Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/95

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CH. XXII.]
POWERS OF CONGRESS—MILITIA.
87

train the militia, except when in the actual service of the United States, was also exclusively vested in the states; and under such circumstances, it was secure against any serious abuses.[1] It was added, that any project of disciplining the whole militia of the United States would be so utterly impracticable and mischievous, that it would probably never be attempted.[2] The most, that could be done, would be to organize and discipline select corps; and these for all general purposes, either of the states, or of the Union, would be found to combine all, that was useful or desirable in militia services.

§ 1203. It is hardly necessary to say, how utterly without any practical justification have been the alarms, so industriously spread upon this subject at the time, when the constitution was put upon its trial. Upon two occasions only has it been found necessary on the part of the general government, to require the aid of the militia of the states, for the purpose of executing the laws of the Union, suppressing insurrections, or repelling invasions. The first was to suppress the insurrection in Pennsylvania in 1794;[3] and the other, to repel the enemy in the recent war with Great Britain. On other occasions, the militia has indeed been called into service to repel the incursions of the Indians; but in all such cases, the injured states have led the way, and requested the co-operation of the national government. In regard to the other power of organizing, arming, and disciplining the militia, congress passed an act in 1792,[4] more effectually to
  1. See The Federalist, No. 29; 1 Tucker's Black. Comm. App. 274; Rawle on the Constitution, ch. 9. p. 112.
  2. The Federalist, No. 29.
  3. 5 Marsh. Life of Washington, ch. 8, p. 570 to 592; 2 Pitk. Hist. ch. 23, p. 421 to 428.
  4. Act of 8th May, 1792, ch. 33.