, 1880-02-08

he States, unless IL Is 0IsaHl1ou1 a "SAA7
vgulated militia is decided to be
1EcEssARY TO TIE SECURITY OF a FREE
STATE
.ha militia il the dormant force upon which
bth the National and State Governments
lily to execute the laws, suppress lnsutrec-
tns, and repel invasions."
The case OF Houston VS.. Moore, Whea-
II, i, is cited By the Court as an authority,
Swing that Congress has not executive
pver over the militia MAn ALL me ;n;aggs laagss
1.-THE proposition that, when Congress has
p.e acted within the limits Of the power
Cnted in the Constitution, its laws for OF
E;izing, armIng, and disciplining the nh
iii are supreme, and all interfering Tegu-
la,ns adopted By the states are tnus ,e sus-
pded, and for the same reasons all rcpug.-
na legislation is unconstit tutionaL That
pr.iple applies only when Congress has as
su.d control over the militia under its grant
ed1wefs, and does not initiate against the
coiruction of uniformity given to the Con
stiiioD By Kent and ether writers. It IS
onl repugnant and interfering State leels--
lati that must give way to the paramount
layof Congress, The cases that support
thiDctrine are numerous and OF the high
est thpIity.'' Houston rs. Moore. S Whea-
ton; Sturgis IS. Crownshield, Wheaton,
Statvs- Cruikshank, % United States, 5i2;;
Sui : Dallas, SIS; IS ! Kent Com,
265, ST.. In reply to the principal argument
nadal he other branch OF the case under
conshra{on. that the Illinois Militia act is
RErGSAIT TO THE LAWS OF CONGRESS,
hn Cart taiews the enactment, section by
sestsol azA:ays that wherein it is 1epugnant
TleWslrleal n some OF the most important
pfoFlshps p.regulations found ia the State
laW whith AeoWer Court insisted conhicted
Nllh mt tcs of Congress, and for
inoperaSe ot afaSe -; sndersd the [s} Mn9e tis ass
1epugnances. LEGGED to exist are
all to be founlinhese sections which relate
70 me organizs6oof the State militia when
organized TOT SAteurposes, and not to those
sections which rdae to the entire body. Of
INTO e ahe 5e1es aSe q ta nnitea yaSa a 'aise se
ond, the acts of Confess prescribe essential
IL different regulahG for the organization
Of the United States 1iItia whencalled into
actual service, and forhe organzation for
ae4 geen enaet e. sts.e be- aSor o Many Of e TIE
mandato m s '0fnfh Third aA IRE aRRea1s ,dt t. fe n
actual scfv,ce the act o2g7s ggNs provides e the
militia Of each State shalbe Arranged into
divisions, brigades, aud .regiment bat
tie States pay direct, Fouih, non-essntfaI
differences in the regulationsas to the filitia
not in the actual service OF NE Union con-
tained in the State law with acs Of Conress
will not, under the former be yaid. It no
that It does not require the entire a1ilih Of
the State to be enrolled as active rnffia.
Counsel do not wish to be understod
as claiming that no militia law is valid uness
It provides that each and every male inllb-
liant Of the specihed age should be at il
NaF1A ord n141
drilling and maneuyeTing, but the suggestfQ
made is that the preference Of military serS
Ice in times OF peace
CANNOT BE LEGALLY CONFINED TO 4 SELECT
CORPS,
consisting Of a limited number of volunteers,
to the exclusion of all other able bodied male
residents of the State The argument ad-
it is a matter dependent on the wisdom
Of Congress when it will provide for
arming and disciplining the entire BODY of
the militia Of the United States Second,
the citizen IS not entitled under any Law,
STATE STATE & Or Federal; to demand IS q matter Of
Third, it is with the Legislative Judgment as
to what number the actual militia Of the
State shall consist Of, depending on the e1i-
gency that makes such organization nacessa-
II Congress, among which it Is said the
law fixes the numerical strength of
company at number different from the act
II Congress in respect to the number OF men
illat shall compose company. The Ian
company may consist Of sixty four priyates,'
but it is not made imperative. The same may
be said as to the omission In the State law to
provide for the appointment Of aMajo Gen
eral. Such an officer might find no appro-
PIRATE position in the actual militia of the
dent upon the State Executive for
the militia for. actual service, it is
made the duty Of the Executive to organize
he whole body Of the militia, or such por-
Jon as the President may direct, in con
.or1nity with TIE acts Of Congress In that
shall have from sixty-four to eighty-two
,rivates.. In the complete organization Of
he militia, such as the Executive Of the State
$ authorized to make on the requisihon OF
he President or otherwise, a MajorEeneral
%no6er Is sd o eones f.
rHE oR0AEHAT1oN OF THE REGULAR ARMY
or the militia. Exactly what counsel means
II wishes us to understand By the use Of the
ToTa 'oTganizati0n,' We may not compTe-
lend fully. II 1t is meant that it shall be the
Of Iegiment, battalion, or com
conflict with the act Of Congress Of 1872, for
t provides that that may be done as the Leg
stature Of the State may direct; but, If the
discipline and exercises to be enforced and
deserved in the State militia Is meant, then It
nay be noted that the act Of 1870 provides the
ystem of discipline and field exercise which
hat is ordered be observed in the different
orps OF Infantry, artlllery, and riflemen of
be regular army shall also be observed in
uch corps respectively Of the militia. There
no repugnancy between the act Of Con-
ress and the State Law in this respect, but
HERE Is ANOTHER VIEW THAT MAY BE
TAKEN.
he act of Congress provides that the militia
hen called to the actual service of the
|nited States shall be subject to the same
lies and articles of wear as the regular |
oops Of the United States. The active |
lilitia Of the State is simply reserve force |
lat the Executive Is authorized by the Com |
tuition to call to his aid in case Of q sudden |
nergency to execute the laws, suppress In |
lrreetion, and repel invasion, and it Is most |
robahle it was the design Of the General As |
1nbly to make the National Guards organi- /
;tiOn. equipment, and discipline the same as !
e militia when in the actual service Of the |
nited States as being the most effective. In |
ther view, no such repu gnance Is perceived |
tween the State and Federal legislation in |
lis respect as would render the former In
.lid.'
An OBJECTION BROADER IN IT'S SCOPE
an either Of those noted is referred to and
Scnssed By the C0urtn8mely: that the act
e militia organized under the statute comes