T. M. Cooley

“ This modification of the law of dower has probably grown out of the general custom prevailing in England among land proprietors of making marriage settlements. In cases where this is omitted, the wife still has some provision under the statute of distribution (29 Charles II.) , which gives her one third of the personal estate of the husband when he dies intestate, not for life merely, but absolutely.—In the United States, the general rule prevails of allowing to the widow an estate for life in one third of all the lands of which the husband was seized in fee. ”

“ The state constitutions will be found in general to recognize the value of a well regulated militia in a free government, and to require the passage of laws for organizing, arming, equipping, and disciplining the freemen of the state who are subject to military duty. ”

“ These organizations compose but a small part of the whole body of the militia, but they are ample for all the needs of government in ordinary times, and in extraordinary emergencies they serve as the nucleus of an army until the unorganized militia, or such portion thereof as may be called for, can be put into the field. ”

“ For many years it was customary to have annual drill or training days for the whole body of the militia in the several states, and they were called out for the purpose and compelled to attend under penalty; but for 30 years or more the conviction has been spreading that these annual trainings were of little value, and that they accomplished almost nothing in fitting men for active military duty. ”

“ In Switzerland a standing army is forbidden by the constitution. Military instruction is given in the schools, though not made compulsory. The military forces are divided into: 1, the Bundesauszug, or federal army, consisting of all able-bodied males between the ages of 20 and 30; 2, the army of the reserve, consisting of all between the ages of 31 and 40 who have served in the first class; 3, the landwehr, or militia, embracing all the men from 41 to 45. ”

“ The militia are required to assemble for 27 days' training each year, but in time of peace the requirement is not strictly enforced. The mutiny law is applicable while they are under arms. The militia cannot be compelled to march out of their respective counties except in case of invasion or actual rebellion, nor in any case to march out of the kingdom. Their pay while in service is the same as that in the regular army. ”

“ The national militia of Sweden is raised and paid by the landowners, assisted to some extent by the income of state domains. The infantry practise a month annually, and the cavalry 45 days.— The militia system of the German empire is the most complete and effective in the world. Every subject becomes liable to military duty on reaching the age of 20, and he must serve three years in the regular army, and afterward four years in the army of the reserve. ”

“ The first call of the president for 75,000 men was mainly filled from this source. Afterward volunteers were relied upon in the main, and when the supply from this source proved insufficient, conscription was ordered. As the laws now are, the great majority of all the persons liable to perform military duty in the United States are unlikely to be summoned for discipline, or even to organize for the purpose, unless the military needs shall require a heavy force in the field, in which case, if summoned at all, it will be by conscription. ”

“ The militia of Massachusetts and Connecticut, when called out, were refused payment by the general government because they had not been placed under the orders of the federal officer, and the militia of Vermont were at one time summoned home by the governor because in his opinion no cause existed which justified the president in demanding their services. ”

“ The consequence has been that the laws providing for them have generally been either repealed or allowed to fall into disuse, and in their place have been substituted provisions under which voluntary organizations are formed, which select their own uniforms and the branch of service to which they will attach themselves, and which are encouraged by small state bounties to perfect their drill and keep themselves in readiness at all times for prompt and effective action. ”

“ The peasants were enrolled under the banners of their immediate lords, but in case of rebellion or invasion the state had a paramount claim upon their services, and the lords had no further authority over them than the privilege of leading them in battle. The organization of this species of militia has been attributed to Alfred, but it seems certain that a national force called the fyrd, regulated probably by similar principles, existed before his time. ”

“ To give the right, however, the seisin of the husband must be a beneficial one, and not merely as trustee or for the use of another, and the marriage must be legal, or if voidable, must not have been set aside during the husband's life. The wife may be barred of her dower in various modes ”

“ The ceorles or peasants held their lands on condition of military service, every five hides of ground in most counties being charged with the equipment of one man, and were banded in bodies or companies, the command of which was given to the ealdormen elected by the people in the folkmotes. ”

“ Certain classes are exempted: peers, yeomanry, resident members of universities, clergymen, parish schoolmasters, articled clerks, apprentices, seafaring men, crown employees, free watermen of the Thames; in England any poor man with more than one child born in wedlock; in Scotland any man with more than two lawful children and not possessed of property to the value of £50; in Ireland any man with more than three lawful children, who pays less than £5 a year rent, or has less than £10 of property. ”

“ Substitutes may be accepted for the men chosen by ballot, and for many years it has been customary to suspend the ballot, and make up the requisite number by volunteering. The time of service is five years. ”