Evening star. [volume] (Washington, D.C.) 1854-1972, 1874-11-12
Important Decision af the Attorney
ll-nHHnl

The STATES NO BIGar To SILL UNITED
STATES ARMS DlsTRIBUTBD TO the Nj.
LITIA.
The question submitted by the Secretary Of
war, whether uDIeT existing laws the ri sbts of
property in the arms issned for arming the mi
lltla Of the United Ststes is vested in the state
authorities, with power to dispose of them bv
sale or Otherwise, without accounting to the
nlted STatt Wa su u9gCsted by Ia cts connected
with the quota Of arms One under the statute
relating To the arming Of the militia of the sta e
Of virginia It appears that the governor o.
mat state made re1liSiflOn nrOn the chief Of
ordnance for about 2307 rSv0 Vrrs, to be drawn
gs a portion Ut said quota. TO meet those regus-
stors The latter officer in july last gave 10 an
agent OF she state CE Gefs upon To Re- manufactures
'oE that nun Der CT re.olvers, Il he delivered
" thIn short period thersaf er. Upon recejvin.
these orders the agent, acting upon the dIUsc-
uous OF the governor, prOcee 20 New York
aDd IL behalf CT the state entered into eortF,ct>
with certain parties for camp eGuipase. 1t wa
agreed that tie contractors should receive III
payment for the camp sQaipAge furnished the
STATE nnoeT Che contracts al ASH nment Of af2Ta-
ssid orders, snd that the delivery OF the arms
by the manufactures should be made accord
EnEiy 10 theIt. But the chief OF Ordu sncs hay-
ing Information of this transaction. nDd CON
csiyirg that the right Of tn state to make such
disposition OF tie arms intended for the militia
thereof " as not entirely free from doubt, di-
rected that the delivery OF the revOlyers ia said
order be withheld until that point is decided.
The determination of that point has been
thought 10 depend on the solution of the aues-
uCp referred TO tho Attorney General. fter
quoting the laws in force which provide for the
furnishing of arms TO ths militia or the general
govCrrmeDt, as contained in vagiOls sections OF
the revised sta utes, the Attorney General SAYS:
"IE no one OF the sections advertei to is there
any provision which expressly vests the prop-
eTty IN the arms after their Distribution q tie
states. absolutely, nor do i find anything there
in upon which such change of ownership re-
suits by necessary implication" For the pur-
pose OF getting at the intent and meaning OF the
existing laws with reference TO that point, the
Attorney General Tecuss TO the earlier legisla
ton or the subject of armirg the militia, par
hculaIly TO that part OF IL from
which the provisions OF the re
vised statutes have been taken. and
after a tull review of the various acts o.
Congress from July GJh, 17aS, down to the pres
ent time, concludes that in cou%emplation O.
those provisions the arms trans nitted ID the
stat tEeIeuuder are tn be held by them for a
specibc purpose only which Is pCinfed out there
IN, inat lucy become, rictiy speaking, inter
estsd with nothing more than qualified prop-
ert, IN such arms, and that they cannot as 4
IA after ct right and without thereby interfering
"llh regulations OF Congress on \ subject Over
"hlcb It's authority A. necessarily paramount
make any disposition or uss OF such arms 9hIcr
defeats the purpose referred f., though, n this
9 or q be done, fhero would seem - bt no rene
dy Wifhout further Legislation by Congress: and
tbe Official opinion j. that the stats 10
cot by the existing laws have 'sthe
rgDt O. property II the arms s-ued
Ttr aTmtng II" militia" if an absolute rr.4t
OF property Il tber" meant. and that they ds-
rive 10 authority under those laws % sci! Of d.-
ose OF such arms II their pleasure. IN regard
TO the actual case presented. which Concerns :
part of the quota of arms due the state of Vir-
gina, | may add that tho disposition # the p
yolyers heFeiubefore mentioned recently sought
70 be made bv the authority OF the state would
clearly have been uGwaFranted bY existing laws
OF Congress on the subject OF arm!ng the mill
ma The arms cannot ne indefinitely withheld
from the state, the statute requiring them not
only to be annually distributed, but to be trans
mitted to il by the officers Of the general gov
erumeLt.