Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1859-12-29

The MILITIA LAws-A VETo FROM THE
OBSERVATION-DISCLOSURES Banks having satisfied
himself that state legislature has no constitu-
tional right to enrol colored men in the militia
vetoed that amendment of the militia laws of
the commonwealth by which the word "white"
was omitted. On hearing his reasons, the
House sustained the veto. The word "white"
was restored, by vote of LAG to 46. The
Governors argument is thatpower to organize
the militia having been granted to Congress
by the federal constitution, that matter is
beyond the control of state legislatures His
veto covered the whole revision of the statutes
because all the chapters went to him together,
as one bid. He says in support of his objec-
ton to the change by which the enrolment of
colored men in the militia would he unau-
thorized:
"The power to provide for organizing, arm
ing and disciplining the militia, and for gov
erning such part of them as may be employed
in the service of the United States, reserving
to the states respectively the appointment Of
officers and the training of the militia according
to the discipline prescribed by Congress" is
federal government, in the first article, eighth
section Of the Constitution of the United
States.
The power granted in express terms to the
federal government by this section of the con-
stitution is that of organizing arming and
disciplining the militia - that reserved to the
states is the appointment of officers and the
authority of training the militia according to
the discipline prescribed by Congress-"
The power to organize includes that of de-
termining what classes of persons shall be so
organized and this has been determined by
an act of Congress approved May 8, 1892, en-.
titled Gan act more etfectually to provide for
the mutual defence, by establishing an uni
form militia throughout the United States"
The persons who, by these provisions of the
constitution and legislature of the United
States, are to be organized, armed, and disc-
plined as an uniform militia throughout the
United States, are leach and every free able
bodied white male citizen of the respective
states, resident therein, who is or shall be of
the age OF eighteen years and under the age of
forty-fve years" 1t is not in my judgment
withnthe power of the legislature TO change
this basis of enrolment, or enlarge or diminish
the classes or men embraced in this organization
of the militia.
1t is no sufficient answer to say that, in
changing the phraseology of the statute of the
United States in the enactment of our own
militia laws, we still leaye public officers, in
the enrolment of the militia, to follow the
laws of the United States, without committing
the people Of this to a recognition of dstinc-
tons between men that are not acceptable,
The militia is a national institution
In all that pertains to organization, arming.
and disciplining the militia our laws are but a
republication OF the laws of the United States,
for the information and instruction of the citi.
zens OF this state and if in this republication
we mlsrepresent the law, we lead them into
innumerable and remedies difficulties and
constantly embarrass the administration of orr
laws. Still less is it to be urged. that assrn-
ing recent decision Of the Supreme Conf nj
the United States to be rash, that certain nor.
sons are not citizens, and therefore their excli.
sion need not be expressed or implied in orr
re-enactment Of the militia laws. The statutes
OF the commonwealth are yet free from tic
most distant recognition of the doctrines q
that decision, and trust may forever SO re
main"
While the matter was before him. he con
suited the Attorney General and the Suprem,
Court, and both sustained his view Of III,
matter. The opinion of the court is signed b,
Judges Shaw, BigeIow, Metcalf, Merrick, anc
Hoar Their arguments come to the follow
ing conclusions
1--WE are therefore of opinion that the Leg