Militia

The Militia comprised all males physically capable of acting in concert for the common defense. 'A body of citizens enrolled for military discipline.' And further, that ordinarily when called for service these men were expected to appear bearing arms supplied by themselves and of the kind in common use at the time.

A body of persons enlisted and trained to military duty, but not kept in service, being subject only to service on call, as in case of invasion, insurrection, or riot. 94 111. 120.

A part. of the military force of the nation, consisting of citizens called forth to execute the laws of the Union, suppress insurrection, and repel invasion. The militia is essentially the people’s army and their defence and security in time of peace; City of Salina v. Blaksley, 72 Kan. 230, 83 Pac. 619, 3 L. R. A. (N. S.) 168, 115 Am. SL Rep. 196. The constitution of the United States provides on this subject that congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel Invasions; to provide for organizing, arming, and disciplining the militia, and for governing such part of it as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress. In accordance with the provisions of the constitution, congress, in 1792, act of May 8, passed an act relating to the militia., Under its provisions the militia could be used for the suppression of rebellion as well as of insurrection; R. S. § 1642; Texas v. White, 7 Wall. (U. S.) 700, 19 L. Ed. 227; Kneedlcr v. Lane, 46 Pa. 238. The president was to Judge when the exigency had arisen which requires the militia to be called out; Martin V. Mott, 12 Wheat. (U. S.) 19, 6 L. fed. 537. He may make his request directly to the executive of the state, or by an order directed to any subordinate officer of the state militia; Moore v. Houston, 3 S. & R. (Pa.) 169; as provided by R. S. § 1642; and see Martin V. Mott, 12 Wheat (U. S.) 19, 6 L. Ed. 537. Under the act of congress of January 21, 1903, the militia “shall consist of every ablebodied male citizen and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes: The organized militia, known at the “National Quard” of the state, etc., and the remaineludes government officers and a large number of governmental employees, and also those who are exempt by state laws, and members of any “well-recognized” religious sect or organization whose religious convictions are opposed to war, etc. Whenever the United States is invaded or in danger of Invasion from any foreign nation, or of rebellion against its authority, or tie president is unable, with the regular force, to execute the laws of the Union, he may call forth such number of the militia as he may deem necessary and Issue his orders for that purpose through the governor of the respective state, etc., to such officers of the militia as he may think proper. (The act of May 27, 1908, limited the period of service to not exceeding nine months, and provided that the orders shall be issued through the governor of the state, etc.) The president may specify In his call the period of service and the militia shall continue to serve during such period, either within or without the United States, unless sooner relieved. In case of a call, the organized militia shall be called Into service in advance of any volunteer forces it may be determined to raise. When the militia of more than one state is called into service, the president may, in his discretion, apportion them among the states, etc. When called into actual service, they are subject to the same rules and articles of war as the regular troops. They are entitled to the benefits of pension laws in existence at the time of service, and, in case of death, the same benefit is extended to widows and children. The militia, until mustered into the United States service. Is considered as a state force; Moore v. Houston, 3 S. & R. (Pa.) 169; Houston v. Moore, 5 Wheat (U. S.) 1, 5 L. Ed. 19. See 1 Kent 262; Story, Const §§ 1194^1210. See generally Dunne v. People, 94 111. 123, 34 Am. Rep. 213; Presser v. Illinois, 116 U. S. 267, 6 Sup. Ct 580, 29 L. Ed. 615; Mini- TART Law; Mabtial Law.

Military service; the national soldiery of a country, as distinguished from the standing army, consisting of able-bodied male inhabitants of a prescribed age, whd are enrolled, for discipline, but for active service only on emergent occasions, as in case of insurrection or invasion.

Thebody of soldiers ina state enrolled for discipline, but not engaged in actual service except in emergencies, as distinguished from regular troops or a standing army.

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.

The forces available for the defence of a state or of the nation, consisting of citizens called into military service for the time being. The constitution of the United States provides, on this subject, that congress shall have power to provide for calling forth the militia to execute the laws of the union, suppress insurrections, and repel invasions; to provide for organizing, arming, and disciplining the militia, and for governing such part of them as maybe employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress. The various states have their respective laws for the organization and government of their respective militia; and congress has legislated comprehensively on the subject in title 16 of the revised statutes.