Nashville union and dispatch. [volume] (Nashville, Tenn.) 1866-1868, 1868-08-26
THE MILITIA.
The Constitution and che Law on the
Subject.

THE MILITIA. at
The Constitution and the Law on the
subject.
A gentleman OF careful research has
kindly compiled and furnished us the
following important resume of the Con-
stitutiOn and law on the subject of the
militia -
Constitution Of the United States, Ar
ticle !, Section 10. "No State shall, with
out the consent Of Congress, keep troops
or ships of war in time of peace,
y unless actually invaded, or in
such imminent danger as will not admit of
delay" . cd a .s-ls..
Article l, Section s. Congress shall
have power to provide for call
ing forth the militia TO execute the laws of
Union, suppress instructions and repel
invasions." Ito provide for organizing
armingand 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 au-
thority of training the militia according to
the discipline prescribed by Congress- 81.
Article 2, Section 2. ''The President
shall be the commander in-chief of the
army and navy Of the United States, and
of the militia Of the several States, when
called into actual service of the United
States. .a'f. sA ..
Act of Congress of 1892 on militia, =
See Brightley's Digest page 6l9 Of vol
ume Sec. !. each and every free,
able-bodied white male citizen of the re-
spective States, residents therein, who is, or
shall be Of the age of eighteen, and under
the age of forty-Gve years, shall be en-
rolled in the militia" etc. ..l
Act of Congress of 1875: Section II,
Brightley's Digest, page 621-2 " In case of
an instruction in any State, against the
government thereof, it shall be lawful for
the President Of the United States. on APP
pllcation Of the Legislature Of such State,
or of the Executive, when the Legislature
cannot be convened), 70. call forth such
number Of the militia Of any other State
or States az may be applied for" etc.
Section IS. Whenever the laws of the
United States shall be opposed, or the ex-
ecution thereof obstructed, in any State,
by combinations too powerful TO be sup
pressed by the ordinary course Of judicial
proceedings, or by The powers vested in the
Marshal in this act, itshalI be lawful for
the President of the United States to call
forth the militia of such State" etc.
Section 20. "The militia employed in
the service of the United States shall be
subject to the same rules and articles of
war as the troops of the United States"
During the war the Congress enabled the
President of the United States, in the en-
rolement Of the militia, to include all able
bodied male citizens, between the ages of
eighteen and forty-fve. See Brightley's
Digest, vol. II, page 300: Act of 1862, Sec
ton /. But the power of calling out the
militia, without regard to color, was only
given to the President Of the United States.
The State Legislatures cannot constitu-
tutionally provide for the enrolment of
any other than white persons, AS required
by Act of 1892, which, as to the States, is
still in force See Brightley's Digest, vol.
II, page 800; Am. l.. K. 167-172. See
also Law Rep, %, page ATT.