William Burnham Woods

“ It is undoubtedly true that all citizens capable of bearing arms constitute the reserved military force or reserve militia of the United States as well as of the states, and, in view of this prerogative of the general government, as well as of its general powers, the states cannot, even laying the constitutional provision in question out of view, prohibit the people from keeping and bearing arms, so as to deprive the United States of their rightful resource for maintaining the public security, and disable the people from performing their duty to the general government. ”

“ It is said that the object of the act of congress is to provide for organizing, arming, and disciplining all the able-bodied male citizens of the states, respectively, between certain ages, that they may be ready at all times to respond to the call of the nation to enforce its laws, suppress insurrection, and repel invasion, and thereby avoid the necessity for maintaining a large standing army, with which liberty can never be safe, and that, on the other hand, the effect if not object of the Illinois statute is to prevent such organizing, arming, and disciplining of the militia. ”

“ We cannot attribute to the legislature, unless compelled to do so by its plain words, a purpose to pass an act in conflict with an act of congress on a subject over which congress is given authority by the constitution of the United States. We are, therefore, of opinion that, fairly construed, the sections of the Military Code referred to do not conflict with the laws of congress on the subject of the militia. ”