Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/91

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CH. XXII.]
POWERS OF CONGRESS—MILITIA.
83

that the militia under the command of the national government might be dangerous to the public liberty; at another, that they might be ordered to the most distant places, and burthened with the most oppressive services; and at another, that the states might thus be robbed of their immediate means of defence.[1] How these things could be accomplished with the consent of both houses of congress, in which the states and the people of the states are represented, it is difficult to conceive. But the highly coloured and impassioned addresses, used on this occasion, produced some propositions of amendment in the state conventions,[2] which, however, were never duly ratified, and have long since ceased to be felt, as matters of general concern.

§ 1198. The next power of congress is,
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 officers, and the authority of training the militia according to the discipline prescribed by congress.
§ 1199. This power has a natural connection with the preceding, and, if not indispensable to its exercise, furnishes the only adequate means of giving it promptitude and efficiency in its operations. It requires no skill in the science of war to discern, that uniformity in the organization and discipline of the militia will be attended with the most beneficial effects, whenever they are called into active service. It will enable them to discharge the duties of the camp and field with mutual intelligence and concert, an advantage of peculiar
  1. See the Federalist, No. 29; 2 Elliot's Deb. 285, 286, 287, 289, 307, 310.
  2. 1 Tucker's Black. Comm. App. 273.