S. Carter ordered the military to attempt a rescue. Romania. which increasingly focused U. on August 2.S. In March 1989.S. Protests of Carter’s actions erupted in Tehran. seeking to stabilize conditions in this volatile region. Saddam Hussein sent the Iraqi army across the border. the Soviet Union and the United States. But the attention of the United States was drawn to the Middle East. The Soviet Union’s eventual failure in Afghanistan may have been a major contributor to its ultimate demise and the end of the Cold War.

” which remained in effect for some time. President Barack Obama. Even as the Armed Forces faced rapidly changing demands around the world. how. the United States began scaling back its military presence in Europe and in the Persian Gulf. An uproar ensued. Don’t Tell” policy in February 1994. Nevertheless. and homosexual orientation is not a bar to service entry or continued service unless manifested by homosexual conduct. Bush. Homosexuals now began waging an organized struggle for the right to serve in all Armed Services. as had women. The Department of Defense issued what has come to be known as the “Don’t Ask. Philippines. three Marine expeditionary brigades. Subsequently. . It read. Homosexual conduct will be grounds for separation from the military services. domestic social issues were forcing military policy-makers to reconsider old questions of “who serves. Therefore. and obtained a cease-fire from Iraq. Africa. as a general rule. and when. only to confront new threats to world peace in Bosnia. but it remained official policy throughout the administrations of Bill Clinton and George W. but nearly a year into his presidency had not yet done so. Southeast Asia. The result was a compromise resulting in congressional passage of a “Homosexual Conduct Policy.000-man Iraqi army and within five days forced a withdrawal. four Army divisions. pledged to end it. launched a three-pronged attack against the estimated 650. but it was clearly an issue that had not been fully resolved. It fell to Bill Clinton to address this difficult issue. Sexual orientation is considered a personal and private matter. it is the policy of the Department of Defense to judge the suitability of persons to serve in the armed forces on the basis of their conduct. the Balkans. In one of his first statements as President.” Racial minorities had made great strides toward full equality within the Armed Services. including unit morale. unit cohesion and individual privacy. Clinton announced he planned to lift the ban on homosexuals in the military. with supporting coalition troops. Don’t Tell” made neither opponents nor supporters of allowing homosexuals into the Armed Forces happy. The Department of Defense has long held that. homosexuality is incompatible with military service because it interferes with the factors critical to combat effectiveness. replacing the first President George Bush. including four Navy battle groups. . who took office in January 2009. and Central America. Clinton was elected President in 1992. . and three Air Force tactical fighter wings.162 • The All-Volunteer Military and Post 9/11 forces. The policy of “Don’t Ask. the Department of Defense also recognizes that individuals with a homosexual orientation have served with distinction in the armed services of the United States. during which the President backtracked rapidly. in part: A person’s sexual orientation is considered a personal and private matter and is not a bar to service unless manifested by homosexual conduct .

In addition. Women now serve in combat roles and as commanders of regular units. Under President Clinton. continue to view military service as an opportunity for upward mobility. embassies in Africa. ethnicity.500 civilians. Despite continuing inequalities in the Armed Forces based on race. but now the Department of Defense officially acknowledges their presence. such as Arabic or Farsi language fluency. Thus. many individuals from those groups continue to see military service as one pathway toward full equality as citizens of the United States. they were more than 30 percent of the 619 discharged under “Don’t Ask. 2001. killing over 3. Don’t Tell” in FY 2008. the U.-multinational “peace-keeping” force caused Yugoslav troops to withdraw. Yugoslav troops seized control of Kosovo in March 1999. terrorists bombed two U. often the result of U. Bush sent American troops to join Afghan forces in seeking bin Laden and rooting out Taliban enclaves there. as well as low-income whites. Don’t Tell” in FY 2008. killing nineteen American soldiers. Don’t Tell” disproportionately affected women and racial minorities. while women accounted for 15 percent of the Armed Forces.S. Many racial and ethnic minorities. . There is no way to know how many gay men and lesbians have served in the Armed Forces of the United States throughout its history. where they were increasingly a lightning rod for anti-American sentiments. Similarly. Department of Defense statistics for fiscal year 2008. while a fourth crashed after its passengers attempted to regain control from the hijackers. show that “Don’t Ask. but pulled back the search for bin Laden in order to focus on Iraq and its president. Osama bin Laden’s al-Qaeda terrorist network based in Iraq and Afghanistan hijacked four American commercial airliners in the United States. support for Israel. President George W. or sexual orientation. gender. “car bombers” destroyed the Khobar Tower. American forces in the Middle East and Africa were particularly vulnerable. A government Accountability Office report in 2005 found that the military had discharged almost 800 specialists with critical military skills under this policy.” service members in that category accounted for more than 45 percent of the discharges under “Don’t Ask. Some who were prominent in the news were those who held crucial skills related to the military missions in the Middle East.S. and a third into the Pentagon.S. Two crashed into the Twin Towers of the World Trade Center in New York. and a U. which includes six months of the Bush presidency and the first six months of the Obama presidency. Saddam Hussein. Armed Forces remained scattered in hundreds of locations around the world. On September 11. At a seemingly secure area in Saudi Arabia.The All-Volunteer Military and Post 9/11 • 163 During that year gay men and lesbians continued to be discharged. In 1998. while the Armed Forces classified 29 percent of its personnel as “non-white.S.

They’re brave.] To the students and the faculty of our War College community. . . where I had an opportunity to spend time with our troops in the field. I met with an extraordinary group of men.] SECRETARY RUMSFELD: Be seated. with supplies. just before Christmas I traveled to Afghanistan and the neighboring countries. it took him a week to ease the death-grip on his saddle. They asked for boots. As they linked up and trained with anti-Taliban forces. they’re dedicated. with tactics and training. Armed Forces: DOCUMENT 8. They sported beards and traditional scarves. they learned from their new allies about the realities of war on Afghan soil. they began adapting to the circumstances on the ground. and men and women of the armed forces. JANUARY 31. Among the many. These men surprised us all with their early requests for supplies. and they assisted the Afghans with weapons. and I was grateful to be able to personally tell them that.. Now I’ve said on a number of occasions that the war on terrorism would likely be unlike any war we had fought before.S. . THURSDAY. NATIONAL DEFENSE UNIVERSITY. From the moment they landed in Afghanistan. Many had never been on horseback before. WASHINGTON. they voluntarily risk their lives in a dangerous corner of the world to defend our freedom and our way of life.1 SECRETARY RUMSFELD SPEAKS ON “21ST CENTURY TRANSFORMATION” OF U. They used pack mules to transport equipment along some of the roughest terrain in the world. in darkness. the Special Forces who’d been involved in the attack on Mazar-e Sharif. ARMED FORCES REMARKS AS DELIVERED BY SECRETARY OF DEFENSE DONALD RUMSFELD. ammunition . atop saddles that had been fashioned from wood and saddle bags that had been crafted from Afghan carpets. as one soldier put it. which Secretary of Defense Donald Rumsfeld said necessitated a “21st Century Transformation” of U.C.S.. And they helped plan the attack on Mazar. FORT MCNAIR. They rode horses—horses that had been trained to run into machine-gun fire. 2002 [Ed. with food.. and horse feed. They are remarkable. the character of war had changed markedly in the twenty-first century. riding at night. D.164 • The All-Volunteer Military and Post 9/11 Judging by early events in Afghanistan.: Segments of the speech have been omitted. distinguished guests. [. often near mine fields and along narrow mountain trails with drops so sheer that.

some with one leg. Well before September 11th. 10 seconds—and then. coming down on the enemy in clouds of dust and flying shrapnel. as the soldiers described it. though that is certainly part of it. He knew I was an old-timer. we have to put aside the comfortable ways of thinking and planning.] But really. towards the Taliban and al Qaeda fighters. It showed that a revolution in military affairs is about more than building new high tech weapons. what won the battle for Mazar and set in motion the Taliban’s fall from power was a combination of ingenuity of the Special Forces. and the horse cavalry was back and being used. the senior civilian and military leaders of the . the 19th century met the 21st century. It’s really to prepare to defend our nation against the unknown. arsenal delivered by U. and he thought he was going to see a wound. But to accomplish it. Instead. the most advanced precision-guided munitions in the U. That may seem on the face of it an impossible task. hundreds of Afghan horsemen literally came riding out of the smoke.S. That day on the plains of Afghanistan. After the battle one soldier described how he was called over by one of the Afghans who’d been with him. It was the first cavalry attack of the 21st century. Our challenge in this new century is a difficult one. he asked me to come up with a new defense strategy to work with the Department of Defense and the senior military to fashion a new approach. started to pull up his pant leg. out of nowhere. [Laughter. When the moment came. this is precisely what transformation is about. but being used in previously unimaginable ways. and they defeated a dangerous and determined adversary. fighting the first war of the 21st century. It’s also about new ways of thinking. A few carried RPGs. and the bomb blasts would be the signal for others to charge. take risks and try new things so that we can prepare our forces to deter and defeat adversaries that have not yet emerged to challenges. Air Force and Marine crews. but it is not. Afghans. Navy. the uncertain and what we have to understand will be the unexpected. and new ways of fighting.The All-Volunteer Military and Post 9/11 • 165 On the appointed day. and the timing so precise that. he looked down and saw a prosthetic limb. The Afghan had ridden into battle with only one good leg. and the courage of the Afghan fighters. they signaled their targets to the coalition aircraft and looked at their watches.S. And they rode boldly— Americans. precision-guided bombs began to land on Taliban and al-Qaeda positions. one of their teams slipped in and hid well behind the lines. a remarkable achievement. Now. but I’ll bet he never imagined for a second that we’d bring back the cavalry. The explosions were deafening. ready to call in airstrikes. Some had as little as 10 rounds for their weapons. Two minutes and 15 seconds. Here we are in the year 2002. When President Bush called me back to the Pentagon after a quarter of a century.

backed by the ability to swiftly defeat two aggressors at the same time. we needed a more realistic and balanced assessment of our near-term warfighting needs. we can free up resources for the future and the various lesser contingencies which we face.S. Instead of building our armed forces around plans to fight this or that country. by looking at our vulnerabilities and building capabilities with which they can. as we did under the old strategy. Instead of maintaining two occupation forces. or at least hope. And they . while preserving the option for one massive counteroffensive to occupy an aggressor’s capital and replace the regime. hard look at the emerging security environment and we came to the conclusion that a new defense strategy was appropriate. are facing and will most certainly face in the period ahead. But by removing the requirement to maintain a second occupation force. have faced. they will likely seek to challenge us asymmetrically. we know that because the U. what design would I be forming if I were the enemy. has unparalleled land. Since neither aggressor would know which the president would choose for a regime change. sea and air power. we need to examine our vulnerabilities. it makes little sense for potential adversaries to try to build up forces to compete with those strengths. the deterrent is undiminished. as Frederick the Great did in his great General Principles of War. They learned from the Gulf War that challenging our armed forces head-on is foolhardy. space assets and information networks. With the Quadrennial Defense Review. but it really threatened to leave us reasonably prepared for two specific conflicts and under-prepared for the unexpected contingencies of the 21st century. that an open society is vulnerable to new forms of terrorism. we took a long. They suspect that U. We decided to move away from the “two major theater war” construct for sizing our forces. and to address the emerging challenges to homeland security. one that focuses less on who might threaten us or where we might be threatened. are somewhat vulnerable. asking ourselves. and then fashioning our forces as necessary to deter and defeat those threats? For example. we also decided to move away from the so-called threat-based strategy that had dominated our country’s defense planning for nearly a half-century and adopt what we characterized as a capability-based strategy. an approach that called for maintaining two massive occupation forces capable of marching on and occupying capitals of two aggressors at the same time and changing their regimes. we will place greater emphasis on deterrence in four critical theaters. for example.166 • The All-Volunteer Military and Post 9/11 Department of Defense were in the process of doing just that. This approach served us well in the immediate post-Cold War period. to exploit them. They know. navies and air forces. and more on how we might be threatened and what we need to do to deter and defend against such threats. So rather than building competing armies. critical to our security and our economy. To prepare for the future.S. To ensure we have the resources to prepare for the future.

to protect our information networks from attack. In addition to new capabilities. cyber attacks on our information networks. fully integrated joint forces capable of reaching distant theaters quickly and working with our air and sea forces to strike adversaries swiftly. Our experience on September 11th. sea-based platforms to help counter the access denial capabilities of adversaries. successfully. to protect the U. to deny our enemies sanctuary. to project and sustain power in distant theaters.S. high-demand assets. to be sure. long-range precision strikes. which is really a euphemism. They see that our ability to project force into the distant corners of the world where they live depends in some cases on vulnerable foreign bases. to maintain unhindered access to space and protect our space capabilities from enemy attack. To do this. . in plain English. but also attacks on U. and with devastating effect. for “our priorities were wrong. intelligence and undersea warfare capabilities.S. no SUV fast enough to protect them from our reach. Third. Fourth. Our challenge in the 21st century is to defend our cities and our infrastructure from new forms of attack while projecting force over long distances to fight new and perhaps distant adversaries. forces so that they can in fact fight jointly. cruise missiles. and our space. We need to prepare for new forms of terrorism. no cave or bunker deep enough.” [Laughter. At the same time. Before the terrorist attacks on New York and Washington we had decided that to keep the peace and defend freedom in the 21st century our defense strategy and force structure must be focused on achieving six transformational goals: First. And they know we have no defense against ballistic missiles on our cities. such as our ability to project military power over long distances. . We need improved intelligence. homeland and our bases overseas. defense posture in these directions. transformation also requires rebalancing existing forces and existing capabilities by adding more of what the Pentagon has come to call low-density. the experience in Afghanistan showed the effectiveness of . Our job is to close off as many of those avenues of potential attack as is possible. or our friends. we need rapidly deployable. .] For example.S. space assets. chemical and biological weapons. our forces. making sure they know that no corner of the world is remote enough.S. have served to reinforce the importance of moving the U. to use information technology to link up different kinds of U. nuclear. precision strike weapons.The All-Volunteer Military and Post 9/11 • 167 are. no mountain high enough. And sixth. Second. Fifth. and we didn’t buy enough of what we need. ballistic missiles. our people. and indeed in the Afghan campaign. we must work to build up our own areas of advantage. creating incentives for the development of weapons of mass destruction and the means to deliver them.

We need to change not only the capabilities at our disposal. [. we must not make the mistake of assuming that our experience in Afghanistan presents us with a model for the next military campaign. That needs to change. must be able to do both. chemical and biological defense units. air-defense capabilities. As we deployed forces and capabilities to defend U. I believe that quite the opposite is true. as a country. president should be placed in the position where he must choose between protecting our citizens at home and protecting our interests and our forces overseas. the way we train..S. in retrospect. as time passes and the shock of what befell us that day wears off. in the midst of a dangerous war on terrorism. All the high-tech weapons in the world will not transform U. now is not the time to transform our armed forces. Now is precisely the time to make changes. Our challenge is to make certain that. . Moreover. as we transform. we have to begin shifting the balance in our arsenal between manned and unmanned capabilities between short. . which is the critical foundation of our transformation efforts. No U. The war on terrorism is a transformational event that cries out for us to rethink our activities. Every day.. between shooters and sensors. armed forces unless we also transform the way we think. the way we exercise and the way we fight. Some believe that. territory after September 11th. The impetus and the urgency added by the events of September 11th powerfully make the case for action. and put that new thinking into action. The department has known for some time that it does not have enough manned reconnaissance and surveillance aircraft.168 • The All-Volunteer Military and Post 9/11 unmanned aircraft. we found that our new responsibilities in homeland defense have exacerbated these shortages. but also how we think about war. as we change investment priorities. and between vulnerable and hardened systems. the United States postponed the needed investment while continuing to fund what were. each of us to rethink our activities.S.] Of course. with the U.S. But September 11th taught us that the future holds many unknown dangers and that we fail to prepare for them at our peril. stealthy and non-stealthy systems. commandand-control aircraft. we do not simply go back to doing things the way we did them before. But in spite of the shortages of these and other scarce systems. as well as certain types of special operations forces. But it also revealed how few we have and what their weaknesses are. And we need to make the leap into the information age. we are faced with urgent near-term requirements that create pressure to push the future off the table.and long-range systems. .S. We. less valuable programs. .

Clausewitz said “war is the continuation of politics by other means.S. Here are a few worth considering: First.” how well the different branches of our military can communicate and coordinate their efforts on the battlefield. rule out nothing. legal. and will. .S. Second. and too often. and we can’t afford that. Defending against terrorism and other emerging 21st-century threats may well require that we take the war to the enemy. and that we are prepared to make whatever sacrifices are necessary to achieve victory. But they should not be fought by committee. diplomatic.The All-Volunteer Military and Post 9/11 • 169 Preparing to re-fight the last war is a mistake repeated throughout much of military history. Sixth. The best. is enabling us to maximize both their cooperation and our effectiveness against the enemy. our policy in this war of accepting help from any country on a basis that is comfortable for them and allowing them to characterize what it is they do to help us instead of our characterizing it for them or our saying that we won’t have a country participate unless they could participate in every single respect of this effort. law enforcement. The enemy must understand that we will use every means at our disposal to defeat them. forces. communicate targeting information and coordinate the timing of strikes with devastating consequences for the enemy. to identify targets. and the coalition must not determine the mission. to be sure. And achieving jointness in wartime requires building that jointness in peacetime. many of those means may not be military. and in some cases. Fourth. Fifth. we don’t. requires prevention. the ability of forces to communicate and operate seamlessly on the battlefield will be critical to our success. we saw composite teams of U. wars in the 21st century will increasingly require all elements of national power: economic. The change between what we were able to do before U. defending the U.S. The lesson of this war is that effectiveness in combat will depend heavily on “jointness. wars can benefit from coalitions of the willing. Air Force and Marine pilots in the sky. special forces. as well as overt and covert military operations. In Afghanistan. We need to train like we fight and fight like we train. special forces on the ground. financial. including ground forces. were on the ground and after they were on the ground was absolutely dramatic. the only defense. Third.” In this new century. is a good offense. the mission will be dumbed down to the lowest common denominator. and one we must avoid. It is not possible to defend against every conceivable kind of attack in every conceivable location at every minute of the day or night. But we can glean important lessons from recent experiences that apply to the future. self-defense and sometimes preemption. working with Navy. The mission must determine the coalition. If it does. intelligence.

and no one can go visit them and not come away with just enormous pride and confidence in the armed services of the United States.” The mission of the armed forces remains equally fixed today. . We’re proud. on the ground to tell the bombers exactly where to aim. getting U. The American people understand what we’re trying to accomplish. of understanding and of common purpose. We’re grateful to them. we need to tell them that we can’t tell them something.” . They are “remarkable. the capabilities and the innovative culture they need not only to win today’s war. We look across the globe at the young men and women and what they’re doing. and the courage and the will to change. [Applause. we encourage people to engage in acts to our detriment. if necessary. what is needed to get the job done. Our men and women in uniform are doing a brilliant job in the war on terrorism. but to deter and. that we will accomplish it only if we have the wisdom. And when you can’t tell them something. determined. “Through all this welter of change. that it’s not easy and that there will be casualties. as our forces prepared to meet the new challenges of the Cold War. In Afghanistan.S. your mission remains fixed. and he said. they’re dedicated. precisionguided bombs from the sky did not achieve their effectiveness until we had boots. . inviolable: It is to win wars. We need to be leaning forward as a country. General MacArthur addressed the cadets at West Point. In 1962. we need to be straight with the American people. we weaken the deterrent. We need to tell them the truth. defeat the aggressors we will surely face in the dangerous century ahead. during a similar time of upheaval and transformation. and they voluntarily risk their lives in a dangerous corner of the world to defend our freedom and our way of life. “They’re brave. and eyes. We are truly fortunate to have each of you—dedicated. equally determined and inviolable. And they must know that.] Thank you very much. Seventh. .” he said. special forces on the ground early dramatically increased the effectiveness of the air campaign. * * * Just before Christmas 2001 Rumsfeld had visited with American troops in Afghanistan and neighboring countries. as that earlier generation did. And the best way that we can show our appreciation is to make sure that they have the resources. determined and devoted—in the service of our great nation. good news or bad. Broad bipartisan public support must be rooted in a bond of trust.170 • The All-Volunteer Military and Post 9/11 To the extent the United States is seen as leaning back. But we must recognize. And finally. we will tell it to them straight. Thank you very much.

These principles may seem contrary to traditional principles of classic war with which most of us are familiar through wars like the U. gay men. that future warfare required forces that could adapt quickly to “new challenges” and unexpected circumstances.S. The national defense policies of the last two Presidents of the twentieth century and the first two Presidents in the twenty-first century called for the instant response of a small. Bush. President George W. as then. Colin Powell. As in earlier years. equipped with the technology of the twenty-first century—with fast-moving tanks and armament such as UAVs (Unmanned Aerial Vehicles). Congress authorized the President to take whatever steps were necessary to address . many have joined in order prove their worth of full equality as citizens. Although the “Rumsfeld doctrine” came under intense criticism for its failures in Iraq and Afghanistan. Those that make this point refer to this phenomenon as “economic conscription. Rumsfeld argued.The All-Volunteer Military and Post 9/11 • 171 While some question whether American freedom and ways of life require such wars. It is not exactly correct to call members of colonial and early state militias “volunteers. citing intelligence later shown to be questionable. These volunteers were fighting the Taliban and al-Qaeda in the remote corners of the Middle East in ways that looked in some ways like the cavalry tactics of the old frontier combined with the new technology of the twenty-first century. what may have been most remarkable was that while these soldiers were volunteer “citizens and soldier. and World Wars I and II. women. and that Iraq possessed weapons of mass destruction. But some who have studied the “All-Volunteer Armed Forces” argue that for many their enlistment is motivated by financial incentives. many called up from the states as members of the National Guard. And much like those “volunteers” during colonial times. enlistment in the “volunteer” armed forces involves a mix of coercion and volunteerism. The United States no longer automatically enrolls all men of military age into the Armed Forces. they had joined out of a wide range of motivations.” since all able-bodied free white men of militia age were automatically enrolled and expected to serve. Civil War. told Congress and the United Nations that Saddam Hussein was linked to al-Qaeda. all are volunteers. ready. in a legal sense. So. It was clear evidence. and satellite surveillance systems.” as had been the soldiers of the colonial militia and of the new American republic. Racial and ethnic minorities. skilled and well-trained military. except in Pennsylvania. smart bombs.” In March 2003. And those Americans who fought that kind of warfare in the twenty-first century shared the common bond of their distant frontier forefathers in being both citizens and soldiers. and lesbians have all pointed to their service in recent and ongoing wars in defense of their rights as citizens. it encompasses in many respects the strategic defense philosophies of at least four presidents. and his Secretary of State. Now.

citizen-soldiers.” posts. But this has not occurred to any significant extent. Reminiscent of Vietnam. and positions held in Europe and Southeast Asia were to be downsized or closed. According to Department of Defense reports. Sectarian violence spread through parts of Baghdad and other major cities. Reservists.” as Vice President Richard Cheney had promised. During the subsequent years of engagement and the loss of more than four thousand lives of American military personnel. the United States maintains full military bases. The terrorism and non-traditional warfare of the twenty-first century resembled warfare on the frontier. where the local. the Rumsfeld Doctrine suggested that the changing character of military operations and resources would contribute to the restructuring and redeployment of American military forces. Where once Guardsmen and Reservists could pretty much count on never being sent into overseas combat. Rapid response. as in the beginning. Seven of these bases were opened after September 11. Initial predictions by the Administration that this would be a short and inexpensive war had been mistaken. The regular Armed Forces did not have sufficient personnel to wage a drawn-out ground war. the United States had active military personnel in 156 countries. quick deployment and integrated air. Many Iraqis clearly did not welcome Americans “as liberators. Traditional Cold War defensive “lines. and has a total of 737 military installations of all sorts in foreign countries. American soldiers became targets for snipers. the war entered a new prolonged phase of urban guerrilla warfare and terrorism. as in the beginning. In 63 countries. and National Guard—were. sea.172 • The All-Volunteer Military and Post 9/11 this apparent threat. all volunteer. who often could not be distinguished from innocent civilians. those in the active military services of the United States—regular. many now were called up for Iraq service. volunteer composition.S. Now. The Bush Administration then convinced a coalition of other nations to join an invasion force “to disarm Iraq. civilian militia provided an often effective and ready-response to attack. and land operations from “home” bases were to redefine American military operations in the twenty-first century. the Iraqi army had melted away and Saddam Hussein had been taken prisoner. volunteer. and so the Department of Defense turned to the Ready-Reserves and National Guard. were now being taken from their jobs or out of classes. At the start of the twenty-first century. to free its people and to defend the world from grave danger. 2001. Armed Forces is distinguished by its citizen-soldier. College students and men and women with regular civilian jobs. There were also elements of civil war in these twenty-first-century regional conflicts in that disaffected groups attacked their own people and governmental institutions . the U.” Although much of Iraq and Baghdad were in American hands by mid-April. who thought of the Guard or Reserves as a part-time job. as of 2005.

in the minuteman tradition. As the wars continued. final day of war. the reserve forces and National Guard personnel pursued the ordinary business of civilian life. the United States relied upon an all-volunteer military supplemented as needed by a draft. be the devastating. Military conscription in United States history has had an uneven history in terms of public acceptance.The All-Volunteer Military and Post 9/11 • 173 in order to foment internal revolution. and sea components. voluntary enlistments were halted by law. ready. Prior to 2001 reservists spent an average of one day per year on . It faced widespread hostility in both the North and South during the Civil War. in December 1942. Meanwhile. Only during World War II was there overwhelming public support for a draft. and again in World War II. to enter military service when called. there were concerns about the continuing ability of the Armed Forces to recruit and retain the personnel necessary to carry out its mission in a seemingly increasingly volatile and fragmented world. in World War I. from the days of the colonial militia. that is the day of the opening attack could. but the twenty-first-century version was a mobilization that was increasingly fine-tuned. Unlike in earlier frontier campaigns. Contemporary defense strategy began to focus on prevention and pre-emptive strikes. In World War I. the first day of war. enabling selection of needed human resources. in the twenty-first century. land. given the new technology of weapons and warfare. dependence on the Reserves and National Guard rose. Mobilization. many of those having been deployed for two or sometimes three tours of duty ranging from 12 to 15 months. By 2006. the manpower pool of those aged 18–36 had declined relative to the population of youth and older Americans. the pool of volunteers declined. the draft accounted for approximately one-third of the total force. Throughout its history. As did the militia. There were also totally new elements of warfare. rather than response. in effect. but highly mobile and technologically advanced air. There was significant resistance to the first Selective Service System during World War I. as there was to its later version during the war in Vietnam. some one million active-duty personnel had been sent to Iraq and Afghanistan. An essential element of that mobilization would be the highly trained Reserves and National Guard. But. requiring relatively small. as were the militia of earlier times. and in World War II some twothirds of the force were draftees. had become permanent with the start of the Korean War in 1950. voluntary enlistments were stopped in order to let the Selective Service and lottery system work more efficiently. Those forces became increasingly a fundamental component of the modern army. with biological and nuclear weapons. By the 1970s. Part of the decline had to do with the post-World War II “baby-boom” and the aging of that segment of the population. Following the adoption of the All-Volunteer Army in 1973.

There was a problem.174 • The All-Volunteer Military and Post 9/11 active duty. 2001. and by 2006 they were spending 70 days per year on average. the Army National Guard.” prepared by the Congressional Budget Office at the request of the Defense Subcommittee of the House Committee on Appropriations.S. over 1 million active-duty personnel and 400. or • That less-affluent people are more likely than other groups to serve in those operations. In 2006. this study by the Congressional Budget Office (CBO) examines various issues surrounding the choice .S. although they were able to meet or nearly meet their targets for 2006. Some observers have called for reinstituting a military draft as a way to alleviate those strains and to spread the demands of war more evenly throughout society. Through December 2006.000 active-duty recruits. Those deployments and recruiting problems have raised the following concerns among decision-makers. the military must be able to recruit significant numbers of volunteers—in fiscal year 2006. • That military personnel and their families are experiencing significant hardships that the rest of the U. others have questioned the viability of such a force in light of the current strains on the military. However. To maintain the forces necessary to conduct those operations. military operations in Afghanistan and Iraq have required substantial increases in the number of U. DOCUMENT 8. Although the Department of Defense (DoD) has stated its commitment to maintaining the current all-volunteer force (AVF). and other observers: • That the armed forces will not have enough troops available to accomplish their missions. all three components of the Army (the active Army. service members deployed and the frequency with which units are sent overseas. military analysts. and the Army Reserve) have had trouble achieving their recruiting goals in one or more recent years. To shed light on the current discussion. Congress began to address the problem with a study entitled “The All-Volunteer Military: Issues and Performance. population is not sharing.2 THE ALL-VOLUNTEER MILITARY: ISSUES AND PERFORMANCE JULY 2007 THE CONGRESS OF THE UNITED STATES. CONGRESSIONAL BUDGET OFFICE Since the terrorist attacks of September 11.000 reserve personnel had been deployed to those theaters. its target was almost 200.

either now or since the draft was last used. economic efficiency. In some people’s view. and other considerations. the government may require them to contribute to those protections. however.(1) The study concludes by discussing the logistics of implementing a new draft system. It describes the history of conscription in the United States and reviews some of the arguments made for and against the draft.S. the most powerful arguments center on the roles of the government and the armed forces and on the rights and responsibilities of U. THE POSSIBLE PROS AND CONS OF A DRAFT AND LESSONS FROM ALL-VOLUNTEER FORCE Many of the arguments heard today for or against a draft were articulated earlier. The analysis also looks at trends in the AVF since its inception in 1973—particularly the quality of recruits and the average experience level and demographic composition of the force—to see whether predictions about a volunteer military have proved true. Critics of the AVF have raised questions about the likelihood that the military could attract enough volunteers in peacetime and wartime to meet . costs. the potential effects on the structure of the armed forces. especially in the Vietnam era. during the Vietnam War. have stated that a draft is at odds with fundamental democratic or moral principles. capable individuals while maintaining required force levels. One of the primary rationales for the draft can be put simply: Service in defense of the country is a fundamental responsibility of citizenship. Others. citizens. Research has consistently linked high scores on the Armed Forces Qualification Test (AFQT) and length of time in the service to better performance of military jobs. That view was articulated by such figures as George Washington and justices of the Supreme Court of 1918.The All-Volunteer Military and Post 9/11 • 175 between a draft system and an all-volunteer force. Citizens enjoy protections provided by the government. Specifically. and social-justice implications of the two choices. Effectiveness of the Armed Forces The military’s success in completing its missions rests partly on its ability to get and keep intelligent. in turn. Other arguments focus on the potential consequences of using a draft or an all-volunteer force to procure military personnel. observers have expressed concerns about the military effectiveness. Some observers have equated it with involuntary servitude. Those differences of opinion cannot be resolved through empirical study of the issue. including President Ronald Reagan and economist Milton Friedman. Whether recruits have earned a high school diploma helps predict whether they will complete their initial term of enlistment and thus affects the average experience level of the force.

and their quality has varied. they contend. However. and retention rates have increased.176 • The All-Volunteer Military and Post 9/11 its requirements and about the quality of those volunteers. Moreover. Experience levels in the military have also risen during the years of the AVF. the draft imposed an in-kind tax on inductees in that the compensation they received was lower than market wages and generally lower than what they would have required to enlist voluntarily. conscripts are substituted for other resources—and thus are overused. compared with 80 percent of U. however. Proponents of the AVF have countered that historically. They have argued that many people do not want to join the military and that the quality of those who did join would be lower (because they would have fewer skills valuable in the civilian sector) than the quality available through a draft. 91 percent of recruits were high school graduates. They argue that others were discouraged from serving during the draft era because military compensation was set at below-market levels. could crowd out necessary long-term defense spending on weapons. youth population) on the qualification test. AVF supporters have also argued that because military personnel appear less expensive in a draft force than their true cost. The higher personnel costs of an AVF. For example. the military has sometimes had trouble recruiting and retaining sufficient volunteers in peacetime. the AVF has attracted a greater proportion of recruits with high school diplomas or with AFQT scores at or above the median than in the youth population as a whole or than the services obtained through the draft during the Vietnam War. the full cost is greater with a draft than with a volunteer force. adjusted for inflation. Since the all-volunteer force began. infrastructure. on average. residents ages 18 to 24. Costs and Economic Efficiency Supporters have argued that a draft force costs less than an AVF because the military can pay lower wages when it need not try to attract volunteers. as initial enlistment periods have grown longer. In effect. many people have volunteered for military service during both peace and war. and other items.(2) Those costs—as well as any expenses incurred from people’s efforts to avoid the draft—would have to be added to budgetary costs to calculate the full cost of military personnel under a draft system. 69 percent of recruits scored at or above the 50th percentile (relative to the overall U. basic pay for lessexperienced service members nearly doubled between 1971 (two years before the AVF began) and 1975 (two years after). A report by .S.S. In 2006. There is evidence that budgetary costs have been higher under the AVF than under the Vietnam-era draft system. that the full cost of a draft force is higher than the budgetary costs. Other observers have argued. According to proponents of the AVF.

by contrast. such as patriotism and a sense of duty—would attract a broad set of volunteers. no studies have retrospectively examined the total economic cost of the draft. some proponents of the draft have stated that the AVF would create inequities because low-income people or racial minorities would be more likely to join the armed forces than other groups and thus would disproportionately bear the risks associated with military service. compared with 50 percent civilians ages 17 to 49. By comparison. Through the years. or about 11 percent of DoD’s spending on its manpower budget accounts in 1974. and nearly half of the active-duty force is between the ages of 17 and 24. The current all-volunteer force is representative of society along many dimensions—although. 17to 24-year-olds make up less than one-fifth of civilians of prime working age. Supporters of the AVF have countered that the higher wages associated with a volunteer force—as well as other factors. the nation has grappled with the issue of who should fight its wars.to 49-year-old U. Although their percentage has varied during the years of the AVF. they composed 13 percent of active-duty enlisted recruits in 2005 and 19 percent of the entire active-duty enlisted force in 2006. it is younger than the population as a whole and has a smaller proportion of women. and economically diverse backgrounds to serve in the military. versus 14 percent of civilians ages 17 to 49. if concentrations of certain economic or racial groups did occur in the military. which can compel citizens from geographically. In that view. They now make up 14 percent of the enlisted force. are less than proportionally represented in the military. Some people believe that the best way to assign that risk to members of society is through a draft system.S. they would result from the free choice of those individuals. The typical recruit is about 18 years old. the extra $10 billion paid to service members could also be considered a lower-bound estimate of the in-kind tax on draftees.The All-Volunteer Military and Post 9/11 • 177 the former General Accounting Office estimated that the move to an allvolunteer force added about $3 billion per year to the military’s costs in 1974 dollars (more than $10 billion in 2006 dollars). Black service members represent the largest minority group in the military. racially. compared with 14 percent of the 17. Members of the armed forces are racially and ethnically diverse.(4) Hispanics. In 2006. However. partly because of the unique demands of military service. population. they constituted 11 percent of the enlisted force. Women were barred from constituting more than 2 percent of the military until 1967 and continue to be excluded from some occupations and assignments. . Representativeness of the Military Partly because combat entails a higher risk of injury and death than peacetime military service or most civilian employment does.(3) To CBO’s knowledge.

CBO found that white service members have a higher representation in combat occupations (75 percent) than in the force as a whole (68 percent). Data on fatalities indicate that minorities are not being killed in those operations at greater rates than their representation in the force. and quality standards for new service members and compensation levels for the entire force. CBO’s review of previous studies and some new tabulations suggest that people from all income groups are represented in the armed forces. a new draft would be conducted by random lottery. Implementation Issues The policies used to implement a draft or an all-volunteer force largely determine whether either system will provide well-qualified recruits who are representative of the nation’s youth. The socioeconomic backgrounds of service members have been less well documented than other characteristics because data on the household income of recruits before they joined the military are sparse. Under a draft system. except for age. A draft today could—and most likely would—look very different from that of the Vietnam era. of deployments in support of operations in Iraq and Afghanistan. as of December 2006.(6) However. People would probably be drafted for a shorter period than the four. However.to six-year obligation typical in the AVF. through a random lottery or through local draft boards and a system of exemptions) also influence the effectiveness and quality of the force. CBO investigated the racial and ethnic makeup of combat occupations in the military. CBO’s analysis of data from 2000 indicate that youths from the very highest and lowest income families may be somewhat less likely to serve in the enlisted ranks than other groups are. as amended).178 • The All-Volunteer Military and Post 9/11 To explore whether those groups bear a disproportionate share of combat and fatalities. the rules guiding who is inducted and how (for example. a draft would have trouble producing a force with the same level of experience as a volunteer force. and most draftees would be likely to leave after their initial obligation. The demographics of a draft force. and of fatalities associated with those operations. might be similar . Rather. fatalities of white service members have been higher than their representation in the force (76 percent of deaths in those two theaters through December 2006). a system that was not adopted until later in the Vietnam War. Under the current law governing selective service (the Military Selective Service Act of 1940. whereas black service members have a lower representation in those occupations (13 percent) than in the overall force (19 percent).(5) The racial and ethnic representation of personnel deployed to Iraq and Afghanistan was similar to that of the overall enlisted force. Those policies include medical. moral.

If future continuation rates dropped to a mix of the 2005 and 2006 levels.](8) The Army had 73. partly because if a draft was reinstated under current law. As currently written. Further reductions in volunteers—and consequently a greater reliance on draftees—would increase the total number of accessions required each year and decrease the average length of service. they would have to amend that law. Implementing a draft might allow for more flexibility in compensation. no one would be drafted into the reserves (as .000 recruits per year to supplement the 74. That would exacerbate problems for the Army. some of those inductees would be available only for deployments of less than a year because their training time would exceed 12 months. Continuation rates were 82. Finally.000 more annual accessions than under an AVF and would reduce the average experience level of the force. CBO calculated the accessions and continuation rates that would allow the active Army to achieve its desired size of 547. the percentage of women in the force might change under a draft.5 percent in 2006. although they could continue to volunteer. NOTES 1.400 personnel by 2012 under either an all-volunteer force or a mix of volunteers and conscripts. it could either allow or require other changes in the way the military operates. Depending on how a draft was implemented. at the same time. the Army would need between 86. however. that approach would require 14.000 volunteers. If all of the Army’s combat occupations were at least partly filled with draftees serving two-year tours of duty (the obligation specified in the Military Selective Service Act). at least to first-term personnel.: That end- strength goal for 2012 was laid out in DoD’s 2008 Future Years Defense Program. However. If lawmakers wanted a new draft to cover women as well as men. CBO estimates.The All-Volunteer Military and Post 9/11 • 179 to those of the current force. Because the draft would be compulsory.400 accessions in 2005 and 80. which recently lengthened the typical deployment from 12 months to 15 months. the Military Selective Service Act excludes women from being drafted.000 and 90.000 people short of its end-strength objective in 2012. One example is the length of deployments. This study focuses on the active component of the military. To illustrate possible changes in the structure of the armed forces.000 volunteers each year to meet its end-strength goal. the Army would fall almost 50. The Army would have to either permit shorter deployments or reduce the training time in those occupations. annual accessions dropped to about 74. It could meet that goal by drafting up to 27. If.000 in 2006.(7) [Ed. depending on the rules used to implement the draft.4 percent for the active Army as a whole in 2005 and 84.000 (roughly the 2005 level). DoD might be able to reduce its budgetary costs by paying less.

At one extreme. as it is informally known. For details of the methodology that CBO used.180 • The All-Volunteer Military and Post 9/11 was also the case during the Vietnam War). None of the studies examine the socioeconomic backgrounds of people who join the officer corps. In 2006. 2. Both the white and nonwhite proportions in the force may be understated by a few percentage points because the race of about 6 percent of service members is unknown. Continuation rates measure the proportion of service members who remain in the military over a specific period regardless of the expiration of their contracts. Reserve. 7. The General Accounting Office’s study attributed the alignment of military pay with market wages to the inception of the AVF. black soldiers made up 29 percent of the Army’s enlisted force. FPCD-78-11 (February 1978). The President used this “stop-loss” policy. apparently because of data limitations. in the second year of the Iraq War. End strength is the number of personnel on active duty on the last day of the fiscal year. This action drew legal challenges from some affected enlisted personnel. The same in-kind tax was imposed on people who volunteered for a particular branch of the service to avoid being drafted into a branch that was more likely to see ground combat. some analysts might attribute any changes in personnel costs since 1973 to the AVF because those costs would not have to be paid under a system of conscription. and Future Levels of Military Personnel (October 2006). analysts might argue that a draft system should pay market wages and that the cost of doing so should not be ascribed to the AVF. 4. That is the power to involuntarily extend the enlistment terms of Regular. Additional Costs of the All-Volunteer Force. and National Guard troops under certain circumstances. 3. 5. Data describing the draft force before 1973 refer only to the active component. the President does have a kind of draft power under Congressional legislation approved in 1983. Those studies all focus on enlisted personnel. The percentage of black enlisted personnel has consistently been higher in the Army than in the other services. Accessions are recruits who sign contracts with the military and report to basic training. General Accounting Office (now the Government Accountability Office). 6. At the other extreme. see Congressional Budget Office. Recruiting. 8. as that mission continued for much longer than military planners had expected. * * * In a sense. The way to measure the additional budgetary cost attributable to an AVF is subject to debate. . The lawsuit of Emiliano Santiago and the federal court opinion that resulted explain the issues and confirm the legal validity of the policy. Retention.

TALLMAN. Santiago’s eight-year enlistment in the Guard was due to expire on June 27. 113 AVIATION UNIT COMMANDER UNITED STATES COURT OF APPEALS. Panner. 2005 Filed May 13. a sergeant in the Army National Guard facing immediate deployment to Afghanistan. 2005. OPINION Emiliano Santiago. 2005 Amended September 28. and RAWLINSON. Owen M. after which he was released from active duty. We affirm the district court’s denial of the petition because we conclude that the stop-loss order was authorized by 10 U. ORDER AMENDING OPINION AND DENYING PETITION FOR REHEARING AND PETITION FOR REHEARING EN BANC AND AMENDED OPINION CANBY. . He enlisted for a term of eight years.C.425 F. After his enlistment. Senior Judge. CAPTAIN. CV-04-01747-OMP. LES BROWNLEE. Appeal from the United States District Court for the District of Oregon. unit. Circuit Judges. Before CANBY. DETACHMENT ONE. D. DONALD H.C. DAVID DORAN. 2004. Santiago enlisted in the Army National Guard on June 28. ACTING ADJUTANT GENERAL OF THE OREGON NATIONAL GUARD. 1996. Circuit Judge. Santiago completed basic training and advanced individual training. and that it neither violated Santiago’s enlistment agreement nor his right to due process of law. RUMSFELD.3D 549 Argued and Submitted April 6. . Presiding. Santiago currently serves as a sergeant in his Pendleton. Santiago challenges this application of the government’s “stop-loss” policy on the ground that it violates his enlistment contract and is unauthorized by statute. NINTH CIRCUIT. RAYMOND BYRNE. Santiago has been participating in monthly weekend training activities as part of his commitment to the Army National Guard. Oregon. SECRETARY OF DEFENSE.3 EMILIANO SANTIAGO V. appeals from the district court’s denial of his petition for a writ of habeas corpus.The All-Volunteer Military and Post 9/11 • 181 DOCUMENT 8. No. He also asserts a due process claim. Since that time. but shortly before that date his enlistment was extended by a “stop-loss” order when his unit was alerted prior to being ordered to active service. COMPANY D. § 12305(a). SECRETARY OF THE UNITED STATES DEPARTMENT OF THE ARMY (ACTING).S. when he was eighteen years old.

Santiago and his unit were instructed to mobilize on January 2. followed by deployment to Afghanistan for one year in support of “Operation Enduring Freedom. stating that “[a]s a result of the unit alert. Santiago’s attorney wrote a letter to Santiago’s unit commander requesting that Santiago be released from further service on the ground that he had fulfilled his contractual obligations.” Santiago retained counsel to challenge the involuntary extension of his enlistment under the stop-loss policy. Pursuant to the mobilization order.” but specified that “[t]his is an alert order only” and “[t]he official mobilization order may mobilize less than authorized strength. 2004. Washington. was his last weekend duty. On the civilian side. shortly thereafter for six weeks of training.” After learning about the waiver policy.182 • The All-Volunteer Military and Post 9/11 Santiago is an Aircraft Petroleum Specialist. Santiago’s attempt to exhaust administrative remedies prior to filing suit to enforce his rights. On April 17. because he was subject to the stoploss order. your client’s ETS [estimated termination of service] date was changed to 24 December 2031 and it is scheduled to remain so until his unit is removed from alert status or until demobilization is completed.” In May 2004. In October 2004. Santiago testified by declaration that his civilian supervisor was “not willing to request an exception to my deployment based upon a ‘negative national security impact’ on my employment. Santiago “assumed that the weekend training that he attended . a refueler. the Oregon National Guard received a “mobilization alert order” from the Army National Guard. Santiago attended a weekend training session. the original termination date of his contract. The order directed the unit stationed in Pendleton to “prepare for a mobilization into federal active service.” He also concluded that he could not . when Santiago’s eight-year term was due to expire. and that the entire unit was under stop loss. however. and depart for Fort Sill. this letter constitutes Sgt. Santiago concluded that it would be futile to seek a waiver or exception. . where he works as an electronic technician at Pacific Northwest National Laboratory (which is operated by Battelle Memorial Institute for the Department of Energy). Santiago lives with his wife in Pasco. Oklahoma.” The letter also directed that “[r]equests for waivers/exceptions to reserve component unit stop loss should be forwarded through the chain of command. Santiago’s lawyer explained that if no “confirmation of Sgt. 2005. Santiago’s unit received an order to mobilize for active duty.” In June 2004. Santiago learned that his enlistment would not end on June 27.” The Oregon Military Department replied by letter to Santiago’s lawyer. Santiago’s discharge [is received] within two weeks . . . the commander of Santiago’s company “announced to the soldiers that the unit was going to deploy.” On June 11. . He tests petroleum products for safety and then refuels Army aviation equipment.

. the contract was reflecting well-established rules of law applicable to enlistment contracts .] Enlistment contracts. regulations. The following statements are not promises or guarantees of any kind. This presidential power was properly delegated to the Assistant Secretary of the Army for Manpower and Reserve Affairs. .C. Santiago relies on the provision of his contract specifying an eight-year term and contends that it requires his separation at the end of that period. is not among them . [. section 12305(a) authorized the President to suspend the laws relating to separation of any member of the armed forces under specified conditions of national emergency.. . § 12305. The order was disseminated to personnel . are enforceable under the traditional principles of contract law . As more fully discussed in the next section of this opinion. 2002. Santiago reported to Fort Sill to begin his six weeks of training in preparation for deployment to Afghanistan. There is no question. with exceptions not relevant here. and the reference to changes in the law simply made clear that even subsequently enacted. The contract contains a section with the general heading “PARTIAL STATEMENT OF EXISTING UNITED STATES LAWS” and is introduced by a passage stating: Many laws. law would apply. 10 U. . The statute that authorized the stop-loss order. In so providing. . as well as pre-existing. was enacted in 1983. in an alert during an emergency declared by the President. who entered the stop-loss order suspending the separation laws on November 4. The enlistment contract clearly contemplates that the terms of enlistment are subject to existing federal laws and regulations that may not be spelled out in the contract. therefore. . .The All-Volunteer Military and Post 9/11 • 183 make a claim of personal hardship beyond that which other members of his unit were forced to endure. In January 2005. They explain some of the present laws affecting the Armed Forces which I cannot change but which Congress can change at any time.S. but insists that the extension under the present circumstances. during a declared war). that the parties to the contract understood and intended that many laws and regulations not set forth in the contract would govern Santiago’s service. and military customs will govern my conduct and require me to do things a civilian does not have to do. He acknowledges that the contract spells out some instances in which his enlistment can be extended (for example. It therefore was one of the federal laws to which Santiago’s enlistment contract was subject when he entered it.

we conclude that the military stop-loss policy does not violate the terms of Santiago’s enlistment contract. benefits. The next question we must address is whether the stop-loss order as applied to Santiago was authorized by statute. and their existence is not contested on this appeal. . Without the suspension of those laws.S. at the time of Santiago’s enlistment. order any unit. That being the case. Congress by section 12305 has authorized the suspension of separation laws. . he could be held under alert and ordered to active duty beyond the term of his enlistment . Article I. and the laws applying to the various segments of the armed forces are now codified in Title 10 of the United States Code. the military’s stop-loss policy does not exceed the statutory authority conferred on the President by 10 U. section 8. the emergency conditions specified by Congress in section 12305 for suspension of the separation laws did not yet exist. under the circumstances of this case. Nor do they dispute that “[i]n time of national emergency declared by the President . and any member not .C. Such changes may affect my status. clause 14 of the Constitution grants Congress the power to “make Rules for the Government and Regulation of the land and naval Forces. a statute that was in effect at the time Santiago signed his enlistment contract. It is true that. Consequently. allowances. The parties do not dispute that the purpose of reserve components “is to provide trained units and qualified persons available for active duty in the armed forces. Santiago’s enlistment contract contains an even more explicit warning: Laws and regulations that govern military personnel may change without notice to me.C. It was therefore the congressionally-authorized implementation of § 12305.” 10 U.184 • The All-Volunteer Military and Post 9/11 on November 21. pay. We conclude that. . Those emergency conditions have since come to pass. . without the consent of the persons concerned. This application of pre-existing federal law does not violate the terms of Santiago’s enlistment contract. and responsibilities as a member of the Armed Forces REGARDLESS of the provisions of this enlistment/reenlistment document. however.S. or when otherwise authorized by law. § 10102. that caused his term of enlistment to be extended. § 12305(a). . an authority designated by the Secretary concerned may. . 2002 .” Congress exercised this power. The congressionally-authorized suspension of the separation laws qualifies as a “change” in the law within the meaning of this clause. With the laws suspended. The contract recognized that federal statutes would apply to the enlistment. Santiago would have been entitled to be separated in due course at the end of his term of enlistment.

. This stop-loss policy was implemented on November 21 in a directive stating: Generally. The President declared a national emergency on September 14. all enlistments. 12302. the Assistant Secretary of the Army for Manpower and Reserve Affairs. 2001). This applies to [Reserve Component] units that are mobilized or have been alerted. reenlistments. or 12304 of this title. during any period members of a reserve component are serving on active duty pursuant to an order to active duty under authority of section 12301. are extended until further notice. Section 12305 authorizes the executive branch to implement a stop-loss policy in order to prevent retirement or separation of reserve members who are essential to national security: Notwithstanding any other provision of law. in the Ready Reserve . the stop-loss policy clearly applies to Santiago. 10 U.C. but not yet mobilized. extensions.S. to active duty for not more than 24 consecutive months.S. properly delegated from the President. . the stop-loss order suspending the laws governing separation for Army National Guard units. . Order No. 13223. in response to the terrorist attacks in Pennsylvania. The question is whether the policy is authorized by section 12305(a). . 48. The President simultaneously delegated to the secretaries of the armed services the authority to order reserves to active duty. . MILPER 03-040.C.The All-Volunteer Military and Post 9/11 • 185 assigned to a unit organized to serve as a unit. or separation applicable to any member of the armed forces who the President determines is essential to the national security of the United States. 66 Fed. retirement. . and to [Reserve Component] units that are alerted or mobil[iz]ed after this message is published. § 12305(a) (emphasis added). at the time this message is published. We must resolve a narrow question: whether Congress has delegated to the President the authority to apply the stop-loss policy to an individual whose enlistment contract expires after a mobilization alert but prior to a call to active duty. 2001.202 (Sept. and on the Pentagon . . 2002. See Exec. 5 (emphasis added).Reg. . Because his National Guard unit was alerted prior to his scheduled separation date. . the President may suspend any provision of law relating to promotion. § 12302(a). We conclude that the stop-loss policy is authorized by the plain language of section 12305 . at the World Trade Center. Reginald J. . Brown.201–48. executed on November 4. . . 14.” 10 U. Pursuant to this statutory authority. and periods of service for [Army National Guard] soldiers who are members of units alerted or ordered to active duty .

] Santiago next argues that his constitutional right to due process of law has been violated by the government’s failure to provide adequate notice that his enlistment could be extended involuntarily for reasons not specified in his enlistment contract. Santiago’s interpretation of section 12305(a) is not supported by the statute’s plain words. . 7463. Had Congress intended to limit the President’s power under section 12305(a) so that he could suspend the laws relating only to those members of the armed forces on active duty. it is rational to authorize the President to take special measures to ensure the services of other members of the armed forces whom he deems to be essential to national security... Santiago contends that the statute does not authorize application of the stop-loss order to him. however. 12302. 48199. That condition is met because the President declared a national emergency in September 2001 and invoked his authority to order reserve units to active duty under section 12302. 66 Fed. retirement or separation may be exercised with regard to “any member of the armed forces who the President determines is essential to the national security. As our earlier discussion of Santiago’s contractual claim makes clear. it would have been a simple matter for Congress to say so in the statute. . In times of national emergency resulting in the activation of reserve units.” The contract also states that Santiago “may at any time be ordered to active . [. or 12304 of this title. “during any period members of a reserve component are serving on active duty pursuant to an order to active duty under authority of section 12301. It did not.186 • The All-Volunteer Military and Post 9/11 Santiago’s central contention is that section 12305(a) authorizes the President to delay separation only of members of the reserve components who are on active duty. The actual operative power conferred on the President by section 12305(a). See Proclamation No.” refers only to the period of time during which the President may exercise the power conferred by section 12305(a). The limiting clause. Reg. The temporal condition for exercise of the President’s power under section 12305(a) accordingly has been met. That is what Congress has done in the plain words of section 12305(a).” not merely those who are on active duty. The district court found that members of the Army National Guard have been serving on active duty pursuant to this authority since October 2001. Santiago signed an enlistment contract that said “[l]aws and regulations that govern military personnel may change without notice to me. the power to suspend the laws governing promotion. Because his enlistment would have expired during the period of alert but before his unit was ordered to active duty. Santiago’s enlistment contract provided notice that subsequently enacted laws and regulations would affect the terms of his contract. .

provided veterans incentives and rewards for military service—primarily in providing educational subsistence. but not to exceed. § 12305(a). 2031. and. a capable and effective member of the Armed Forces. but may be extended for a cumulative period up to. Nor does Santiago’s “indefinite extension” violate his due process rights.” If Santiago’s rights under his enlistment contract have not been violated. . [Ed. but this date was entered for administrative convenience. as had the GI Bill of 1944. That Act. We also conclude that it was authorized by 10 U.” stimulated the maintenance and readiness of the National Guard and “ready” military reserves and encouraged public support for the volunteer tradition. For the reasons we have set forth.” indicates the complexities associated with Congressional and governmental programming and funding. as had previous “veterans legislation. Santiago’s new ETS date is December 25. the “Post9/11 Veterans Educational Assistance Act of 2008. We also accept the fact that his claim not to be subject to the stop-loss order has been brought in complete good faith. most significantly. however. . it is difficult to see how his constitutional claim which is essentially a variation of his breach of contract claim can prevail. The judgment of the district court is accordingly AFFIRMED. We do not minimize the disruption. the Post-9/11 Veterans Educational Assistance Act which became effective on August 1. 24 months. and in this case of the connection of being at once a productive and useful citizen and. and public land distributions to veterans of the past.C. Under these circumstances. in the same instance. The Act.” Accordingly.S. we reject Santiago’s claims that his right to due process of law was violated.The All-Volunteer Military and Post 9/11 • 187 duty involuntarily . A careful reading of Title V of the Appropriations Act of 2008. 2009 reaffirmed the historic connection between civilians and soldiers.: Footnotes and some references have been omitted. we conclude that the application of the stop-loss order did not breach his enlistment contract or deprive him of due process of law. under any other conditions authorized by law in effect at the time of my enlistment or which may hereafter be enacted into law. . the government’s failure to notify Santiago in his enlistment contract of each specific reason that his service might be extended involuntarily does not violate Santiago’s due process rights. hardship and risk that extension of his enlistment is causing Santiago to endure.] * * * In 2008. The stop-loss policy makes clear that soldiers “will generally be mobilized for an initial period of 12 months. the close connection between voluntary military service and citizenship.

The current educational assistance program for veterans is outmoded and designed for peacetime service in the Armed Forces. terrorists attacked the United States. and has a positive effect on recruitment for the Armed Forces. The people of the United States greatly value military service and recognize the difficult challenges involved in readjusting to civilian life after wartime service in the Armed Forces. 5002. Service on active duty in the Armed Forces has been especially arduous for the members of the Armed Forces since September 11. 5. 2001. 6. 2. . assist veterans in readjusting to civilian life after wartime service.4 TITLE V—VETERANS EDUCATIONAL ASSISTANCE ACT This title may be cited as the Post-9/11 Veterans Educational Assistance Act of 2008.I. and boost the United States economy. 2001.188 • The All-Volunteer Military and Post 9/11 DOCUMENT 8. as demonstrated by the many “G. and the brave members of the Armed Forces of the United States were called to the defense of the Nation. SEC. Bills” enacted since World War II. FINDINGS Congress makes the following findings: 1. 3. Educational assistance for veterans helps reduce the costs of war. with enhanced educational assistance benefits that are worthy of such service and are commensurate with the educational assistance benefits provided by a grateful Nation to veterans of World War II. On September 11. The United States has a proud history of offering educational assistance to millions of veterans. 4. 2001. It is in the national interest for the United States to provide veterans who serve on active duty in the Armed Forces after September 11.

— Part III of title 38. United States Code. duration of the entitlements. eligible veterans were those whose duty commenced on or after September 11. and termination of benefits. regulations.000. United States Code. the correction of clerical errors. when one fails to receive course credit.: Chapter 33—Post-9/11 Educational Assistance defines the specific amendments of Title 38.” . Chapter 33—Post-9/11 Educational Assistance provisions. determining one’s date of discharge.000. Subchapter III specifies terms of entitlements. Generally. United States Code. exceptions. The material defines the terms and entitlements to educational assistance. 5005. but there were numerous exceptions and inclusions regarding time in service and just what constituted service. or pursues studies not qualified under the act. directives on how and when. 2001. the kind of assistance eligible.] SEC. MODIFICATION OF AMOUNT AVAILABLE FOR REIMBURSEMENT OF STATE AND LOCAL AGENCIES ADMINISTERING VETERANS EDUCATION BENEFITS Section 3674(a)(4) of title 38. The material included under this heading are also included fiscal housekeeping requirements noting how payments may be affected by specific actions such as when a person is recalled to active duty. which expires at the end of the 15-year period beginning on the date of such individual’s last discharge or release from active duty. and served an aggregate of at least 36 months on active duty in the Armed Forces (including service on active duty in entry level and skill training). There were also limits to the total amount of funds available to state and local agencies which administered the veterans education assistance benefits. EDUCATIONAL ASSISTANCE FOR MEMBERS OF THE ARMED FORCES WHO SERVE AFTER SEPTEMBER 11. residence requirements. payments for tuition and educational supplies. is amended by inserting after chapter 32 the following new chapter: [Ed. is amended by striking “may not exceed” and all that follows through the end and inserting “shall be $19. 5003. to incorporate the terms of Title V. There were specific allowances for distance learning stipends.The All-Volunteer Military and Post 9/11 • 189 SEC.— 1 IN GENERAL. special rules. 2001 (a) Educational Assistance Authorized. and at what levels payments will be made to recipients. and the terms and lengths of service which qualified veterans for Educational Assistance.

subject to the limitation under subsection (d). to promote recruitment and retention of members of the Armed Forces. has completed six years of service in the Armed Forces and enters into an agreement to serve at least four more years as a member of the Armed Forces.— “(1) An individual approved to transfer an entitlement to basic educational assistance under this section may transfer any unused entitlement to one or more of the dependents specified in subsection (c). AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS FAMILY MEMBERS FOR CAREER SERVICE MEMBERS (a) Authority to Transfer Montgomery GI Bill Benefits to a Dependent. Authority to Transfer Unused Education Benefits to Family Members for Career Service Members. 5006. to permit an individual described in subsection (b) who is entitled to basic educational assistance under this subchapter to elect to transfer to one or more of the dependents specified in subsection (c) the unused portion of entitlement to such assistance. .—An individual referred to in subsection (a) is any member of the Armed Forces— “(1) who. the community.190 • The All-Volunteer Military and Post 9/11 [Ed. the state.] TO SEC. (2) by striking subsection (d) and inserting the following: “(d) Limitation on Months of Transfer.: Perhaps one of the most unique aspects of the Post-9/11 GI Bill was the provision that eligible veterans whose post-9/11 benefits were otherwise unused could be transferred to specified members of the veteran’s family. or “(2) as determined in regulations pursuant to subsection (k). the Secretary of Defense may authorize the Secretary concerned. “(a) In General. is amended— (1) by striking the section heading and subsections (a) and (b) and inserting the following: “Sec. “(b) Eligible Individuals. while serving on active duty or as a member of the Selected Reserve at the time of the approval by the Secretary concerned of the member’s request to transfer entitlement to basic educational assistance under this section. 3020. United States Code.—Subject to the provisions of this section.”. This entitlement encouraged the support of the volunteer tradition by the family. and the general public.— Section 3020 of title 38.

in coordination with the Secretary of Veterans Affairs. and (7) by striking subsection (k) and inserting the following: “(k) Regulations—The Secretary of Defense. and (4) the manner and effect of an election to modify or revoke a transfer of entitlement under subsection (f )(2).The All-Volunteer Military and Post 9/11 • 191 “(2) The total number of months of entitlement transferred by an individual under this section may not exceed 36 months.” (b) Authority to Transfer Montgomery GI Bill for the Selected Reserve Benefits to a Dependent. (3) the limitations on the amount of entitlement eligible to be transferred. (5) by adding at the end of subsection (f) the following: “(3) Entitlement transferred under this section may not be treated as marital property. 16132A. and (4) in subsection (f)(2) by inserting “as long as the individual is serving on active duty or as a member of the Selected Reserve” after “so transferred”.” (3) in subsection (f)(1) by striking “without regard to whether” and inserting “only while”. Such regulations shall specify— (1) the manner of authorizing the military departments to offer transfer of entitlements under this section. shall prescribe regulations for purposes of this section. United States Code. . or the asset of a marital estate. The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.” (6) in subsection (h)(5) by inserting “may use the benefit without regard to the 10-year delimiting date. is amended by inserting after section 16132 the following: “SEC. AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO FAMILY MEMBERS. subject to division in a divorce or other civil proceeding.— Chapter 1606 of title 10. (2) the eligibility criteria in accordance with subsection (b). but” after “under this section”.

“(f) Time for Transfer. at the time of the approval of the member’s request to transfer entitlement to basic educational assistance under this section. Revocation and Modification— “(1) Subject to the time limitation for use of entitlement under section 16133. “(b) Eligible Members—A member referred to in subsection (a) is a member of the Selected Reserve of the Ready Reserve who. or “(2) the years of service as determined in regulations pursuant to subsection (j). and “(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). has completed— “(1) at least six years of service in the Selected Reserve and enters into an agreement to service at least four more years as a member of the armed forces. “(e) Designation of Transferee—A member transferring an entitlement to basic educational assistance under this section shall— “(1) designate the dependent or dependents to whom such entitlement is being transferred. “(3) To a combination of the individuals referred to in paragraphs (1) and (2). “(d) Limitation on Months of Transfer—The total number of months of entitlement transferred by a member under this section may not exceed 36 months. subject to the limitation under subsection (d). “(c) Eligible Dependents—A member approved to transfer an entitlement to basic educational assistance under this section may transfer the member’s entitlement as follows: “(1) To the member’s spouse. the Secretary concerned may permit a member described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such member’s entitlement to such assistance. “(2) To one or more of the member’s children. a member approved to transfer entitlement to basic educational assistance under this section may transfer such . The Secretary of Defense may prescribe regulations that would limit the months of entitlement that may be transferred under this section to no less than 18 months.192 • The All-Volunteer Military and Post 9/11 “(a) In General—Subject to regulation prescribed by the Secretary of Defense. “(2) designate the number of months of such entitlement to be transferred to each such dependent.

] “SEC. or “(2) the years of service as determined in regulations pursuant to section (j).: Approximately three pages of very specific stipulations regarding the transfer of entitlements are deleted from Sec. “(2) To one or more of the member’s children. at the time of the approval of the member’s request to transfer entitlement to basic educational assistance under this section. “(c) Eligible Dependents—A member approved to transfer an entitlement to basic educational assistance under this section may transfer the member’s entitlement as follows: “(1) To the member’s spouse. “(3) Entitlement transferred under this section may not be treated as marital property.The All-Volunteer Military and Post 9/11 • 193 entitlement at any time after the approval of the member’s request to transfer such entitlement. at such Secretary’s sole dis’retion. The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. subject to the limitation under subsection (d). “(2) A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. a member described in subsection (b) who is entitled to basic educational assistance under this chapter to elect to transfer to one or more of the dependents specified in subsection (c) a portion of such member’s entitlement to such assistance. [Ed. subject to division in a divorce or other civil proceeding. 16163A. “(d) Limitation on Months of Transfer—The total number of months of entitlement transferred by a member under this section may not exceed 36 months. “(3) To a combination of the individuals referred to in paragraphs (1) and (2). “(b) Eligible Members—A member referred to in subsection (a) is a member of the armed forces who. The Secretary of Defense may prescribe regulations that would limit . the Secretary concerned may permit. 16132A. AUTHORITY TO TRANSFER UNUSED EDUCATION BENEFITS TO FAMILY MEMBERS “(a) In General—Subject to the provisions of this section. or the asset of a marital estate. has completed at least— “(1) six years of service in the armed forces and enters into an agreement to serve at least four more years as a member of the armed forces.

subject to division in a divorce or other civil proceeding. “(g) Commencement of Use—A dependent to whom entitlement to basic educational assistance is transferred under this section may not commence the use of the transferred entitlement until— “(1) in the case of entitlement transferred to a spouse. The modification or revocation of the transfer of entitlement under this paragraph shall be made by the submittal of written notice of the action to both the Secretary concerned and the Secretary of Veterans Affairs. “(h) Additional Administrative Matters— “(1) The use of any entitlement to basic educational assistance transferred . “(3) Entitlement transferred under this section may not be treated as marital property. or the asset of a marital estate. Revocation and Modification— “(1) Subject to the time limitation for use of entitlement under section 16164. and “(3) specify the period for which the transfer shall be effective for each dependent designated under paragraph (1). a member approved to transfer entitlement to basic educational assistance under this section may transfer such entitlement only while serving as a member of the armed forces when the transfer is executed. “(2) designate the number of months of such entitlement to be transferred to each such dependent. or “(2) in the case of entitlement transferred to a child. or “(ii) the years of service as determined in regulations pursuant to subsection (j). and “(B) either— “(i) the completion by the child of the requirements of a secondary school diploma (or equivalency certificate). both— “(A) the completion by the member making the transfer of at least— “(i) ten years of service in the armed forces. “(2) A member transferring entitlement under this section may modify or revoke at any time the transfer of any unused portion of the entitlement so transferred. or “(B) the years of service as determined in regulations pursuant to subsection (j). “(f) Time for Transfer. or “(ii) the attainment by the child of 18 years of age. “(e) Designation of Transferee—A member transferring an entitlement to basic educational assistance under this section shall— “(1) designate the dependent or dependents to whom such entitlement is being transferred. the completion by the member making the transfer of at least— “(A) six years of service in the armed forces.194 • The All-Volunteer Military and Post 9/11 the months of entitlement that may be transferred under this section to no less than 18 months.

“(4) The death of a member transferring an entitlement under this section shall not affect the use of the entitlement by the dependent to whom the entitlement is transferred. except that the dependent to whom the entitlement is transferred shall be treated as the eligible member for purposes of such provisions. the dependent and the member making the transfer shall be jointly and severally liable to the United States for the amount of the overpayment for purposes of section 3685 of title 38. a child to whom entitlement is transferred under this section may use the benefit without regard to the 10year delimiting date. “(6) The administrative provisions of this chapter shall apply to the use of entitlement transferred under this section. the amount of any transferred entitlement under this section that is used by a dependent of the individual as of the date of such failure shall be treated as an overpayment of educational assistance under paragraph (1). “(i) Overpayment— “(1) JOINT AND SEVERAL LIABILITY—In the event of an overpayment of basic educational assistance with respect to a dependent to whom entitlement is transferred under this section. “(3) Paragraph (2) shall not apply in the case of an individual who fails to complete service agreed to by the individual— .The All-Volunteer Military and Post 9/11 • 195 under this section shall be charged against the entitlement of the member making the transfer at the rate of one month for each month of transferred entitlement that is used. “(3) The monthly rate of educational assistance payable to a dependent to whom entitlement is transferred under this section shall be the monthly amount payable under sections 16162 and 16162a to the member making the transfer. but may not use any entitlement so transferred after attaining the age of 26 years. “(5) Notwithstanding section 16164(a)(2). “(2) Except as provided under subsection (e)(2) and subject to paragraphs (5) and (6). “(2) FAILURE TO COMPLETE SERVICE AGREEMENT—Except as provided in paragraph (3). if an individual transferring entitlement under this section fails to complete the service agreed to by the individual under subsection (b)(1) in accordance with the terms of the agreement of the individual under that subsection. “(7) The purposes for which a dependent to whom entitlement is transferred under this section may use such entitlement shall include the pursuit and completion of the requirements of a secondary school diploma (or equivalency certificate). a dependent to whom entitlement is transferred under this section is entitled to basic educational assistance under this chapter in the same manner as the member from whom the entitlement was transferred.

including designated amounts for aircraft. was only a part. weapons and tracked combat vehicles. are particularly vulnerable. Some argue that open societies such as the U.196 • The All-Volunteer Military and Post 9/11 “(A) by reason of the death of the individual. and title 38 United States Code.” [Ed. Older traditional societies and nations had preserved their integrity by maintaining a political and geographic apartness. Homeland defense for the U.S. Army. National Guard and Reserves. Now. The Appropriations Act of 2008 provided specific funds for each branch of the military services.] * * * The changing character of war in the twenty-first century also reflected the changing aspects of life on planet Earth. “(j) Regulations— “(1) The Secretary of Defense. Human society had become a global society. Air Force. The costs and character of defense in the new global society can be gleaned somewhat from the defense and military appropriations which were. the frontiers of the U. the primary purpose of the Appropriations Act of 2008.S. That same technology also made those traditional nations and societies more vulnerable. The allocations in some respects recalled the Laws of Virginia requiring “every man able to beare armes have in his house a fixt gunn two pounds of powder and eight pound of shot. That life had become much more integrated and interrelated. That world had been substantially eroded by the technology and the wars of the twentieth century. The technology of the twenty-first century had broken down the communications and walls separating nations and peoples. and the special needs identified by Congress in those appropriations. in the twenty-first century the allocation of funds by the Appropriations Act of 2008. and for most nations had become a global phenomenon. development. Title V. Navy. illustrate the changing dimensions of . ammunition. and required amendments to title 10. Russia. the United Kingdom. and of every nation touched upon the frontiers of each and every other nation in this new twenty-first-century global society.: The remaining materials under Title V are primarily “housekeeping” and technical items relating to the kinds of regulations that might be authorized. the Post 9/11 GI Bill. in coordination with the Secretary of Veterans Affairs. Indeed..” Those were the weapons of three hundred years ago. in fact. for “research. while the culture and the experiences of that society had not yet made the transition.S. test and evaluation” and other special needs. China. or (B) for a reason referred to in section 16133(b). shall prescribe regulations for purposes of this section. Marine Corps.

of which $2. to remain available until September 30. 2009.110. to remain available for obligation until expended. Office of the Inspector General: For an additional amount for “Office of the Inspector General.” $1.000. of which $364.000 may be used.” $65. test and evaluation.000 shall be for research. 2009: Provided. development.The All-Volunteer Military and Post 9/11 • 197 national defense and the transformations in arms.450. to remain available until September 30. development.000.000 shall be for research. to remain available until September 30. [Ed.: Specific allocations were also directed to a Commander’s Emergency Response Fund]: (a) From funds made available for operation and maintenance in this chapter to the Department of Defense. DOCUMENT 8.864.841. 2009.000 is for procurement.” $6. Defense: For an additional amount for “Drug Interdiction and Counter-Drug Activities.000.000. armaments. Defense Health Program: For an additional amount for “Defense Health Program. National Defense Sealift Fund: For an additional amount for “National Defense Sealift Fund. $75. 2010. of which $91.226. That in addition to amounts otherwise contained in this paragraph.394.064. test and evaluation.” $1. and armies of the twenty-first century.” $5.900.000.000 is hereby appropriated to the “Defense Health Program” for operation and maintenance for psychological health and traumatic brain injury. of which $957. 2009. notwithstanding any other provision of law. to remain available until September 30. Drug Interdiction and Counter-Drug Activities.317. to fund the Commander’s . to remain available for obligation until expended. not to exceed $1.837.413.900. to remain available until September 30.000 shall be for operation and maintenance.000.000. Defense.5 REVOLVING AND MANAGEMENT FUNDS Defense Working Capital Funds: For an additional amount for “Defense Working Capital Funds.

Operation. (b) Not later than 15 days after the end of each fiscal year quarter. as specified in section 1033 of the National Defense Authorization Act for the Fiscal Year 1998 .000 of the amounts in or credited to the Defense Cooperation Account.C.198 • The All-Volunteer Military and Post 9/11 Emergency Response Program. the Secretary of Defense may transfer not to exceed $6.” not to exceed $20. Afghanistan. 9106: Of the amount appropriated by this chapter under the heading “Drug Interdiction and Counter-Drug Activities. and Maintenance Funds for each branch of the military and for the National Guard and Reserves. . for the purpose of enabling military commanders in Iraq. as well as funding for Afghanistan Security Forces. and Iraq Security Forces]: Provided further. That the Secretary shall report to the Congress all transfers made pursuant to this authority.000 may be used for the provision of support for counter-drug activities of the Governments of Afghanistan.500. and Turkmenistan. Defense. Afghan. and the Philippines to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi. and Filipino people.S.: Other special categories identified for funding included Military Personnel. [Ed. Kazakhstan. Kyrgyzstan. 2608. That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations: . That such amounts shall be available for the same time period as the appropriation to which transferred: Provided further. [Ed. pursuant to 10 U. Pakistan.: Authorization was also given the Secretary of Defense to transfer certain funds to a Defense Cooperation Account]: During fiscal year 2008.000. to such appropriations or funds of the Department of Defense as the Secretary shall determine for use consistent with the purposes for which such funds were contributed and accepted: Provided. Tajikistan. Sec. the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the programs under subsection (a). .

(b) The report shall include performance standards and goals for security. development. operation and maintenance. That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further. test and evaluation. 9201–Sec. the following: (1) With respect to stability and security in Iraq. individual service requirements to counter the threats. That the Secretary of Defense may transfer funds provided herein to appropriations for operation and maintenance. That the Secretary of Defense may transfer such funds to appropriations for military personnel. research.: Sec. Congress also directed. and defense working capital funds to accomplish the purpose provided herein: Provided further. notify the congressional defense committees in writing of the details of any such transfer. 9203 are deleted. and security force training objectives in Iraq together with a notional timetable for achieving these goals. That the Secretary of Defense shall submit a report not later than 60 days after the end of each fiscal quarter to the congressional defense committees providing assessments of the evolving threats. development. and Civic Aid. That the Secretary of Defense shall. under the authority of the fiscal legislation [Sec. (c) In specific. not fewer than 15 days prior to making transfers from this appropriation. and defense working capital funds to accomplish the purposes provided herein: Provided further. GENERAL PROVISIONS—THIS CHAPTER [Ed. test and evaluation. procurement. Disaster. and details on the execution of the Fund: Provided further. Those charges denote the complexity of the warfare being waged across the globe. economic. Overseas Humanitarian. at a minimum. 2008 and every 90 days thereafter through the end of fiscal year 2009. the report requires. research. 9204] that the Secretary of Defense report on very specific actions and initiatives taken within the zones of hostility and military actions. the following: . procurement.] (a) Not later than December 5. the current strategy for predeployment training of members of the Armed Forces on improvised explosive devices.The All-Volunteer Military and Post 9/11 • 199 Provided further. the Secretary of Defense shall set forth in a report to Congress a comprehensive set of performance indicators and measures for progress toward military and political stability in Iraq.

(F) The most recent annual budget for the Government of Iraq. size. (ii) electricity. or (iii) not ready to conduct counterinsurgency operations. (E) Key indicators of economic activity that should be considered the most important for determining the prospects of stability in Iraq. including the type. (C) The operational readiness status of the Iraqi military forces. (D) A description of all militias operating in Iraq. and equipping these forces). goals for achieving certain capability and readiness levels (as well as for recruiting. training. trends relating to numbers and types of ethnic and religious-based hostile encounters. and progress made in the transition of responsibility for the security of Iraqi provinces to the Iraqi Security Forces under the Provincial Iraqi Control (PIC) process. (C) An assessment of the estimated strength of the insurgency in Iraq and the extent to which it is composed of non-Iraqi fighters. (B) Key criteria for assessing the capabilities and readiness of the Iraqi military and other Ministry of Defense forces. numbers of trained Iraqi forces. and organizational structure of Iraq battalions that are— (i) capable of conducting counterinsurgency operations independently without any support from Coalition Forces. (2) With respect to the training and performance of security forces in Iraq. number. and efforts to disarm or reintegrate each militia. the following: (A) The training provided Iraqi military and other Ministry of Defense forces and the equipment used by such forces. (B) The primary indicators of a stable security environment in Iraq. such as number of engagements per day. (G) The criteria the Administration will use to determine when it is safe to begin withdrawing United States forces from Iraq. (ii) capable of conducting counterinsurgency operations with the support of United States or coalition forces. legal status. including— (i) unemployment levels. . sources of support. size. including the important political milestones that must be achieved over the next several years.200 • The All-Volunteer Military and Post 9/11 (A) Key measures of political stability. (D) The amount and type of support provided by Coalition Forces to the Iraqi Security Forces at each level of operational readiness. equipping and overall readiness of those forces. and (iii) hunger and poverty levels. equipment strength. water. including a description of amounts budgeted for support of Iraqi security and police forces and an assessment of how planned funding will impact the training. including the number. and the milestones and notional timetable for achieving these goals. military effectiveness. and oil production rates.

(F) The rates of absenteeism in the Iraqi military forces and the extent to which insurgents have infiltrated such forces. and the milestones and notional timetable for achieving these goals. (H) The level and effectiveness of the Iraqi Security Forces under the Ministry of Defense in provinces where the United States has formally transferred responsibility for the security of the province to the Iraqi Security Forces under the Provincial Iraqi Control (PIC) process. (G) The training provided Iraqi police and other Ministry of Interior forces and the equipment used by such forces. (v) attrition rates and measures of absenteeism and infiltration by insurgents. (I) Key criteria for assessing the capabilities and readiness of the Iraqi police and other Ministry of Interior forces. including defending the borders of Iraq and providing adequate levels of law and order throughout Iraq. (J) The estimated total number of Iraqi battalions needed for the Iraqi security forces to perform duties now being undertaken by coalition forces. (ii) the number of veteran police officers who have received classroom instruction and the duration of such instruction. in a classified annex if necessary. through the end of calendar year 2009. (iii) the number of police candidates screened by the Iraqi Police Screening Service. including planned force rotations. the number of candidates derived from other entry procedures. goals for achieving certain capability and readiness levels (as well as for recruiting. training. (K) The effectiveness of the Iraqi military and police officer cadres and the chain of command. of United States military requirements. including— (i) the number of police recruits that have received classroom training and the duration of such instruction. (L) The number of United States and coalition advisors needed to support the Iraqi security forces and associated ministries. (M) An assessment. . and (vi) the level and effectiveness of the Iraqi Police and other Ministry of Interior Forces in provinces where the United States has formally transferred responsibility for the security of the province to the Iraqi Security Forces under the Provincial Iraqi Control (PIC) process. and equipping). and the success rates of those groups of candidates. (iv) the number of Iraqi police forces who have received field training by international police trainers and the duration of such instruction.The All-Volunteer Military and Post 9/11 • 201 (E) The number of Iraqi battalions in the Iraqi Army currently conducting operations and the type of operations being conducted.

the Commander. or allocation from other headings in prior appropriations Acts. Combined Security Transition Command—Afghanistan. The Secretary of Defense shall submit to the congressional defense committees updates of the report required by this subsection every 90 days after the date of the submission of the report until October 1. arrayed by fiscal year. (C) An estimated total cost to train and equip the Iraq and Afghan security forces. disaggregated by major program and sub-elements by force. Multi-National Security Transition Command—Iraq. The report and updates of the report required by this subsection shall be submitted in classified form. shall submit to the congressional defense committees not later than 120 days after the date of the enactment of this Act and every 90 days thereafter a report on the proposed use of all funds under each of the headings “Iraq Security Forces Fund” and “Afghanistan Security Forces Fund” on a project-by-project basis. including estimates by the commanders referred to in paragraph (1) of the costs to complete each project.202 • The All-Volunteer Military and Post 9/11 SEC. 9205. for which the obligation of funds is anticipated during the 3-month period from such date. (B) The use of all funds on a project-by-project basis for which funds were appropriated under the headings referred to in paragraph (1) in prior appropriations Acts. (a) REPORT BY SECRETARY OF DEFENSE. in consultation with the Secretary of Defense. and the Commander. (b) REPORT BY OMB. the Secretary of Defense shall submit to the congressional defense committees a report that contains individual transition readiness assessments by unit of Iraq and Afghan security forces. including estimates by the commanders referred to in paragraph (1) of the costs to complete each project. 2009. (2) The report required by this subsection shall include the following: (A) The use of all funds on a project-by-project basis for which funds appropriated under the headings referred to in paragraph (1) were obligated prior to the submission of the report.— The Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfers of funds between sub-activity groups in excess of $15.000 using funds appropriated by this Act under . or for which funds were made available by transfer.— Not later than 30 days after the date of the enactment of this Act. reprogramming.000.— (1) The Director of the Office of Management and Budget. (c) NOTIFICATION. including estimates by the commanders referred to in this paragraph of the costs required to complete each such project.

development. 9208 (INCLUDING TRANSFERS) (a) Notwithstanding any other provision of law. services. That for the purpose of this section.” SEC. test and evaluation to accomplish the purposes . transport. to provide supplies. (b) The funds provided by subsection (a) shall be available to the Secretary of Defense to continue technological research and development and upgrades. That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section. to procure Mine Resistant Ambush Protected vehicles and associated support equipment.000 for the “Mine Resistant Ambush Protected Vehicle Fund. SEC. (c) (1) The Secretary of Defense shall transfer funds provided by subsection (a) to appropriations for operation and maintenance. SEC.The All-Volunteer Military and Post 9/11 • 203 the headings “Iraq Security Forces Fund” and “Afghanistan Security Forces Fund. 9206 Funds available to the Department of Defense for operation and maintenance provided in this chapter may be used. and in addition to amounts otherwise made available by this Act.000. and field Mine Resistant Ambush Protected vehicles. 2009. and research. there is appropriated $1. transportation. including airlift and sealift.” to remain available until September 30. and executed in direct support of the Global War on Terrorism only in Iraq and Afghanistan. and to sustain. procurement. 9207 Supervision and administration costs associated with a construction project funded with appropriations available for operation and maintenance. supervision and administration costs include all in-house Government costs. “Afghanistan Security Forces Fund” or “Iraq Security Forces Fund” provided in this chapter. and other logistical support to coalition forces supporting military and stability operations in Iraq and Afghanistan: Provided.700. may be obligated at the time a construction contract is awarded: Provided. notwithstanding any other provision of law.

became . there was no longer a distinction between peacetime service in the military and wartime service. followed by the approval of the Morrill Land Grant College Act in 1862. notify the congressional defense committees in writing of the details of the transfer. . the Armed Services Committee of the Senate. Military service increasingly became intermittent as the nation responded to new crises or situations. (2) The transfer authority provided by this subsection shall be in addition to any other transfer authority available to the Department of Defense. Tours of duty in Iraq.204 • The All-Volunteer Military and Post 9/11 specified in subsection (b). and has a positive effect on recruitment for the Armed Forces. (3) The Secretary of Defense shall.” The legislation also implicitly recognized that since the terrorist attack on September 11. the Subcommittee on Defense of the Committee on Appropriations of the Senate. And it explicitly recognized that the “G. had become a constant and permanent feature of life. The legislation was explicitly a response to “terrorists” attacks against the United States. boosts the United States economy. and education. Title V. not less than 15 days prior to making any transfer under this subsection.I. and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives. War. for example. the Selective Service Act of 1917. the Veterans Educational Assistance Act or “Post 9/11 GI Bill. albeit a different kind of war than had been waged in the past. Bill” enacted since World War II and educational assistance for veterans “helps reduce the costs of war. Subsequently. . and the Selective Training and Service Act of 1940. * * * The association between education and national defense and military preparedness first came to the fore with the creation of national military academies in the early nineteenth century. military service. the term “congressional defense committees” means the Armed Services Committee of the House of Representatives. SEC. followed by the Serviceman’s Readjustment Act (GI Bill) of 1944 reaffirmed and strengthened the connection between citizenship. 9209 For the purposes of this Act. or Afghanistan. assists veterans in readjusting to civilian life after wartime service. . Such transferred funds shall be merged with and be available for the same purposes and for the same time period as the appropriation to which they are transferred.” signaled the changing character and dimensions of warfare and national defense.

The provisions of this new GI Bill were also specifically to be disseminated by the respective Secretary of the Army. weapons and tracked combat vehicle procurement ($5.900. Navy and Marine Corps and the National Guard received similar allocations for aircraft. Opium and other drugs were particularly associated with generating resources for the Taliban.337. missile procurement ($561. Another aspect of modern warfare. 471. Congress allocated funds under the rubric or heading of national defense and military preparedness for health and medical research and development.656.The All-Volunteer Military and Post 9/11 • 205 multiple and for many reservists and National Guard personnel life rotated between civilian and the military phase. and Evaluation.111. Education and technical or “skill” training were paramount features of the continuing support provided the citizen soldiers by the government. ammunition. and for drug interdiction—the latter perhaps recognizing that one of the “weapons” an enemy might use to undermine military preparedness could be the infusion of drugs into the civilian lifestyle. And.000). missiles. supplemental funds for ammunition ($344. vehicles. and Secretary of Homeland Security. Tajikistan. Kazakhstan. Training for modern warfare increasingly reflected the fusion of training required for a life and livelihood as a civilian—coincidentally more closely configuring the character and aptitudes of citizenship and soldiering. and Turkmenistan” as those qualified for financial support for “Drug Interdiction and Counter-Drug Activities. the Post 9/11 GI Bill.” The weapons and technology of war were changing rapidly—often through managed and directed research and engineering and technological development. Congress specifically designated the “Governments of Afghanistan.000). In providing that “unused education benefits” could be transferred by the veteran to family members encouraged family and community support and encouragement for voluntary service. and supplies. and Secretary of Defense. One significant allocation that further emphasized the changing character of warfare was the funds allotted for “Research. Pakistan.340. denoting too perhaps the interface of military and civilian life.000) for “other procurement. Congress allocated specific funds available to the Army for aircraft procurement ($954. and perhaps al-Qaeda in Afghanistan and Pakistan. Defense. was the costs and character of contemporary warfare and national defense.463.” The Air Force. ships. An interesting facet of this fusion of being a good citizen with being a good soldier was that the Post 9/11 GI Bill provided that individuals who were judged by the Secretary of Defense as having (or being capable of acquiring) “a skill or specialty in which there is a critical shortage of personnel or for which it is difficult to recruit or to attract and retain in the military” would be entitled to educational “bonus” supplements. Air Force. Development.000). indicated by the appropriations part of Title V.000). Testing. and another $16.” It considered . Navy. Kyrgyzstan.

military recruiters have had continued success: DOCUMENT 8.6 GERRY J. and the Philippines to respond to urgent humanitarian relief and reconstruction requirements within their areas of responsibility by carrying out programs that will immediately assist the Iraqi. 2009 —All active-duty and reserve-component military branches met or exceeded their recruiting goals for October.206 • The All-Volunteer Military and Post 9/11 a stable and responsible civil life at home—and abroad—essential to American security and national defense. Congress allotted $1. Nov. Defense Department officials said. Despite the fact that there seemed to be no end to the conflicts and continuing casualties caused by roadside bombs. U. Bill Carr. Within this context. October’s results —the first for fiscal 2010—continue a successful military recruiting mission that experienced a banner year in fiscal 2009. GILMORE. 13. car bombs. deputy undersecretary of defense for military personnel policy. Afghan. as if to emphasize the threats and the unique demands of contemporary warfare abroad and the association of world political stability and economic welfare with American security. S. “ALL SERVICES MEET OR EXCEED OCTOBER RECRUITING GOALS.841 to the Department of Defense to fund the Commander’s Emergency Response Program. and Filipino people. Contemporary warfare. Active-duty military recruiting continued its winning ways in October: . national defense policies continued to rest upon the dual persona of the American citizen and soldier. told Pentagon reporters at an Oct. Afghanistan. Active and reserve military components notched record recruiting numbers in fiscal 2009 and also signed up the highest-quality recruits since the all-volunteer force began in 1973. fragmented. national defense. global stability and world peace— all related to international security. and the encouragement of a productive and vibrant global economy.” 2009 American Forces Press Service WASHINGTON. The Post-9/11 GI Bill and the frontier. stability. Notably. for the purpose of enabling military commanders in Iraq. 13 news conference. and terrorist style of warfare that often targeted unarmed civilians reaffirmed and strengthened the historic association in the United States of the citizen and soldier.226. and suicide bombers.

.348 accessions.947 goal. making 125 percent of its 2.198 active-duty airmen in October. 13 news conference. officials said. • The Army Reserve had 3. Carr added. but he also pointed to the efforts of military recruiters for the results in fiscal 2009.The All-Volunteer Military and Post 9/11 • 207 • The Army signed up 6. making 100 percent of its 2. . Donald M. • The Navy signed up 2.” Carr pointed out. told Pentagon reporters at the Oct.851 active-duty Marines in October.000.675 goal.926 active-duty sailors in October. making 100 percent of its 671 goal. • The Navy Reserve had 671 accessions.858 goal. making 112 percent of its 3. Gen. making 144 percent of its 787 goal. • The Air Force signed up 2. For example. pending corrections and resubmissions from services.843 goal. . • The Air Force Reserve had 1. . Maj.083 accessions.425 accessions.198 goal. • The Marine Corps signed up 2. Campbell Jr. making 124 percent of its 562 goal. • The Air National Guard had 698 accessions. All four active-duty services also met or exceeded their retention goals for October. You would start with the number [of recruits] that are under contract to report for training in the months ahead. And last year’s success should positively affect the military’s recruiting mission in fiscal 2010. Attrition losses for the reserve components are not available. Carr acknowledged that the current economic downturn probably is having a positive effect on recruiting. “You just don’t start recruiting from zero.132 accessions.083 goal. • The Marine Corps Reserve had 1. chief of Army Recruiting Command. making 100 percent of its 2.914 active-duty soldiers in October. All six reserve components met or exceeded their recruiting goals in October: • The Army National Guard had 4. noting that the military deployed a robust bonus program in which 40 percent of recruits received an average bonus of $14. . making 101 percent of its 6. the Army’s active-duty recruiting goal for fiscal 2010 is about 74. making 100 percent of its 1.926 goal. making 100 percent of its 2.500 soldiers.

and generally selected on the basis of skills.S. listening to our troops and commanders—unvarnished and unscripted—has from the moment I took this job been the greatest single source for ideas on what the Department needs to do both operationally and institutionally.” he said.” DOCUMENT 8. “AMERICA’S GREATEST ASSET” As you may know. part to changing demographics. the one great constant was the character of American military forces. in the past several decades the available pool of volunteers had been shrinking. will count toward the Army’s fiscal 2010 recruiting goal. Gates stressed that the proposed budget was a reform budget that reflected lessons learned in Iraq and Afghanistan while addressing “the range of other potential threats around the world. he said. now and in the future. * * * While the branches of the military had consistently filled their quotas. the Army had signed up about 30. That perception began to fade as “winning” seemed elusive and casualties among U. Obama. As we increase our presence there—and refocus our efforts with a new strategy—I wanted to get a sense from the ground level of the challenges and needs so that we can give our troops the equipment and support to be successful and come home safely. they have done their .” The “all-volunteer force. In his presentation of the administration’s 2010 Defense Budget before the House Armed Service Committee on Wednesday. I was in Afghanistan last week. The 9/11 attack on the Twin Towers and the Pentagon did generate a surge in volunteers for military service. Bush and President Barack H. Gates. As I told a group of soldiers on Thursday. But insofar as the United States was concerned. and a sense that the threat from foreign enemies was very real. and education for their role in the armed services. and Allied forces continued to rise.7 SECRETARY OF DEFENSE ROBERT M. Indeed. Campbell said. And these troops. training. 2008. “represents America’s greatest strategic asset. They were volunteers.000 new active soldiers through delayed-entry programs. GATES. May 13. Secretary of Defense Robert M.208 • The All-Volunteer Military and Post 9/11 However. who served in that post under both President George W. stressed that it was the “people part” of national defense that was America’s greatest asset. Part of that was surely attributed to public discontent with the changing locales and character of modern warfare. and part to a perception among some that the threats to national security were being overstated.

to rebalance this department’s programs in order to institutionalize and enhance our capabilities to fight the wars we are in and the scenarios we are most likely to face in the years ahead.” Second. as Admiral Mullen says. meaning a fundamental overhaul of our approach to procurement. This budget is intended to help steer the Department of Defense toward an acquisition and procurement strategy that is sustainable over the long term—that matches real requirements to needed and feasible capabilities. that is 2. while at the same time providing a hedge against other risks and contingencies. and contracting. I believe that it is. In many respects. This budget aims to alter many programs. acquisition. First of all. we hope to give a more accurate picture of the costs of the wars and also create a more unified budget process to decrease some of the churn usually associated with funding for the Defense Department. primarily in Iraq and Afghanistan. sustainability.The All-Volunteer Military and Post 9/11 • 209 job. which. in order to do this. and all that I have learned over the past two-and-a-half years—all underpinning this budget’s three principal objectives: First. I know that there has been discussion about whether this is.8 billion for FY10—a four percent increase over the FY09 enacted level. It is simply not reasonable to expect the . The base budget request is for $533. to reaffirm our commitment to take care of the all-volunteer force. this year we have funded the costs of the wars through the regular budgeting process—as opposed to emergency supplementals. By presenting this budget together. Now it is time for us in Washington to do ours. From these priorities flow a number of strategic considerations. more of which are included in my submitted testimony. I mean sustainability in light of current and potential fiscal constraints. three key points come to mind about the strategic thinking behind these decisions. and many of the fundamental ways that the Department of Defense runs its budgeting. I can assure you that I will do everything in my power to prevent that from happening on my watch. the Department’s budget request includes $130 billion to support overseas contingency operations. and procurement processes. Indeed. I have warned in the past that our nation must not do what we have done after previous times of conflict and slash defense spending. acquisition.1 percent real growth. in fact. By that. represents America’s greatest strategic asset. As you know. sufficient to maintain our defense posture—especially during a time of war. we must reform how and what we buy. “If we don’t get the people part of our business right. none of the other decisions will matter. and Third. In this respect. this budget builds on all the meetings I have had with troops and commanders. After inflation. in my view. In addition.

The responsibility of this department first and foremost is to fight and win wars—not just constantly prepare for them. I know that some of you will take issue with individual decisions. We have to be prepared for the wars we are most likely to fight—not just the wars we have been traditionally best suited to fight.” terminating programs that go too far outside the line. also have finite resources. the conflicts we are in have revealed numerous problems that I am working to improve. . Acquisition priorities have changed from defense secretary to defense secretary. balance. I thank you for your ongoing support of our men and women in uniform. Second. I would caution that each program decision is zero sum: a dollar spent for capabilities excess to our real needs is a dollar taken from a capability we do need—often to sustain our men and women in combat and bring them home safely. I would ask. and bringing annual costs for individual programs down to more reasonable levels will reduce this friction. the answer is not necessarily buying more technologically advanced versions of what we built—on land. As I’ve said before. As you consider this budget and specific programs. We should be able to secure our nation with a base budget of more than a half a trillion dollars—and I believe this budget focuses money where it can more effectively do just that. perhaps just as importantly. there are all the lessons learned from the last eight years—on the battlefield and. and congress to congress. Eliminating waste. and this budget makes real headway in that respect. About the role of the services and how we can buy weapons as jointly as we fight. or at sea—to stop the Soviets during the Cold War. I also mean sustainability of individual programs. administration to administration. in the air. however. I look forward to your questions. this budget is less about numbers than it is about how the military thinks about the nature of warfare and prepares for the future. At the end of the day.210 • The All-Volunteer Military and Post 9/11 defense budget to continue increasing at the same rate it has over the last number of years. In that respect. About how we take care of our people and institutionalize support for the warfighter for the long term. institutionally back at the Pentagon. About reforming our requirements and acquisition processes. or threats we conjure up from potential adversaries who. that you look beyond specific programs. even when considering challenges from nation-states with modern militaries. in the real world. ending “requirements creep. and instead at the full range of what we are trying to do—at the totality of the decisions and how they will change the way we prepare for and fight wars in the future. Finally. Once again.

and in the past. Without a draft to augment the all-volunteer forces as in previous lengthy wars. During the first decade of the twenty-first century. What are your views on the “Don’t Ask.The All-Volunteer Military and Post 9/11 • 211 QUESTIONS AND ISSUES 1. Don’t Tell” policy towards gays and lesbians in the military. so relevant to military preparedness and national defense? 6. and the Post 9/11 GI Bill of 2008. How is it that the “citizen-soldier” continues to characterize the core of American military personnel? 5. or why not? 4. the United States has been engaged in fighting prolonged wars in Iraq and Afghanistan. Identify key legislation since the founding of the United States that exemplifies the association between an educated citizenry and national defense. adopted during the presidency of Bill Clinton? Is this a civil rights issue equivalent to racial integration and equal treatment of women in the Armed Forces? Why. Compare and contrast the provisions and rationale of the GI Bill of 1944. Consider the character of modern warfare as exemplified by the combat and engagements of the past several decades. Given the current multiple missions of the Armed Forces. . should today’s veterans of the all-volunteer Armed Forces receive benefits comparable to those in the original GI Bill? 3. 7. What do you think the nation owes its military veterans? With significantly higher pay and benefits than their predecessors who served between 1940 and 1973 received. the military has called up the National Guard and the Reserves. Why is education now. and has implemented “stop-loss” policies that force its personnel to serve multiple tours in combat areas. how do you view the occasional calls for re-instituting the draft? 2.

CHAPTER

9

CITIZEN AND SOLDIER

Throughout American history war has been the rule and peace the exception. This study focuses on the fundamental, but timely and timeless question of how, when, and why the United States has raised an army. The focus is on the relationship between military service and citizenship beginning with the colonial era and ending with the first year of the Obama Presidency. Basic questions have guided the selection of documents and the editors’ efforts to establish the historical context for understanding and evaluating the relationship and history of citizenship and military service: • How, when, and why has the nation raised an army? • How has it drawn upon the human resources available for military service? • Why have some citizens served and others have not? • Do all citizens, male and female, who are of appropriate age and physical and mental fitness have an obligation to serve? • Should willingness to serve be a condition for naturalized citizenship? As the title of this book suggests, the guiding principle has been the concept of the citizen-soldier. To put it more broadly, the reader may notice that some of these questions are ones of historical fact—those that ask how, when, and why—while others—those that ask why and should—call for the reader to apply personal values, judgments, and beliefs to his or her understanding of the documents. The editors of this book share a common

Citizen and Soldier • 213

understanding of the how, and when of this history, while their different personal histories, values, and beliefs may lead to different answers regarding the why and should a situation have developed, a law passed, or what the significance of that event or action may have been. Students, teachers, and the general public will similarly reach different answers and conclusions. The historical study of the relationship between citizenship and military service will enhance one’s understanding of American history in general, and of our military, political, and social experiences in particular.

HOW, WHEN, AND WHY HAS THE NATION RAISED AN ARMY? The simple answer to the when and why is: always, and at least officially for defense. We might more precisely ask: how, when, and why has the nation called up and enlarged its Armed Forces for real or potential combat duty? For there has never been a time when the nation did not have an army, and the justification for it has always been for defense against threats to the security or strategic interests of the nation, or during the colonial era for defense of communities. But beyond this simple—or simplistic answer—lies a much more complex one. Before the twentieth century most U.S. wars were Indian Wars fought to secure the right of Europeans to settle the land or to defend established settlements. The First Laws of Virginia in 1623 recognized the citizen-soldier as the basic resource for the colonists’ protection. Other laws soon followed establishing regularly organized colonial militia—predecessors of the later day state and National Guard. During the 169 years of colonial North America before the Revolutionary War, virtually every military engagement involved one or more Indian tribes, even when, as in the French and Indian War, it also involved a European nation. Forty-eight of the seventy military engagements before 1900, as noted in Table 0.I, involved conflicts between the original inhabitants of this continent or conflicts with earlier settlers of Hawaii. Thus, from the beginning we are faced with the difficulty of defining the concept of national defense and national security, and asking whether American wars have sometimes crossed the line from defense to conquest. From the Pequot War in early colonial Massachusetts, to Wounded Knee in 1890, many of the Indian Wars were preemptive wars intended to disarm tribes before they could attack white settlers—not unlike the preemptive strike against Iraq in 2003. The Indian Wars generally fell into two categories. In one, the United States forces responded to attacks initiated by Indians, as in the Black Hawk War of 1832. In the other, the United States waged wars of territorial conquest, as in those commanded by Andrew Jackson and William Henry Harrison leading up to the War of 1812, and in some of the later wars of the Great Plains. It is easy to think of the first kind

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as national defense and the second as purely offensive. Yet, Jackson and Harrison both saw their campaigns as contributing to the defense of the Nation. If we look simply at where the nation most frequently deployed its Armed Forces during its first century, it seems clear that Americans as a nation primarily saw national defense, home defense, or security as requiring them to subdue or remove Indian tribes. Most of the Indian Wars involved relatively small-scale conflicts, none of which called for significant enlargement of the Armed Forces, although the United States did seek to establish a protective line of defense with forts, posts, and garrisons along its western fringes. The major wars—those that required mobilization of forces significantly larger than the existing standing army—were between the United States and foreign nations other than Indian nations. The Revolutionary War and the War of 1812 were both fought against the British expressly for the defense of the rights and freedoms of Americans. One can argue, as many pacifists would, that there were other ways to defend these rights. Nevertheless, Americans fought these wars in response to British attacks. In that sense, they can readily be considered “defensive” wars. It is not difficult to make the case that the militiamen of Concord and Lexington fought in defense of their homes, or if you accept the legitimacy of war under some circumstances, that the British occupation and burning of Washington, DC, justified a military response that was clearly in defense of the homeland. The justification for the War with Mexico was, and is, a hotly debated topic. Was it a war to defend the United States against an aggressive Mexican dictator who threatened the security of Americans on the border, or was it a war of conquest? President Polk would have it both ways. He had declared that under his administration the United States would extend its territory to the Pacific Ocean. Defeat of Santa Anna and his Mexican army made this possible. On the other hand, Polk would tell Congress that Mexican forces had fired first on the United States Army, making General Zachary Taylor’s military response a defense of the nation. The Civil War involved a variety of justifications and causes for war. It reaffirmed and heightened the revolutionary values of liberty and justice by seeking an end to the injustice of slavery. It was also, in a sense, a defensive war. Although both sides could be considered aggressors in the opening battle at Fort Sumter—the South in blockading the Fort, and the North in attempting to break the blockade—both sides clearly believed they were fighting in defense of their homeland. But for the North, at least, the Civil War became something more than defense of the Nation. With the Emancipation Proclamation, it became a moral cause for the abolition of slavery, which turned wavering European nations toward support of the North. It also gave a sense of moral fervor to Union troops to match the

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intensity of the Confederates, who were literally fighting to expel invaders from their homeland. The moral cause, the sense that some men would give their lives so that others might be free, was something new in war. In the Revolutionary War, soldiers fought for high moral principles, but it was for their own rights, not the rights of others. And so, with the Civil War the United States established the principle that war might be fought for more than conquest or defense of the homeland. War could be altruistic. It might be one more way in which the United States could fulfill Puritan John Winthrop’s wish that America would be “a city upon a hill,” a beacon of hope to the rest of the world. The idea that the United States fights wars not simply for defense of its homeland and the security of its citizens, but in order to secure justice and freedom for people everywhere, greatly complicates our ability to understand so many American wars after the Civil War. Is America’s national defense somehow tied to the freedom of those in other lands? It is one of the central questions of the Cold War. But it arises far earlier—in 1898, if not before. In hindsight, it is clear that the Spanish-American War had nothing to do with actual defense of the homeland. But is defense of American interests, or to establish American values in foreign lands legitimately “national defense?” More importantly, is defense of American economic or strategic interests abroad a reasonable definition of “national defense?” Long before the battleship the Maine exploded in Havana Harbor, the American press had been hounding the United States government to support revolutionaries in Cuba in their struggles against Spain. The United States had a moral obligation, they argued, to help liberate the Cuban people from Spanish oppression. They made it a moral crusade, although it is also important to understand the economic interests the United States had there as well. When President McKinley asked Congress for a declaration of war, it was to retaliate against Spain for sinking the Maine. But very quickly, as the United States sent its Armed Forces into Puerto Rico and the Philippines, the President justified war on the grounds that it would bring freedom and democracy to Cubans, Puerto Ricans, and Filipinos. Critics, however, then and now point out that economic self-interest was likely a major, if unspoken, factor in McKinley’s decision. It was, say the critics, the start of an American global empire. But if the United States was becoming a global empire or power, what then is the meaning of “national defense?” Does it then mean defense of the nation’s global interests anywhere in the world that they are threatened? What does “national security” mean if the well-being of some, or all, Americans depends upon the security of perceived American interests abroad? The altruistic and the imperial explanations are not mutually exclusive. One can argue, and many do, that U.S. military and economic power around

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the world protects not only Americans, but guarantees freedom and prosperity for millions in other lands. Others argue that the prosperity and freedom that American power secures for Americans is the cause of much conflict and poverty around the world, which may also make Americans more vulnerable. It is beyond the purpose of this book to debate this point, but we raise it simply in order to illustrate the difficulty of defining “national defense” and “national security” for the United States in the twentieth and twenty-first centuries. We face this difficulty in considering almost all of the wars in which the United States has fought since 1900. Critics of the War in Vietnam have questioned whether that war had anything to do with the defense or security of the United States. Transcripts of tape recordings from the White House of President Lyndon B. Johnson indicate that the President himself was unsure of this. On the other hand, both Johnson and President Richard M. Nixon frequently made public statements that American soldiers were giving their lives so that the Vietnamese could have freedom and democracy. These were noble public expressions that could obscure other purposes of the war, such as stopping the global spread of communism and helping the United States ultimately win the Cold War against the Soviet Union. Whether this constituted “defense” of the homeland, or an effective guarantee of national security, continues to be debated. National defense was clearly the issue in World War II following the Japanese attack on Pearl Harbor, and again in 2002 when the United States believed that Afghanistan harbored al-Qaeda and aided and abetted the attacks of September 11, 2001. It is not difficult to call these wars “defensive,” even if you believe they were unnecessary. Nevertheless, those who took the United States into those wars justified them in part on grounds they were defending the rights of citizens in other countries. See especially Donald Rumsfeld’s speech describing his visits with American soldiers in Afghanistan. Similarly, even though the intelligence turned out to be faulty, Congress approved the invasion of Iraq in 2003 on the grounds that its president, Saddam Hussein, had accumulated weapons of mass destruction. It can thus be called a war of national defense, in that it was intended to protect United States’ strategic and economic interests in the region. But the Bush Administration also justified it on altruistic bases, arguing that disarming, or eliminating, the regime of Saddam Hussein would help protect Israel. After the invasion turned into a lengthy war, the President and many Americans justified it as a campaign to bring freedom and democracy to the people of Iraq. Perhaps the strongest case for altruism or making the world safe for democracy as a motive for war can be made in the case of Bosnia, where President Bill Clinton intervened militarily in order to stop the so-called

is legitimately part of the defense of the United States. however. Skeptics charged that the real reason was to protect U. which could be called up to join with other militia in military campaigns that went beyond the immediate defense of the community. war and mobilization of the Armed Forces has been a constant for the United States in recent times and in times past. depending on a man’s health and physical abilities. The New England militia were the classic model. the European Union. or to protect perceived American interests abroad whatever they may be. because of the scattered nature of settlements authorities supplemented the militia with a small army of paid regulars. Mennonites. Nevertheless. while 45 or 50 might be an upper age limit. who in some cases were enrolled in militias. which Saddam Hussein had invaded. Similarly. in general. Bush justified the 1989 invasion of Iraq on the grounds that the United States needed to protect the smaller nation of Kuwait. As the early colonial documents show. nearly all able-bodied male members of a community were voluntarily or otherwise enrolled in the local militia. W. But there were important variations in the militia requirements of the various colonies. We must also consider which men authorities considered to be eligible members of the community. Pennsylvania exempted Quakers. . In addition. Most colonies had white indentured servants and African slaves. to make the world safe for democracy. HOW HAS THE NATION DRAWN UPON HUMAN RESOURCES AVAILABLE FOR MILITARY SERVICE? This question first requires that we consider what Americans considered appropriate human resources for military service at a given time in the nation’s history. Sixteen was a common age for the start of this military obligation. and Amish from militia duty because of their religious objections to war. This changed over time in each colony. Some degree of military mobilization and preparedness has been the norm since colonial times. and exempted men from militia duty if it would interfere with their tending to their farms or plantations. An important question to consider. oil interests in the Middle East.Citizen and Soldier • 217 “ethnic cleansing” among Christians and Muslims in that region.S. is what the citizen status of women was. the question remains whether protection of the supply of oil to the United States. then. but in most cases were not. In Virginia. International treaties and organizations such as NATO (the North Atlantic Treaty Organization). President George H. whose economy is highly dependent on oil. Even if true. membership in the militia signaled a man’s status as a free and independent member of the community—a citizen. SEATO (the Southeast Asia Treaty Organization) all factor into military responses to global situations or issues. Whether it be in reaction to attacks and for national defense.

Air Force. then. who is more than eighteen and less than fortyfive years of age. Navy. Navy. under the jurisdiction of Congress and the President. with the exception of naturalized citizens. The Dick Militia Act restates the obligations of male citizens in much the same terms as the rules for the early colonial militia: “[T]he militia shall consist of every ablebodied male citizen of the respective States. and the regular Army. Paid volunteers could be recruited into the regular army. It is the state militia or National Guard units that have the most direct link to the historical concept of the citizen soldier. is the connection between citizenship and those men and women who have served as volunteers in one of the United States’ Armed Forces? And what is the citizenship status of those who either refuse to serve. or those of foreign birth who have declared an intention to become citizens. or are prohibited from serving? These are the central concerns of the remaining questions. or. as was the case when a young George Washington led a regiment of “regulars” in a failed campaign against the French and Indians at Fort Duquesne (now Pittsburgh. Pennsylvania) in 1754. and every able-bodied male of foreign birth who has declared his intention to become a citizen. A similar mix of militiamen and volunteer “regulars” served under Washington in the Revolutionary War. . What. but giving the President the authority to call up the state militias for federal service to quell insurrections or repel invasions. with the state militia or National Guard under the jurisdiction of the states except when federalized by the President. the Armed Forces of the United States have retained this basic two-level system. the Selective Service laws of the twentieth century stated that ablebodied males of certain ages who are citizens of the United States. As we have seen. The U. the question of citizenship in relation to service has a more complicated history. Constitution would recognize this distinction between militias and the regular Army (and Navy). The United States Supreme Court has affirmed that Congress has the power to establish such a requirement. The Dick Militia Act in 1903 would restructure state militia as the National Guard.” For the regular Army. Territories. there is no standing principle that in the absence of an act of Congress. and Air Force. may be required to perform military service.218 • Citizen and Soldier Not all soldiers in either the colonial or early national periods were members of the militia. Other than that very significant change. citizenship necessarily entails military service. and the District of Columbia. giving Congress the authority to establish rules and regulations for the Armed Forces of the United States.S. However. in modern times.

First. service does the nation rightfully expect of its citizens? And. is the nation justified in commanding service from those who find particular wars. or all wars. liberties. in the 1970s. the speech of Daniel Webster against conscription at a time when the nation’s survival was in jeopardy and it seemed there were insufficient volunteers and militia to fight the war successfully. Congress has sometimes enacted a draft when the pool of volunteers for the regular Armed Forces has not been sufficient. Selective Service laws of the twentieth century attempted to rectify these issues of equity. . They were insufficient to persuade the United States Supreme Court to declare the Selective Service Act of 1917 unconstitutional. what. Witness the political fallout from General Hershey’s “Channeling Memorandum. It also raises questions of equity and fairness. For example. and parents from their children. Notwithstanding the Supreme Court’s rulings. AND OTHERS HAVE NOT? This question has several elements to it. . The Supreme Court dismissed this concern in the Rostker decision. The nation has never called this entire pool of men to service. or the Union law that permitted men of means to purchase substitutes. Recall. but many have questioned their success in these attempts. conscription raises profound questions about the personal rights. are there valid national defense reasons for excluding some citizens from military service? Is it morally acceptable for the nation to require men to fight in wars that violate their personal beliefs and values? Conversely. who has volunteered to serve. and compel them to fight the battles of any war.” He then asked: “Where is it written in the Constitution . He thought that military conscription would surrender “the most essential rights of personal liberty. that you may take children from their parents. who has had the right to serve? And third. such arguments proved powerless to stop either the Confederacy or the Union from enacting draft laws. Consider the provisions of the Confederate law that exempted men who owned 20 or more slaves. who has been required to perform military service? Second. Instead. men challenged the fairness of a draft law that did not apply equally to women. and freedoms of citizens.” Furthermore. however. and what were their motives? There are other ways to ask these questions. as Daniel Webster so eloquently pointed out. if any. in which the folly or the wickedness of Government may engage it?” By the time of the Civil War. Each draft law has been selective to some extent. to be immoral? Consider first that the nation’s laws have always included either explicitly or implicitly the principle that the potential military manpower of the nation consists of all able-bodied male citizens who are within prescribed age limits. This is the militia concept. spelling out in clear language the principle that Congress is justified in restricting .Citizen and Soldier • 219 WHY HAVE SOME CITIZENS SERVED.

The Supreme Court again struggled to balance First Amendment rights and national defense in the Seeger and Welsh cases. Even though women’s access to various jobs in the Armed Forces has broadened considerably. resulting in “the highest quality recruits since the all-volunteer force began in 1973. conscription raises knotty questions about religious freedom when it either requires men to serve in violation of their consciences. Yet. has been studied and discussed thoroughly. Note that the recession was good for recruitment and retention. tens of thousands joined the Union Army during the Civil War in order to fight against slavery. The “regulars” under George Washington’s command volunteered for a wide variety of reasons. Some were motivated by a strong commitment to the cause. At the same time. whatever their views on the morality of war. many women were demanding the right to enlist in all branches of the Armed Forces with access to the same occupational specialties as men. the question of “who serves when not all serve?” as one federal commission asked. (And. in 2010 military policy continued to restrict the assignments of women.” But the 2007 report of the Congressional Budget Office (CBO). or requires them to ground their objections to war in religious beliefs. benefits. They are people like Pat Tillman. and career opportunities they might not find in civilian job markets. In the absence of conscription this question becomes one of motivations. like Tillman. “The All-Volunteer Military: Issues and Performance. Why have men and women enlisted? Clearly this has changed with the times. even the Armies of the Civil War could not . were escaping from unpleasant domestic conditions. Some were former slaves hoping to prove their worthiness as men in the new democracy. Finally. or even because they needed the small pittance of allowance and pay received by soldiers. there are a myriad of motivations for individuals to enlist in the Armed Forces. just as other tens of thousands joined the Confederate Army to defend their homeland. who gave up a promising career in the National Football League to join the fight in Afghanistan. In the decades since the draft ended. Others joined because they sought adventure. There are always those who join because they believe in the immediate cause of any given military mission.” finds that the poor and minorities were not overrepresented. Consider then the several documents in Chapter 8 relating to recruitment and retention in the all-volunteer force during the first decade of the twenty-first century.) Surely. some become disillusioned with the cause once in battle. The Revolutionary War is an interesting comparison with today’s volunteer military. As in Washington’s time. The end of the draft in 1973 resolved these questions for the time being. even if many joined because of the excellent pay. Few would argue that these are ideal solutions.220 • Citizen and Soldier rights that would otherwise be guaranteed by the Constitution when national security is at stake.

and that permitting homosexuals to serve in the Armed Forces harms the . and we leave it for you. But what of the citizenship rights of those who refuse to serve when called. why should we be denied the privilege of voting? So there we have it both ways: the citizen as soldier. Mexican Americans. . If we are called upon to do military duty . . . a highly decorated combat veteran. . or unjustified on some other grounds? If so. the soldier as citizen. even attracted. Asian Americans. to ponder. This much is clear in the historical record. But what higher order of citizen is there than the soldier? . who are denied the right to serve. In considering this case. respected commander in the Army National Guard. the reader. Don’t Tell” policy argue that permitting openly gay or lesbian members to serve in the military undermines morale and esprit de corps to the detriment of the nation’s security. and he feels it his duty whether or not he feels passion for the particular cause. citing their military service as meriting the full benefits of citizenship. . To that kind of volunteer must be added first the recruit who joins simply because his country calls. As the “Colored Citizens of Nashville” wrote in 1865: Thousands of [our brethren] have already died in battle . it seems very likely that few of America’s wars could have been fought solely with volunteers who had joined out of passion for the specific cause of that war. and graduate of West Point was involuntarily discharged for announcing on TV that he was in a gay relationship. why does the nation apply a different standard to naturalized citizens who must swear to their willingness to fight for the country? If not. For the most disadvantaged in society. Commander Choi argues that his discharge violates his rights as a citizen of the United States. or those who are denied the opportunity to serve? The documents we have presented here do not offer a simple answer. Finally. military service has offered a living. for the sake of the Union. such as homosexuals. military service has long provided such a pathway. perhaps intoxicated by the danger. Daniel Choi. consider those. do they therefore forfeit their rights as citizens? And finally. and a pathway to upward mobility and a sense of purpose in life. . Although we cannot know for sure.Citizen and Soldier • 221 attract sufficient numbers without a draft. Next must be added those who are drawn to the excitement and adventure of war. and others—have a long history of fighting in America’s wars and then coming home and demanding equal rights as citizens. Native Americans. try assuming that both sides are correct—that Choi’s rights as a citizen have been violated. What does the nation owe to those who have served in its Armed Forces? Racial minorities—African Americans. This is the other side of the citizen-soldier equation. and we are ready and willing to sacrifice more. Does a naturalborn citizen of the United States have a right to refuse service in a war he or she believes to be immoral. The defenders of the “Don’t Ask.

Don’t Tell” policy. will remain. but as in times past the United States continues to rely primarily upon the volunteer citizen-soldier as its most important military resource. or a whole nation. It is very possible that by the time this book reaches its readers. They are not easy. and perhaps it is good that each successive generation of citizens of the United States has had to weigh these interests and answer these questions in light of the particular challenges of their time. .” But the opposing view would have it that the rights of any single individual should not be permitted to undermine the safety of a whole community. the security of our homes. At the beginning of the twenty-first century. the character of warfare is changing. The larger question of individual rights versus national security. Congress and the President will have repealed the “Don’t Ask.222 • Citizen and Soldier security of the nation. Benjamin Franklin famously wrote that “those who would give up a little liberty for a little security deserve neither. These are the competing interests that Americans have always had to consider when thinking about citizenship. military service. of which this is only a specific example. and defense of the nation.

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Long Gray Lines: The Southern Military School Tradition. Jr. The Devil We Knew: Americans and the Cold War. New York: Simon and Schuster/ Touchstone Books. and Eugene H. Harrisburg.. H. David. New York: Columbia University Press. 1990. DC: The Brookings Institution. Bernardo. Max. 1993. Clash of Wings: World War II in the Air. Walter J. 1919. The War with Germany: A Statistical Summary. Jr. Boot. New York: Oxford University Press. Citizen Soldiers: The U. New York: Touchstone. College Station: Texas A&M University Press.. Chapel Hill: University of North Carolina Press. Lexington: University of Kentucky Press. 1977.S. 1982. 1839–1915. 1974. Leonard P. 2004. Martin. Bacon. PA: Military Services Publishing. Anderson. 1993. ——. Rod. 1994. Roger and Martin Edmonds. War in the Next Decade. Women and the Military. Army from the Normandy Beaches to the Bulge to the Surrender of Germany.SUGGESTED READING Ambrose. Beaumont. CA: Hoover Institution Press. 2001. Martin. Stephen. 1993. 2004. Anderson. American Military Policy: Its Development Since 1775. Allan. with Darren J. Kiefer. Appy. Working Class War: American Combat Soldiers and Vietnam. with Barbara Honegger. Brands. Binkin. 1994. H. 2000. CT: Greenwood Press. New York: Doubleday. Into the Labyrinth: The United States and the Middle East. Bach. 1955. Andrews. ——. Joint Military Operations: A Short History. Washington. DC: Government Printing Office. Stanford. New York: Basic Books. and Shirley J. Boyne. New York: The Free Press. Pierson and Reynolds S. Chapel Hill: University of North Carolina Press. Berube. Washington. The Military Draft: Selected Readings on Conscription. Coming Out Under Fire: The History of Gay Men and Women in World War Two. W. Westport. Brands.. Jr. Beaumont. Roger. 1945–1993. New York: McGraw Hill. W. Joseph. 2002. The Savage Wars of Peace: Small Wars and the Rise of American Power. The Use of Force after the Cold War. Christian G. 1998. . The Columbia Guide to the Vietnam War. Lone Star Nation: How a Ragged Army of Volunteers Won the Battle for the Independence of Texas. Ayers.

S.. Morden. Clowse. Westport. New York: Free Press. Gross. 1981. Chapel Hill: University of North Carolina Press. PA: Herald Press. The Army’s Transition to the All-Volunteer Force. Jr. Foxholes and Color Lines: Desegregating the U. Oxford: Oxford University Press. Karston. New York: McGraw-Hill. CT: Greenwood Press. 1994. Steve. Estes. To Raise an Army: The Draft Comes to Modern America. Foreword by Gen. 1898–1941. and the Cold War. and Steven L. 1993. Albert. Millett. Washington. Gaddis. Flynn. Franke. Stoltzfus. ——. MD: Naval Institute Press. Keim. Fayetteville: University of Arkansas Press. and Professional Military Education. 1991. 1972. Peter. CT: Praeger. Albuquerque: University of New Mexico Press. Lawrence: University of Kansas Press. Mershon. Strategy to Defeat Japan. 1998. Citizenship Rites: Feminist Soldiers and Feminist Antimilitarists. 1965. Russia. Derthick. George. 2000. Chambers. MA: Harvard University Press. 1965. Dawson.S. New York: Greenwood Press. 1940–1973. Gatewood. and Grant M. 1976. Walter Guest. Army. The Minutemen and their World. 1945–1980. Reserve Officers Training Corps. Mariscal. 1988. Ilene. Army Historical Series. New York: R. Arlington. Doubler. The Late 19th Century U. Schlossman. Westport. George. 1968–1974. 1990. 2001. 1987. 1897–1945. The National Guard in Politics. 2nd edn. 1996. The Old Army: A Portrait of the American Army in Peacetime. 1865–1898: A Research Guide. and Peter Maslowski. Brainpower for the Cold War: The Sputnik Crises and National Defense Education Act of 1958. Cambridge. America. Willard B. 1994. 2005. Secret Service: Untold Stories of Lesbians in the Military. Gershick. Berkeley: University of California Press. The Regulars: The American Army. Walter. I Am the Guard: History of the Army National Guard. Edward S. The Face of Battle. John Garry. Ask and Tell: Gay and Lesbian Veterans Speak Out. The Draft. Holm. New York: The Free Press. Reconsiderations. . Los Angeles: Alyson Books. Annapolis. 1974. The Conscientious Objector. The Oxford Companion to American Military History. The United States and the End of the Cold War: Implications. 2007. Baltimore. “Smoked Yankees” and the Struggle for Empire: Letters from Negro Soldiers.S. Glatthaar. New York: Barnes & Noble Books. An Army for Empire: The United States Army in the Spanish American War. Robert A. Zsa Zsa. Lexington: University of Kentucky Press. For the Common Defense: A Military History of the United States. Scottsdale. Cambridge. Volker: Preparing for Peace: Military Identity: Value Orientations. MA: Belknap Press. Joseph T.228 • Suggested Reading Britten. MacCloskey. 1993. Joseph G. Provocations. 1990. 1987. 2000. Strong Hearts. 1898–1902. 1945–1978. 2004. War Plan ORANGE: The U. 1993. Feinman. Thomas A. Washington. Keegan. Martha. 1999. Aztlan and Vietnam: Chicano and Chicana Experiences of the War. Barbara B. Austin: University of Texas Press. The Citizen Soldier: The Plattsburg Training Camp Movement. John W. United States Army. John. Coffman. Michael D. Cosmas. Cambridge. DC: 1997. Allan. New York: Hill and Wang. 1999. Forged in Battle: The Civil War Alliance of Black Soldiers and White Officers. Edward M. 1999. New York: Garland Press. Kellogg. 7th edn. VA: Army National Guard. Rosen Press. Shippending. John L. Tom. The Women’s Army Corps. 1784–1898. Miller. Wounded Souls: Native American Veterans of the Vietnam War. Graham A. 1917–1955. 1986. Ed. New York: The Free Press. The Military in America: From the Colonial Era to the Present. Sherie. John Whiteclay II. LaFeber. 1999. New York: Oxford University Press. PA: White Mare Publishing Co. 1992. Robert K. ——. New York: The Free Press. Armed Forces. MD: Johns Hopkins University Press. Griffith. DC: Center of Military History. The Politics of Conscience: The Historic Peace Churches and America at War. Veasey. New York: New York University Press. Clifford. MA: Harvard University Press. American Indians in World War I: At Home and at War. 1972. Bettie J. 1913–1920.

Rostker. 2000. Perret. Odom. Geoffrey. Gender. Blacks in the Military: Essential Documents. All that We Can Be: Black Leadership and Racial Integration the Army Way. MD: University Press of America. 2006. Roosevelt. Military Service: A Reference Handbook. Santa Monica. 1992. Making Citizen-Soldiers: ROTC and the Ideology of American Military Service. Michael S. Moving Beyond G. MA: Harvard University Press. I Want You! The Evolution of the All-Volunteer Force. and the Colleges.S. Military. 1989. 1981. and Morris J. DC: Government Printing Office. Charles C. eds. Cambridge. Zeigler. 1999. The Report of the President’s Commission on an All-Volunteer Armed Force. 1990. A Country Made by War: From the Revolution to Vietnam—The Story of America’s Rise to Power. NY: Edwin Mellen Press. Washington. 1899–1913. Santa Barbara. Work or Fight! Race. 1974. Moskos. New York: Vintage Books. 2005. CA: RAND Corporation. Samuel K. and John Whiteclay Chambers II. Tan. Bernard C. War Machines: Transforming Technologies in the U. 1993.S. Wilmington. College Station: Texas A&M University Press. Charles C.. the Veterans. The New Conscientious Objection: From Sacred to Secular Resistance. 1999. Moy. New York: Macmillan. Pearlman. Watson. The Militia. Army Doctrine. MacGregor. and John Sibley Butler. William O.I.. Lost Battalions: The Great War and the Crisis of American Nationality. Olson. Shenk. David R. Recruiting for Uncle Sam: Citizenship and Military Manpower Policy. Lawrence: University Press of Kansas. Mark S. Gerald E. Whisker. New York: Scribner. Theodore. College Station: Texas A&M University Press. New York: Henry Holt and Company. Lanham. U. Sara L. Timothy. 2007. 1920–1940. After the Trenches: The Transformation of U. James B. Quezon City: University of the Philippines Press. New York: PalgraveMacmillan. Richard. 1996. 2002.. 2005. .Suggested Reading • 229 Moskos. Jane: Women and the U. Warmaking and American Democracy. Gunderson. Segal. Reprinted New York: De Capo Press. 1918–1939. and the Draft in World War I. 1990. Military. 2005.. Cynthia Ann. DE: Scholarly Resources Inc. New York: Basic Books.S. The GI Bill. 1950. and Gregory G. Nalty. Slotkin. 1902. New York: Oxford University Press. The Filipino-American War. Bernard. Kenneth W. The Rough Riders. Watson. Lewiston. Lexington: The University Press of Kentucky.S. Lawrence: University Press of Kansas. CA: ABC-Clio Press.. The War Department: Chief of Staff: Prewar Plans and Preparations. Michael. Neiberg. 2001. 1970.

Germany. 216. 163–164.INDEX Adams. 205. 2 American System of Education 35 Amish 9. 34 Arabic 163 Apache 55 Appropriations Act of 2008 19–204 Arapaho Conflict. 3 Arickaree Indians. 218. 170–171. 204–205. 12–13. See Cheyenne and Arapaho Conflict. 130. 60. Japan. 220 Allies 118. 171. 216–217 Andrews. 133. 159. 4th Texas Volunteers. 100–101. See also black soldiers. 42nd Division. Spiro T. 11. 221. 221 Austria 111 Axis Alliance 111 Baghdad 171 Balkans 162 Baltimore 35 Bao Dai 132 Bannock Indian War 3 Barbary pirates 34 Battle of Britain 111 Battle of New Orleans 35 Belgium 111 . 26th Division. Argonne Forest 98 Arizona 88 Articles of Confederation 1. V Corps. 60. Regular Army 99. 196–204. 1st Division. 5 Africa 162–163 Aguinaldo. 48 Annapolis 26. 69. 159. 98. Rod. 71st Volunteer Infantry. 2 Articles of Confederation 1 Asia 96. 1st Texas Volunteers. Argentina Intervention. Army Occupation: Berlin. 112. Jr. 161. John 34 Agnew. 4. 100 Asian Americans 112. 196–204. 205. 4. 133. Operation Enduring Freedom. 4. Emilio 62 Alabama 35 Alamo 39 Albania 111 All-Volunteer Army 142. I Corps. 161. 115. 162. Reserves 7. IV Corps. African slaves 217 Afghanistan 153. 160 Air Force 1. 98. 126. 220 All-Volunteer Military: Issues and Performance 174–180.128–129 Al-Qaeda 171. 220. 129. 143–144. 96. 216 American Expeditionary Force 98 American Revolution 1. 133.47. buffalo soldiers. 218 African Americans 9. 173–180. 20 Army 1.

Calvin 100 Columbus. 216 Colored Citizens of Nashville. W. 59. New Mexico 87 Comanche. 55. See Petition of Colored Citizens of Nashville. 160–161 Cayuse Indian War 2 Central America 162 Central Intelligence Agency (CIA) 132. Marine occupation. 129–130. 129. 128. 3 British occupation. intervention in Civil War 3. 171. 101. 62. James (Jimmy) Earl 153. George H. 42. Cherokee Revolt and Removal. 215. 2 Chesapeake 9 Cheyenne and Arapaho Conflict 2. 219 Constitution 1. Congress 26. Venustiano 86. 157. 40. 55. 216. See also Campaign against the Cheyenne. 220 Confederate government 40 Confiscation Acts 45 Conflict with Chili/Venezuela. Communist Party 161. 2 Crowder. 111 Clinton William J. 129. Custer. See Kiowa and Comanche Expedition. 56 Creek Indians 35. 6. 4 Chinese Service Medal 4 Chippewa Conflict 3 Choi. See Spokane. occupation 4. 22. 42 Confederacy 22. Marines intervene. 99. 216 Boxer Rebellion/China. 54. 40–41. Wall. 216 Coast Guard 1. See also Cuban Revolt 3. See also Buffalo Soldiers Blitzkrieg 111 Nicaragua: Occupation 3. 88 Civil War conscription: Union (1863) 43–45 Civilian Conservation Corps (CCC) 101. George Armstrong 55 Custer’s Last Stand 55 Czechoslovakia 111. 3. Nationalist Revolt. (Bill) 162–163. 161 Bull Run 40 Bush. Texas 87 Buckley. 216 Civil War 3. 61–62. 162. Marines Intervene 3 Bolivia: Army cocaine raid. Albert 59 Big Bend 55 Bleeding Kansas 2 Black Hawk War 2. 88 Carter. 214 Confederate Conscription Act 40. draft. 25–26. 155. 151. 161. Marines intervene 3. 129–130. Coolidge. 98. Reserve 115 Coeur d’Alene Conflict. 133. Creek Indian War. 213 black soldiers 62. 214 Brownsville. 4 Campaign against the Cheyenne 3 Campaigns Against Indians of far Northwest 3 Canada 129 Carolinas 35 Carranza. Cold War 6. 161 . 26. 31 Continental Army 20 Continental Congress 25 Corps of Cadets 54 Corps of Engineers 34 Corregidor 112 Cosmas. 59. 219. Daniel 221 Christians 62. 8. 54. 155. 216 Commander in Chief 26. 3. 171. 88. 218–219 conscientious objector 63. 5 Bonus army 100 Bosnia 162. 60 Concord 15. 96. 32. 180. 61. 40–48. 217 Bush. 159 Cambodia 4. 162. 132. George W. 163. 160 Chancellor of Germany 111 Channeling Manpower 134–136 Chateau-Thierry 98 Cheney. blockade. 219. Evacuation. 63. 215. 171. airlift. 4. 172. 130. 216 Butler. Enoch 88 Cuba 58. 138 conscription 36–39. Graham A. 196. Richard 172 Cherokee. Gail 62 Buddhist 133 Buffalo Soldiers 48 Bulgaria 128. 111–112. Chicamauga 62 Chief Joseph 55 Chief Victorio 54 Chiang Kai Chek 130 China 111. Coeur d’Alene and Paloos Conflict. Benjamin 45 California 2. 214. 128–129. 161 Beveridge. 5.Index • 231 Berlin 118. 63.

civil war 5. April 161 Glory 45 Goliad 39 Gonzales 39 Grant. Dwight D. Operation Uphold Democracy 5 Harding. 221–222 draft. 132 Franklin. 129. 62. 87. 58 Detail of Army Officers Act 54 Diaz. 5 Guam 59. Frederick 62 Gates. Ulysses S.232 • Index Daniel Webster on Conscription 36–39 Davis. 100. 196. Robert M. Havana Harbor. 147–150. 62 Hay. Great Britain. 101 Germany 88. 219. 59. Revolving and Management Funds. Don’t Tell. 215 Hawaii 59. 171. 208–210 gay. 2. Emancipation Proclamation 45. 151. Gordon 129 Great Britain 111. Don’t Ask. 4. 45 Drug Interdiction and Counter-Drug Activities. 69. 39 Farsi 163 Federalist 34 Fever River Expedition 2 Filipino 112. See also United Kingdom. 64–69. 111 GI Bill: See Serviceman’s Readjustment Act Gilbert Islands 112 Gilmore. 4. Marines intervene. 98.: All Services Meet or Exceed October Recruiting Goals (2009) 206–208 Glaspie. 129. 128–129. insurrectionists 62. 128. 101. 134. 40 Gray. Rumsfeld 181–187 England. Porfirio 86 Dick Militia Act 63. lottery. 134 Great Plains 213 Greece 4. 214 Emiliano Santiago v. riots. occupation 4. See also homosexual. 153–155. Equal Rights and Opportunities for Women in the Navy (1972) 145–147 Ethiopia 111 Europe 55. Don’t Tell 162–163. 128. James W. naval intervention. 132 El Salvador 5. 4. 221. 98. 163. 142. 21. Gerry J. 116. 112. 173. 98. and Battle of Santo Domingo. German 88. 196 Great Depression 100. 206. Sioux 3 Fannin. Indians in Washington Territory 3. 160 foreign nationals 9 Fort Davis 54 Fort Dix 159 Fort Duquesne 218 Fort Ord 159 Fort Sam Houston 54 Fort Stockton 54 Fort Sumter 214 Fortress Monroe. Defense 205 East Asia 130 East Germany 128. 111. veterans 112 First Laws of Virginia 9–11. 214 European Union 217 Executive Order 9981: Establishing the President’s Committee on Equality of Treatment and Opportunity in the Armed Forces 131–132 expedition against: California Indians. 3. 215. 129 Grenada: Operation Urgent Fury. 197–204 Depression of 1893. 172. 26. 222 French and Indian War 213 Funston. 4. Warren G. 15–19. intervention 3. 218 Dominican Republic 4. Marine occupation. William Henry 213–214 Havana 59. Guam occupation 3 Guatemala: intervention 4 Haiti: bombing 4. 213 Florida Indian War 2 Florida or Third Seminole War 2 Ford. Benjamin 9. Harry 116 Heatherly Indian Troubles 2 . 98. Jefferson 40 Declaration of Independence 10. Gerald R. Donald H. 130. Virginia 45 France 96. Appropriation Authorization Act (1974). 132 Declaration of War 88 Denmark 111 Department of Defense 163. Don’t Ask. 100 Harper’s Ferry 2 Harrison. 142. 161 Egypt 130 Eisenhower.

Wars of the Great Plains 54–55 Indochina 155 integration 130 International Monetary Fund. 54. 173 Kosovo 5. 163 Kuwait 161. Marshall. See also Morrill Land Grant College Act Latin America 100 Latinos 112. 221 Lexington 15. Hawaii 3. Sino-Japanese War 3. See El Salvador. 171–172. 155. 160–161. Operation Northern Watch 6 Islamic 160 Israel 130. 196 homosexual 162. China 5. 48 Johnson. 171–173. 159–161 Iraq 7. 48–54. 153. 36 Louisiana State Seminary of Learning and Military Academy 35 Louisiana State University 35. Honduras 4. 132. 142. 221. 155. Martin Luther 134 Kiowa and Comanche Expedition 3 Klamath and Salmon River Indian War 2 Khobar Tower 163 Korea 132. 196–204. 214 Liberia 5 Libya 155. 162 Honduras 3–5 Hong Kong 112 House of Representatives 36 Houston. Adolph 111–112. Indian Ocean 4. James 36 Maine USS 59. See also Channeling Manpower. 4 Indian Scouts 62 Indian Wars 2. 215 Makin 112 Malaya 112 Manchukuo 111 Manchuria 111. 6. Sam 39 Hungary 129–130. 155. 132 Jefferson. martial law 35 Maryland 160 . 160–161. 163. 161 LeFevre Indian War 2 lesbian 116. 216–217 Iceland 129 Idaho 55 Illinois Indians 1 immigrants 1 indentured servants 1. 217 Kyrgyzstan 205 Lafitte. Reserves 115. 161 Hussein. and Russo-Japanese War 3. Conduct Policy. 161. See women. 129 Marshall Plan 129 Marti Revolt. 118 Ho Chi Minh 132 Homeland security 10. 161–162. Lewis B.Index • 233 Hershey. See Native Americans and specific tribes. Naval air invasion 5. John F. 216–217. Lyndon B. 133 Kentucky 35 Kickapoo 54 King. 129 Manilla 62 Mao Tse-tung 130 Marine Corps 1. 130 Madison. Iraqi Freedom 6. 213–214 Jamestown 8 Japan 111. 204. 163. Lusitania 86 Luxembourg 129 MacArthur. Beirut 161. 157. 126–130. Naval air attacks 5 Libyan area 5 Lincoln. Saddam. Andrew 35. 98. 216 Kazakhstan 205 Kennedy. 150–151. 86. 134–136. 142. 157. 171. Abraham 45 Los Angeles 116 Louisiana 35. 213. 216 Italy 111. Dominican Republic 4. Zaire 6–7 Marinettes 98. Korea 4. Thomas 34. 9 Indiana 59 Indians. Jean 35 Land Grant Colleges 35. 3. 129 Jackson. Iran. 213. 157 Iran 4. Service 4 Korean War 4. 163. 126 Laws of the Duke of York 13 Laws of Virginia 9–11 League of Nations 111 Lebanon 5. Hiroshima 118 Hitler. George C. 5. Douglas 100.

155. 162. Military Police 4. black soldiers. 88 New Orleans 35–36. Trieste 4 Negroes. 218. 180. 221 National Forces 42. Resistance. 63. 49–54. Asiatic Squadron 61. Shah Reza 160 Pakistan 205 Palestine Liberation Organization 161 Palo Alto 40 Panama 4–5.234 • Index Massachusetts 9. 101. 130. 35. 205. 36. 1862 35. 217–219. 99. 151. 155. 39–40. 116 Nez Perce 55. The Militia. 96. Revolution 4. 69. and See specific wars or battles. 112 Mississippi 35 Mississippi River 36 Missouri 2 Mobile. 216–217 Mescalero Apaches 54 Mexican Americans 221 Mexico 86–88. Articles of Confederation. 217 North Korea 130 North Vietnam. 12. 56. 1792 military engagements 1–5. 71–86. See African Americans. 213 National Socialist (NAZI) 111 Nationalist China 130 Native Americans 1. 15. and the Constitution of the United States. Buffalo Soldiers. 163. 61–62. 28. 129 Norwich Academy 35 Norwich. Marines Intervene 3. 48. Barack Hussein 162. Alabama 36. 171 Midway 112 militia 9. 217 New Mexico 2. 45 Navajo: Expedition 3. 62 Modoc Indian War/California and Oregon 3 Morden. 1643. 159. 86. 156. Alvaro 86 Officers Reserve Corps (ORC) 86 Officer Training School (OTS) 99 Operation Desert Shield 161 Operation Northern Watch 5 Operation Iraqi Freedom 5 Oregon 62. Territory 2. 54–55. Militia. 187. 45 Massachusetts Institute of Technology (MIT) 100 Mattachine Society 116 Mayaguez Operation 4 Mayflower Compact 6 McKinley. 173. 58–60. 109. 31. 86. 12–13. See Vietnam. Richard M. Sixth Fleet 5. 218. 101. 117. Mohammad 160 Muslim 62. 171–172. General strike 4 . Benito 111 Nagasaki 118 National Guard 1. Border Conflicts 3. Bettie J. 126. 98–99. 214 Packenham. 40. 173. 36. 15. 70. Occupation 4 Nixon. 204 Mossaddeqh. 163. 216 North Atlantic Treaty Organization (NATO) 129. Norway 111. 27–28. 31–32. General Strike 4. 215 McNamara. Naval and Marine interventions 4. Just Cause 5. 214 Mexico City 40 Middle East 160–16. Marines Intervene 3. Netherlands 111. 196–205. Berlin 4. 11–12. 7. (1920) 99 National Football League 220 National Guard 58–59. 212 Obregon. 221 National Defense Act (1916) 70. 96. Sir Edward 35 Pahlavi. 48. William 59. 45 New York 36. Germany 4. Indian War 2. 129 New Deal 100 New England 60. 112. military establishment 129 Military Reconstruction 3 Mindanao 62. War 2. 3 Organization of Petroleum Exporting Countries (OPEC) 157. 115 Morrill Land Grant College Act. Military Service. Occupation: Austria 4. Indian War 3 Ngo Dinh Diem 132 Nicaragua: Intervention 3. See also Uniform Militia Act. Vermont 35 Obama. 216 Mussolini. 142. 160 Osage Indian War 2 Osama bin Laden 163 Outer Mongolia 129 Pacific Ocean 55. 133. Robert 133 Mennonites 9. 2 Navy 198.

161 Polk. 133. 128. 62 Santa Anna. 15. 187–196 Powell. 162. Franklin D. 215. 54 Rogue River Indian War/ Oregon Territory 2 Roman Catholic 133 Romania 161 Roosevelt. George 100 Pawnee expedition 2 peacetime draft 4 Pearl Harbor 112. 215. 63. Goldberg (1981) 153–155. Winfield Scott 61 Scotsmen 12 Scott. 213–215. Desert Thunder 5. 99. Reserves 7. 129. Colin 171 Public Health Service 118 Puerto Rico 59–62. 134 Roosevelt. Sulu Balikatan operations 5. Russo-Japanese War. John J. 214 Porto Rico Regiment 61. Earnest Will 5. James K. 218. See also Soviet Union. Pennsylvania 218 Plattsburgh Movement 70. Philippine Scouts 62–63 Pilgrims 6 Pitt River Expedition/California 2 Pittsburg. 216–217 Quarles. 48 Patton. 112. Joseph 59 Quakers 9. 112. Ronald 161 Republic of Texas 39 Resaca de la Palma 40 Reserve Officer Training Corps (ROTC) 86. Benjamin 13 Racial Segregation 119 Rangers 55. Southern Watch 5. 4.S. Theodore 88 Rostker v. New York 70 Poland 128. 14. 216 Russia 128–129. 63 Portugal 129 Post 9/11 Veterans Education Assistance Act of 2008. 172. Charter of Privileges (1701) 13–14 Pentagon 163 Peoria Indian War 2 Pequot War 213 Pershing. Vigilant Sentinel 5 Petition of the Colored Citizens of Nashville 47. 62. Ready-Reserves 173 Revolutionary War 8. 130. 173. air cover 5. 61 San Antonio. 196. 133. 14. Donald 164–170. 216 Pecos Expedition 3 Peking 111 Penn. 180. Battle of 39 San Juan Hill 61 Santiago 60. Desert Fox 5. Armed Forces” 164–170 . 116 San Jacinto. 220 Rio Grande 40. See also Morrill Land Grant College Act. 54 San Francisco 62. See also Porto Rico Regiment Pulitzer. William T. Alden 35.Index • 235 Pancho Villa: border incursions 4 Paris Peace Agreements 147 Partridge. Winfield 40 Sea Islands of South Carolina 45 secession 3 Second Confiscation Act (1862) 46–47 Second Seminole War 2 Second War Powers Act (1942) 112 Secretary Rumsfeld Speaks on “21st Century Transformation of U. Regiment 61. Hugh 89 Scott. 214 Santiago. Antonio López de 39. See Korea. Mihiel 98 Sakhalin Island 129 Samson. Emiliano 180–187 Satellite surveillance 171 Sauk & Fox Indian War 2 Saudi Arabia 163 Schley. Rwanda: Operation Distance Runner 5 Sabine Disturbance/Louisiana 2 St. 181–187. Occupation 3. 9. 221 Philippines 59. Texas 39. See also Texas Rangers Ready-Reserves 172 Reagan. 87 Persian Gulf 155. Intercept 5. 219 Rough Riders 60 Rumsfeld. independence rebellion 4. See also Filipino. interventions against Bolsheviks 4. 155. 100–101. 98–100. William 9 Pennsylvania 2. Huk Rebellion.

118. Tariff of 1894 58 USS Constitution 55 Valeriano Weyler 59 Veterans Administration 118 . 214 Tecumseh/Indian Wars of Indiana Territory 2 Tennessee 35 Texas 63. induction (1917–1947) 118. 88. West Point Unmanned Aerial Vehicles (UAV) 171 Universal military training 8. Harry S. See Florida Indian War. 218. 109. 220 United States Military Academy. 216.S. Coeur d’Alene and Paloos Conflict 3 Student Army Training Corps (SATC) 99 student deferments 138 Sudetenland 111 Sulu Archipelago 62 Summary of the Report of the Presidential Commission on an All-Volunteer Armed Force (1970) 143–144 Supreme Court 138–142. Texas and New Mexico Territory Indian War 2. 160. Secretary of Defense Robert M. 112. Sixth Fleet 5 slaves 8 smart bombs 171 Smith. Southeast Asia Treaty Organization (SEATO) 217 Southwest Asia: Desert Shield/Desert Storm 5 Soviet Union 112. See also Wounded Knee. 173. 63. Act of 1940 100–109. 171 Tampa 60. Somalia: Operation Restore Hope 5 Soissons 98 South Korea 130 South Vietnam. 39–40. John 8 Smith. Channeling Manpower 134–136. See also Russia.236 • Index Secretary of War 42 Secretary of Defense 129. 101. 56. Spain 58. 204. See also Civil War. Rangers 40. 142. Indian Wars 2. Selective Service System: Present Operations of the System and Local Draft Boards 136–138. 100. 219. 218–220 Tajikistan 205 Taliban 163.219. 129–132 Turkey 4 Turkmenistan 205 Twin Towers 163 typhoid 60–61 Uniform Militia Act (1792) 29–31 Union 22. induction (1948–1973) 152. revolt from Mexico 2. 132. Thompson Act (1937) 100 Tillman. 220. 153–154. 88. Act of 1917. Seeger 138–142. 215 Spokane. 62 Tarawa 112 Taylor. 58. 89–96. Zachary 40. 205. 215 Spanish-American War 3. “America’s Greatest Asset 208–210 Selective Service 63. Gates. Army 45. 220. 1944) 109. Samuel 35 Snake Indians. See Winna’s Expedition. See Vietnam. 155. Southwest 55 Southeast Asia 162. Pat 220 Toledo War 28 Total Force Policy Act (1973) 151 Treaty of Guadalupe Hidalgo 40 Treaty of Versailles 99 Tripoli 1 Truman. See Annapolis. 99–100. 161. 54. 88 University of California 100 University of Illinois 100 U. 119–125. A&M University 54. 204. 129. Third Seminole War. 128–129. 204 Shanghai 111 Shay’s Rebellion 2 Singapore 112 Sino-Japanese War 3 Sioux Indian Conflict 2. Union Army 45. 220 Union Conscription Acts 42–45 United Kingdom 196 United Nations Security Council 161 United States v. Regulations 96 Seminole War 2 Semper Paratus-Always Ready (SPARS) 115 Serviceman’s Readjustment Act (GI Bill.

Leonard 62. 220. 34. See LeFevre Indian War women 1. War with Northwest Territory Indians 2 War with Tripoli 2 Warsaw Alliance 161 Washington 62 Washington. 219 Weeks Act (1935) 101 Welsh v. 116. 173 World War II 4. 159. William H. Sentiments on a Peace.: Equal Rights for Women in the Navy. 40. 70. 111. 116. 163. 62–63. 142. Pancho 86 Virgin Islands 5 Virginia 217. 218. 35 Winthrop. 6. 69. 9. 99. North Vietnam 133. 62.Index • 237 Veterans Educational Assistance Act. 216. See also All-Volunteer Army. 100. R. 171. 59–60. See Post 9/11 Veterans Educational Assistance Act. South Vietnam 133. 99. against Serbs in Dalmatia 4 Yuma. 157. 214 Washington. 1972 145–147 . 116. 162–163. Arizona 87 Zaire (Congo) 5 Zapata. 171. 130. Wake Island 112 War of 1812 2. United States 142 West Point 21. Veterans Against the War 133 Vietminh 132 Villa. 171. Emiliano 86 Zimmerman. 157. 213 Wyoming Valley War. 145–147. 109. Viet Cong 155 Vietnam 4. 155. 115. Texas. All-Volunteer military. Republic of Vietnam 132. 101. See Mexico. 221 Wichita Expedition 3 Wilson. 171. 155. Laws of Virginia 9–11 Virginia Company 8 Vo Nguyen Giap 132 Virginia Polytechnic Instiutute 54 volunteers 20. Democratic Republic of Vietnam 132. Arthur 88 Zumwalt. E. 98. Jr. 219 Women Accepted for Volunteer Emergency Service (WAVES) 115 Women’s Army Auxiliary Corps (WAAC) 115 Women’s Army Corps (WAC) 115 Wood. 217. 128–130. 88 World 59 World Bank 157 World Trade Center 163 World Trade Organization 157 World War I 4. 98–99. 214 War against Arickaree Indians 2 War against Filipino Resistance 3 War Department 62. 132. 6. 216 Wounded Knee/Expedition Against Sioux 3. 173. 204. Pennsylvania 2 Yakima Expedition 2 yellow press 59 Yugoslavia 129. 173. Woodrow 86–89 Winder. Daniel 36–39. 118 War in Muslim Mindanao-Philippines 3 War of 1812 35 War with Mexico.C. 171. 150. John 215 Winna’s Expedition Against Snake Indians 2 Winnebago expedition 2. D. George 21. 155. 6. 147. 22–25 Washington Naval Conference 99 Watergate 160 Webster.

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