President George Washington directed Henry Knox, Secretary of War to devise a plan to use the state militias in war and national crisis. Knox's efforts resulted in an act to "more effectively provide for the national defense by establishing uniform militia throughout the states."

Militia Act 1792

The act passed in two phases. The first passed 2 May 1792 gave the President authority to call out the militias of the several states "whenever the United States shall be invaded, or be in imminent danger of invasion from any foreign nation or Indian tribe." The President was also authorized to call forth the militia "whenever the laws of the United States shall be opposed or the execution thereof obstructed in any states, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by powers vested in the marshals by this act."

Congress passed the second part of the act on 8 May 1792; President Washington did not sign the second act until 28 Februasry 1795. The second act dealt with recruitmen, organization, ranks, company organization and training. All eligible males eighteen to forty-five were enlisted into the local company in his place of residence. Captains of companies were required to enroll all such men upon reaching their eighteenth year. His non-commissioned officers (NCOs) went door to door with forms annoucing the men eligible to report for duty. Failure to appear or refusal to do duty, resulted in a fine. If a man was unable to pay, the constable or marshal would jail the offender for ten days. The act directed states how to organize the militia into divisions, brigades, regiments, and companies were organized, the number of officers and NCO authorized to a company, staff officers and NCOs for regiments, and the number of staff officers authorized to a brigade and division.