Militia

Soldiers enrolled for discipline, and not for other military service except in times of insurrection, invasion, and perhaps of riot. " The Congress shall have power...

— To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurr^tions and repel Invasions;

— 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, reserving to the States respectively, the Appointment of the Of Bcers, and the Authority of training the Militia according to the discipline prescribed by Congress." * ' Exp. Milligan, 4 Wall. 141-42, 123 (1866), Chase. C. J., and Wayne, Swayne, and Miller, JJ., dissenting. " See R. S. Tit. XIV, XV, XVI.

2 Martin v. Mott, 12 Wheat. 28 (1827). * United States v. Oark, 31 F. E. 710 (1887), Brown, J.; s. c. 26 Am. Law Reg. 703-9 (1887), cases.

This provision authorizes Congress to delegate to the President the power to call out the militia for the purposes named, and to make his decision conclusive as to the necessity for the call.' The militia are " a body of armed citizens trained to military duty, who may be called out in certain cases, but may not be kept on service like standing armies, in times of peace." That is the case as to the active militia of the State. The men comprising it come from the body of the militia, and when not engaged at stated periods in drilling and other exercises, return to their usual vocations, as is usual with militia, and are subject to call when the public exigencies demand it... The word " troops " conveys the idea of an armed body of soldiers whose sole occupation is war or service, answering to the regular army. The organization of the active militia bears no likeness to such a body of men. It is simply a domestic force as distinguished from the regular troops, and is only liable to be called into service when the exigencies of the State make itnecessary.^ The act of Congress of May 2, 1792, is the first leg islation relating to the militia. Under it, and its supplements, the militia can be used to suppress rebellion against the national government. The President, who., as seen, is to judge of the exigency, may address his request either to the governor of the State or to an oflcer of the militia. In actual service, the militia are subject to the same rules as the regular troops The President specifies the term of service, which may not exceed nine months.' The right volimtary to associate together as a military company or organization, and to drill or to parade with arms, without, and independent of, an act o£ Congress or a law of the State authorizing the same, is not an attribute of national citizenship. Military organization and military driU and parade under arms are subjects especially under the control of the government of each country. They cannot be claimed as a right independent of law. Under our political system they are subject to the regulation and control of the State and Federal governments, acting in due regard to their respective prerogatives and powers.' See Mob. MIIiE. See Adulterate; ^ Oleomahqaeinb; Peddler.