The record-union., 1898-05-04
THE FEDERAL GOVERNMENT AND
THE MILITIA

In the minds of a good many citizens
there, is still confusion of understand
ing concerning the relation of the Ma
tional Guard of the States to the Fed
eral Government, and the power of the
latter over the guard and the militia.
Many inquiries have been made of the
Record Union" upon this subject, and
not long ago in these columns the. whole
remains some misunderstanding, due to
incorrect statements by members of the
press here and there.
The subject is not at all complicated
The militia of the country consists of
all able bodied male citizens between
the ages of Is and 45. This militia is
the reserve force of the United States
as a Federal power, and under the Con-
stitution of the United States Congress
has the power to call it into the service
of the Federal Government.
The conventional method is, when the
Government needs any part of this re-
serve force to notify the several States
of the quota of men each must fur
nish, whereupon lists are opened for
volunteers. If the State does not fill
its quota, or if a State refuses to act
in filling the call, the Federal Govern
ment has the constitutional power to
use its own agents in securing the SER
vice of the militiamen, and this may be
by conscription as has been done here
tofore.
Now, there is another body of the re-
serve force, but within the former body,
known as the organized militia, latterly
as the National Guard. This body is
purely State organization, and con-
sists Of such militiamen as voluntarily
form themselves into companies under
State-not Federal laws, and these
companies and groups Of companies
formed into battalions, regiments and
brigades, and even divisions, are purely
Of State origin.
The State supports them, legislates
over them, commissions their officers
disciplines them, and has the power to
call them into the field within the State
lines, or even to cross a State line, if
the stress of battle or resistance Of in
vasion demand. The Federal Govern
ment encourages the States to make
these formations, by furnishing them
arms, sending trained officers to in
struct them, and otherwise, but it has
no power over them whatever They
are subject only to the call of the
State and to the command of its officers
authorized by State laws
When the Federal Government calls
upon State for troops for its service
the State may tender it's National
Guard, as organized, but the men being
enlisted only for State service cannot
be compelled to go without the State
to serve the Federal or any other pow
er, save as above indicated
But if they do not volunteer to go
they can be taken under compulsion by
conscription, but as unorganized mill
tiamen. not as National Guardsmen. In
the former form they lose their char
acter of guardsmen. Whenever State
troops. organized or unorganized mill
tia, enter the service of the Government
voluntarily or by conscription they are
subject to the command of the Presi-
dent of the United States, as he is their
Commander-in-C Chief. But as guards
men, when organized under State laws,
they may not be commanded or ordered
out by the President.
The present confusion arises probably
out of the fact that the Federal Gov
ernment, having called upon the States
for quotas of men, has expressed the
wish, which is a command, that the
quota be flied by volunteers, and that
these shall be accepted first from
among National Guardsmen, because OF
the experience they are assumed to
have as State troops. That is the long
and the short of the whole matter.
rrr- zrATTER OF INTERVENTION.