of the Legislature or of the executive (when the
Legislature cannot be convened), against domes
tic violence.
Amendment, Art. 11. A well regulated militia
being necessary to the security of a free State,
the right of the people to keep and bear arms shall
not be infringed.
Under the old articles of confederation before
the Constitution was adopted, Congress could de
clare war but could not raise armies. All they
could do was to agree upon the number of land
forces and make requisitions from each State for
quota. This system was totally inadequate. This
provision gave the power to raise and support ar
mies during peace as well as in war. At the time
the Constitution was formed there was a small
standing army, and the organization has since
been continued. By Act of Congress in 1866,
the regular army was to consist of five regiments
of artillery, ten of cavalry and forty-five of infan
try. Since 1866 the army has been greatly re
duced. In IS7I it consisted of 30,000 men, and
in 1874, 25,000 men. The constitution forbade
the appropriating of money to the support of the
army for more than two years at a time —or the
life of one Congress—thus keeping the control in
the hands of the people. Congress usually makes
the appropriation every year. No State is per.
rnitted to interfere with the general government
in the matter of how armies shall be raised, the
age, period of service, compensation, ect.
Rules for the government and regulation of the
army which the Constitution gives to Congression
al authority to make, must not be such as are incon
sistent with the proper authority of the President,
upon whom the position of Commander-in-Chief
has been conferred by the Constitution. There
are 128 articles or rules of war. It was under the
power granted in Clause 12, Sec. 8, above quoted,
and Clause 13 in relation to the navy that the
great armies of the late war were raised and main
tained.
In 1863, Congress passed the enrollment act,
which includes in the national forces all able-bod-
THE FREE LANCE
ied male citizens of the United States, and all who
have declared their intentions to become citizens,
between the ages of 20 and 45 years, with certain
exceptions,
As to Art. I, Sec. 8, Clause 15, above quoted,
we may say the militia consists of those persons
who, under the law, are liable to perform military
duty, and who enrolled and officered so as to be
ready for service when called upon. They are
State forces until actually called into the service
of the Union. Congress may confer upon the
President the power to call them forth, and this
makes him the exclusive judge when the exigency
has arisen for the exercise of the authority. The
President may make his call directly upon the Ex
ecutive of the State or upon the militia officers.
Congress has as full control over the militia as
o\er the regular army for the purposes stated.
The act to establish a uniform militia was passed
in 1792.- In 1795 Congress conferred upon the
President power to call out the militia for the pur
poses named in Clause 15. This law is still in
force. In 1862 other laws with reference to the
militia were passed. The enrolling of the militia
is practically left to the States, but the President
may provide for it if the States neglect it. While
in active service at the call of the President, they
are paid the same as the regular troops, and sub
ject to the same rules. They may be required to
engage in active service not more than nine
months in the year. The President has called out
the militia on three occasions, in 1794 a call on
the governors of New Jersey, Pennsylvania, Mary
land and Virginia, the time of the whisky insur
rection in Western Pennsylvania, in 1812 to re
pel invasion, and in the Civil War (three calls) to
suppress insurrection. The President alone is to
decide when the emergency demands a call, and
his decision is conclusive.
By the 16th clause it will be seen that to the
State is reserved specially but two powers in this
regard, viz.: the right of officering and training,
the militia. The intent of Art. 1, Sec. Clause 2,
as quoted, is that the whole question of peace and