U.S. Congress Establishes the Army

Context

Following ratification of the Constitution in 1788 and the convening of the First Congress in New York City, the federal government operated under a document that explicitly granted Congress the power to raise and support armies while placing the president as commander in chief. The preceding Articles of Confederation had left the nation with only a small force of infantry and artillery units inherited from the Continental Army, but many Americans remained wary of permanent professional soldiers after the Revolutionary War experience. Persistent conflicts with Native American tribes on the frontier, however, exposed the limitations of relying solely on state militias for consistent defense.

What Happened

President George Washington, concerned about national security, wrote to Congress on August 7, 1789, stressing the need to place the existing troops on a constitutional footing. Lawmakers, preoccupied with organizing the new government and selecting a permanent capital, delayed action until the final day of the session. On September 29, 1789, after reconciling Senate amendments, both houses passed “An act to recognize and adapt to the Constitution of the United States, the establishment of the troops raised under the resolves of the United States in Congress assembled, and for other purposes therein mentioned.” The legislation affirmed the existing regiment of infantry and battalion of artillery—roughly 800 men—set pay scales, required oaths of allegiance to the Constitution, and authorized the president to call forth militia when necessary. Washington signed the measure the same day.

Aftermath

The act provided the first statutory basis for a national military establishment under the Constitution, replacing the ad hoc arrangements of the Confederation era. It enabled the small force to operate with federal authority for frontier protection while preserving congressional oversight of funding and organization.

Legacy

This legislation established enduring precedents for civilian control of the military, the distinction between regular forces and militia, and the constitutional process for raising armies. It laid the groundwork for the professional United States Army that expanded through later conflicts and reforms, shaping American defense policy for generations.