816 



MILITIA. 



nent danger of invasion from any foreign nation or 

 Indian tribe, tlif president is authorized to call forth 

 such number of the militia of the state or states most 

 oiiivmu'iit to the scene of action as he may judge 

 necessary. In case of any insurrection in any state 

 against the state government, he may, on application 

 from the legislature of such state (or from the exe- 

 t-iitive, when the legislature cannot be convened) 

 call forth such number of the militia of any other 

 state or states as may be applied for, or as he may 

 judge necessary to suppress the insurrection. So, 

 whenever the laws of the United States are opposed 

 in any state by combinations too powerful to be sup- 

 pressed by the ordinary course of judicial proceed- 

 ings, or by the powers vested in the marshals, the 

 president may call forth the militia of such state, or 

 any other state, to suppress them, and may continue 

 the militia in service for thirty days after the com- 

 mencement of the next session of congress. During 

 the last war with Great Britain, it was provided, by 

 an act which expired with the war, that, when the 

 militia were in pay of the United States, and acting 

 in conjunction with the regular troops of the United 

 States, they were to be governed by the rules and 

 articles of war in like manner with the regular 

 forces, and subject to be tried by courts martial, 

 these courts martial, however, to be composed of 

 militia officers. It was also provided that the mili- 

 tia, when called into the service of the United States, 

 might, if the president of the United States was of 

 opinion that the public interest required it, be com- 

 pelled to serve for a term not exceeding six months 

 in any year. The sum of 200,000 dollars is appro- 

 priated annually for the purpose of providing arms 

 and equipments for the whole body of the militia 

 of the United States, which are divided among 

 the states and territories respectively, in propor- 

 tion to the number of effective militia in each. In 

 all the states, the governor is the commander-in- 

 chief of the militia, with more or fewer restrictions. 

 In Massachusetts, he has power to exercise, as- 

 semble, and govern them, and to employ them to 

 resist invasion or detriment to the commonwealth, 

 but cannot march them out of the limits of the state 

 without their free consent, or the consent of the gen- 

 eral court, except that he may transport them by 

 land or water out of the state, for the defence of 

 any part of the state to which access cannot otherwise 

 conveniently be had. By the constitutions of many 

 of the states, especially those which are of recent 

 origin, the governor is not commander-in-chief of the 

 militia, when they are in the actual service of the 

 United States. This is to prevent collision between 

 the general government and that of the separate 

 states, such as took place between the government 

 of Massachusetts and that of the United States, dur- 

 ing the last war with Great Britain. Such a pro- 

 vision exists in the constitutions of Connecticut, 

 Pennsylvania, Delaware, South Carolina, Kentucky, 

 Tennessee, Ohio, Indiana, Mississippi, Illinois, Ala- 

 bama, Missouri, Maine. In some of the states, the 

 governor is not to command personally, except when 

 so advised by the legislature. This is the case in 

 Vermont, Maryland, Kentucky, Indiana, Louisiana. 

 In North Carolina, the governor cannot embody the 

 militia of his own authority for the public safety, 

 except in the recess of the general assembly. In 

 some of the states, the organization of the militia is 

 not provided for by the constitution, but left to be 

 settled by the legislature : this is the case in Pennsyl- 

 vania, Louisiana, Mississippi, Illinois, Alabama. In 

 most of the states, however, particular provision is 

 made for the election or appointment of officers of 

 different degrees. In Massachusetts, the captains 

 and subalterns are elected by the written votes of 



their companies, the field officers of regiments by the 

 written votes of the captains nd subalterns of their 

 respective regiments, the brigadiers by the field- 

 officers of their respective brigades. The governoi 

 commissions these officers. The major-generals are 

 appointed by the senate and house of representatives, 

 each having a negative on the other, and are commis- 

 sioned by the governor. If the electors of brigadiers, 

 field-officers, and captains fail to elect, the governor, 

 with the advice of the council, fills vacancies. In 

 New Hampshire, the general and field-officers of the 

 militia are nominated by the governor and council. 

 The captains and subalterns are nominated by the 

 field-officers, and, if approved by the governor, ap- 

 pointed by him. The commanding officers of regi- 

 ments appoint their adjutants and quarter-masters, 

 the brigadiers their brigade-majors, the major-gen- 

 erals their aids, the captains and subalterns their 

 non-commissioned officers. In Vermont, the militia 

 companies elect their captains and other officers, 

 and the captains and subalterns nominate and recom- 

 mend the field-officers, who appoint their staff-officers. 

 The superior officers are appointed by the governor 

 and council. The provisions of the New York con- 

 stitution are much the same as those of Massachusetts. 

 In New Jersey, the captains and inferior officers are 

 chosen by the companies, but field and general offi- 

 cers by the council and assembly. In Maryland, the 

 officers of the militia are appointed by the governor. 

 In North Carolina, the senate and house of com- 

 mons appoint the generals and field-officers of the 

 militia. In Georgia, the general officers of the mi- 

 litia are to be elected by the general assembly, and 

 commissioned by the governor. The other officers 

 are elected as the legislature may direct. In Ken- 

 tucky, the commanding officers of the respective re- 

 giments appoint their regimental staff, brigadier- 

 generals their brigade-majors, major-generals their 

 aids, and captains the non-commissioned officers of 

 companies. A majority of the field-officers and cap- 

 tains in each regiment nominate the commissioned 

 officers in each company, who are commissioned by 

 the governor. In Tennessee, field-officers, captains, 

 subalterns, and non-commissioned officers, are elected 

 by the citizens subject to military duty in the districts 

 of these officers, brigadier-generals by the field-officers 

 of their respective brigades, major-generals by the 

 field-officers of their respective divisions. The gov- 

 ernor appoints the adjutant-general, the major-gen- 

 erals appoint their aids, the brigadier-generals their 

 brigade-majors, and the commanding officers of 

 regiments their adjutants and quarter- masters. In 

 Ohio, captains and subalterns are elected by their 

 companies, majors by the captains and subalterns of 

 the battalion, colonels by the majors, captains, and 

 subalterns of the regiment, brigadier-generals by the 

 commissioned officers of their respective brigades ; 

 major-generals and quarter-master-generals are ap- 

 pointed by the joint ballot of both houses of the 

 legislature. The governor appoints the adjutant- 

 generals ; the major-generals appoint their aids and 

 other division officers, the brigadiers their majors, 

 commanders of regiments their adjutants, quarter- 

 masters, and other regimental staff-officers, and the 

 captains and subalterns the non-commissioned officers 

 and musicians. In Indiana, the elections are much 

 as in Tennessee, except that brigadiers are chosen 

 by all the commissioned officers of their respective 

 brigades, and major-generals by the commissioned 

 officers of their respective divisions. In Missouri, the 

 constitution provides tliat field-officers and company- 

 officers shall be elected by the persons subject to 

 military duty within their respective commands ; 

 brigadier-generals by the field-officers of their res- 

 pective brigades, and major-generals by the brigadiers 



