The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-09-16
The Militia Commusstioa and FtAs
SWiadIo.
TO rHs EDITOR OF THE HxRAl

states 10 compelled 20 pay either the Communication as
sessment or militia fine imposed by the laws Of this ssac,
when, In this State, such militia s entirely without or
SAnraon, and not enrolled as the laws Of inc
United States let understand and consider
shs question somewhat The constitution Of the United
States reads lhus-
The Congress shall power TO provide for organizing
ing and dsciplinng the militia, reseryihg 70 IL
states respectively the appoiutm Mt OF the officers
And the authority Of uaning lbe militia LooIdns W 'o
discipline prescribed BY Congress and 70 MAKE an avs
which fhgll b neressary and proper ior carrying MO
execution the foregoing powers
Tne appointment Of the officers beng thereby reserved
10 the respective states the constitution o. this State do
o,ares that
Militia officers shall be chosep appointed az follows
0actaps pupaterns and commiss officers shall
- chosen nv written Of the members Of the
spectve companies Field officers OF r~gimenta by the
written the commissioned officers Of the respec
Ave regiments, &c
no obedience TO the Constitution OF the United States,
cougr So act OF Nay 1884, ITO provide for the
ssoaal defence, BY establishing an uniform militia
throughout he United States" has directed that
Each and every white male citizen between tho age.
OF eighteen and forty hve Except Ia therein exoeptad
shall the militia oy the captaia Of the com
pany within whose bounds such citizen shall resife,
and that 1t shall oe the DUTY Of ouch captain To
soty such CIT Of their said enrolment, by proper
notice may be proved. That the militia of the
spoctve States shall be arranged dvsoas nrgades
skAll consist q sixty four privates rha tho saii
militia be Offered BY respective states AZ FOL
bws, specify ing the number and grade q officers 70
cAch division, brigade, regiment ana company
This also directs thai The said militia shat Do rnus-
tered and trained" These prescribed provisions Of Con
ess certainly binding upon the several sstes and
~ legislative enactmenta repud thereof IN OPP
pnson thereto must fa In exercising authority over
persons who by The Laws Of the United States
10 constitute the national or compulsory militia
IN the State Of Nex York, previous 70 the "act
10 provide for the enrolment Of the militia and
70 encourage The Asmation OF uniformed com.
paaies" passed Msy Is. ls46), the compulsory
or ratonA militia Of this State were, under
Drmer statutes, enrolled, notified, organized, mustered
md disciplined throughout In strict conformity with the
laws Of Congress- and differed BY the written votes
Of the members thereof agreeable 70 the constitution Of
This state.
This Of 1916 abrogSted in this State the compulsory
militia system prescribed by Congress- and substituted IN
stead radically different. This and all subsequent
statutes provide for organizing offering and dlcpn
ing q volunteer State force only.
The general law Of 1854, In force, provides for d.
vding state into military districts and for complete
organization Of volunteer State military force but for
enrolment " those persons Liable 10 military duty
by the laws OF the United states who disposed 10
become members Of this volunteer State force which enrol
ent 70 be made by the instead Of "by cap
and III zee persons so enrolled are charged with
military tar Of 80 cents for the benefit Of this
volunteer State force 10 DO collected NJ the time and
snsnner a. taxes are collected No provision therein
made for either "orgsnizng," /" offcerng,n or for
ing training persons, noincd upon
the several States by the said of Congress II will
ako be observed that this Communication provision In
opposition 10 section l. article IL Of the constitution OF
chs state which declares the militia OF this State
shan. Al all times hereafter be armed and disciplined,
and 10 readiness for ssrvice.o
The special lac OF 1855 commonly known by military
men a. he Cocks IN relation to the First division
and Fnln 6rigaae" (Which include the counties Of New
York and Richmond and the sole ooject OF which is
provide ectGaly than does the general law OF 1851
or the dscpnng q the volunteer state roe within
aivsion dstric), offers somewhat from this general
with regard the enrolment OF the national militia
Sections A. and provide that Gan persons liable to
military duiy by the laws Of the United states who are
members OF any uniformed company, aud not
enpi,d from military auty by the Laws Of this state
oi the United states shall be enrolled and commanded
By the captain OF the company district In which they
side /" instead Of being enrolled by the asscssors,
the general law This would be In accordance with tho
h~s Of Congress, 30 far a. relates 10 the enrolment,
provided bose pcrsons we're organized INTO divisions,
br ades regiments and companies and such companies
wore commanded by captains dry elected by 1.-THE
members hereof with the constitution
Of this state but such not The those per
rolled b. any ltary CAPITA Whatever as viii
presently show: "aad al such persons Rnsl constitute
In aprt 0fncl Tor iyci) militia aud a. suih
shall ~ attached (nUg organized Into div sions brgafes
aSr) % the volunteer militia company within whoso
company district they shall respectively reside SC
tuns D. aud 10 provide for annual sham muster n
those persons separate and apart from any muster = tho
Rsr, by payiug annual Communication tay 81 seycniy
ave ccnt 10 pc collected received by the CoessOr 81
taxes sefore this annual parade, they sha be exempt
frou pcarng Al such muster and irnm performing any
military duty during said year otherwise they are re-
auec 70 - appear. else ray Ono q three dolars
u ~ here shown thai tbs equally A deficient a. the
geuerai las ffcm the FACT that ID DOES provide
sucn organization ~ The compulsory militia AZ s On.
ored BY Congress and even dscarts such mandate
Nov this dividing the state ato division, bri.
rde, reFimcnta and company districts cannot be con.
rrued INTO "a organization o. military bodies. f1s
49, - hN
q BY captains duly elected; tee imposing
tiOn oOmpromse, the attach thoee persons who
yo,untssr SAL militia and Thereby making ihoae com
panics consist % from 300 70 600 prvates uSead q
'sxiy -FOUR al seem not o1ly opposed 70 Bat y be
and are therefore destitute q power And further tho
SorcuE those rersous liable " militia duty by the laws o.
the United slates 70 submit 20 the commands q cap
tAns elected exclusively BY the members o. volunteer
oompah handful 10 comparsou), pay either
commusaou or nne Tor the benent o. sucn CO sspau
clearly violation Of their constitutional rights "
"ehoosc BY her written votes The ctnoers BY whom
they shall be commanded ms being 50, No odcer Of
the volunteer militia have tie constitutional right "
authority any other than the volunteer mi
liia. BY whom they arc elected TO oiicc.
II order 20 authorize legal enforcement Of this com
mutation tax or enc upon tboee persons who are 70
constitute the national militia, they must D.
sctaAly enrolled ~ The oApiain" Nd rot
ned thereof by the 200 commissioned odioer ''of
the oompany,5 and also "orrAnized," and each
company 20 consist q SIXTY four privaios =
ali AZ directed by Congress there must be 90 sham
about a. Under the provision Of the constitution o. THIS
state valid warrant DC issued Tor the collection 81
sDch ue except BY coones chosen by the written votes
Of The commits oned officers q regiments duly organized
and constituted the uaiiona militia Tue issuing VI such
warrants by colonies elected exclusively by resimeniai
officers q the volunteer militia evidently MAKES thosc
colonies, well Tie marshal who enicrces such war
ranu. Liable 10 action therefor IN our civil courts
do Dot htstate a. s0eri that All AVS ~ this state
since ard Including the act ~ 1870 - far AZ they relate
% the compulsory militia. have no vitality, ard shoui b
recogulxed 0ny attempt - egAlxe petty robbsry
IA the share 81 either ccmmutaton tax o. oue Tor
henea ~ The volunteer force but which force
does the fli benedi thertby contemplate
ell describe thc manror Of enrolling The ration
n militia throughout TIC Grst division district which vii
show cot ouly violaton o. The Urted States AVS u
tbs respect but sso the law Of this state IN relation -
tbc hrNi dvmou and ann b. gndcn The Division Bard
o. c eAhch consists ~ the command AT Of division,
Brigade ana regiments II thM volunteer state tnrce-
contFACt yearly vita Itrsou with whom they
can Aree " do AL The enrolling u tho compulsory
militia ard TO Dotioos q enrolment IN al
conpaag dstrcts b Which Ne may be appointed Tor that
purgose By the captain q be volunteer company Va
xhosc company t2uct thasr Wh' 70 b. enrolled and
notified RAY rside, Ald also % bsc9ut the mArSha sud
collector q nocs n duty VI earolu9 which ue Gag