The sun. [volume] (New York [N.Y.]) 1833-1916, 1882-05-28
The Militia Bill.

The recent defeat In the House OF the bill
for improving the militia may properly iIn-
press its advocates with the need Of 80 mod
flying its provisions before the next presen-
tadon Of it as to remove the objections which
have just been successfully urged against it.
The trainers Of the bill evidently thought
they must provide some sort Of return to the
Government for the larger annual militia ap-
preparation which they asked; and they
put this proposed return in the form Of
what seemed to some members dangerous
facilities for the Presidents summoning a
great army into the field without the con-
sent OF Congress The section on which this
objection was chiefly based is the twentieth,
which reads as follows:
"SRcTIoS 20 That the President of the Omitted States
order the whole any part Of the active militia
OF any State Territory active duty for period
exceeding twelve during war or an in aston
or apIr-hended invasion. by foreign enemy Indian
tribe, instruction rebellion gainst Const
tuition and laws OF the United States upon inmi
nent danger Of either, any occasion in which
the execution Of the laws may DO INSTRUCTED by
bnatons and forces too strong to be by the
civil authorities IN the ordinary course of law. and to
issue his orders for that purpose such officers Of the
active militia he may think proper and the said
force when ordered duty shall from the time
such order issued be subject the rules and articles
VI and to the regulations OF the army and shall,
for all purposes whatsoever be. and shah be considered
In the actual service of the Cnited States"
The bill, in its second and third sections,
had divided all able-bodied male citizens be-
tween IS and As years OF age into two classes,
one to be called the active militia, OF the
national guard, consisting OF the regularly
uniformed and enlisted troops now existing
or hereafter to be organized, while the re-
mainder, or main body Of these citizens,
should be known as the inactive or reserve
militia The alarm raised was that the
President could, under the provisions OF this
BILL order out for a year, at his own discre-
ton, what would be substantially a regular
army increased to perhaps two hundred
thousand men.
Again, the fourth section Of the bill con-
tains the following clause:
&" Provided rrher That when ordered on active duty
by the President Of the United States the national guard
may be organized by him into brigsies and divisions
the pubhe interest may in his opinion require; and he
may assign and designate the commanders of such
brigAdes and divisions"
1t was naturally pointed out that section
OF article l. OF the Constitution, in comforting
on Congress the power "to provide for or
ganizing, arming, and disciplining the mill
tic, and for governing such part of them as
may be employed in the service OF the United
States" expressly and Immediately adds the
words, reserpiog 10 tht States respectively
The appointment Of the officers" yet in the
fourth section OF the bill just quoted there
was seeming violation OF this provision, by
giving the assignment of brigade and divis-
ion officers TO the President.
Whatever the answer which the advocates
OF the bill may have had ready for the latter
objection, they did not have chance TO pre-
sent 1t, as the pending motion was one to
suspend the rules and pass the bill and in
this doubtful state Of the case and in the
lack Of ii debate, the bill was defeated by a
vote Of l3s nays 70 O. yeas, 92 not voting.
The proposed law was obviously intended
TO be subject, and would have been subject
50 far as legally operative, to that provision
OF the Constitution which declares that the
President shall, ION the application OF the
Legislature OF Il State, or OF the Governor
when the Legislature is not in session."
assist the State authorities 10 enforce the
laws. An existing statute provides
that the President may order out the
militia for nine months; and what the new
bill was apparently designed to do was TO ex-
tend this time 10 twelve months. So the mill
tia are now mustered into the service OF the
United States by regiments or companies, as
the case may he. and not by brlGadeS or d.