The herald., 1894-12-09
eanized, as each separate body is, under


ganized, as each separate body is, under
state laws, supported out OF the state
treasuries. commanded by officers COM
missioned by state executive, liable to
the call OF local authorities for duty,
subject to the juriadiction OF state courts,
and controlled by state Legislatures,
they are essentially state, not national,
militia, bv whatever name known or
designated. That they are supplied
with arms, equipments and ampuni-
tion BY the United States, under acts Of
congress. does not altar their legal
status nor stamp them with, federal
characteristics.
Under the constitution and laws OF
the United States there 10 no national
militia, and under existing laws there
can be none until state militia be legally
States, under the call of the president,
presa insurrsctions or Yepsl iuvasions. !"
militia autedate the constitution; the
militia forces long prior to the fprma-
lations of these organizations to the ma
established In shs very beginning OF the
nations existence, and have. 90 far a.
federal law is concerned, remained un-
changed to this day In all their leading
features.
This militia, the militia" Of the CON-
stitution, 10 the whole Rrms. bearing
population of the several states. liable
to military duty, whether organized or
unorganized. uniformed or ununiiormed,
active or inactive.
The powers OF congress over the
militia are fixed by the following clause
of the constitution: "Congress shall
have power to provide for organizing,
arming and disciplining the militia, and
for governing such part of them as may
be employed in the service Of the United
States, reaerving to the stateh respect
lively the appointment Of the officers
and the authority Of training the mill.
tia according to the discipline pre-
scribed BY congress-"
Corrslative provisions appear in the
constitutions of all the states Of the
union. The constitution Of California,
for instance. ordains that "the legisla-
ture shall provide BY law for organizing
and disoiplining the militia, in such
manner % II may deem expedient, not
incompatible with the constitution and
laws of the United 6tates."
The federal and state jurisdictions
over the militia are correlative, and
must harmonize. State lave regarding
whenever they conflict with federal law !;
but the state has q concurrent right
with the government OF the United
N q bn In ~
over the militia. The powers OF con-
armament and discipline seem to be un-
offering and training the militia re-
served by the constitution to the states
"a right which cannot be suspended or
interfered with by any act of congress.
OF course, when once in the service OF
the United States the character OF the
militia changes from state to national;
the state loses control; they are gov
erned by the articles OF war, and the
president OF the United States becomes
their commander>in chief.
Militia change their character from
state to national militia whom called
into the service OF the United States.
and not till then. Service is the crite-
rion Of national militia. The federal
relations OF the militia have been clearly
defined by the supreme court Of the
United States in the leading cases OF
Houston vs.. Moore, s Wheaton, 20;
Martin vs.. Mott, IL Wheaton. 10; and
Preeser VS.. Illinois, I16 U. S.. 252.
The imperative need of the times is
the reorganization of the militia upon
broad national lines; Welding OF the
various state forces together into one
homogeneous system governed by ma
tional law, and the superintendent Of the
force among the several states in proper
tion to population. 30 that each state
will maintain no more and no less than
its juet proportion of the military forces
OF the union.