State militia

“ Who are militia? Can we depend solely upon these? I will pay the last tribute of gratitude to the militia of my country: they performed some of the most gallant feats during the last war, and acted as nobly as men inured to other avocations could be expected to do; but, sir, it is dangerous to look to them as our sole protectors. Did ever militia defend a country? Those of Pennsylvania were said to differ very little from regulars; yet these, sir, were insufficient for the defence of that state. The militia of our country will be wanted for agriculture. ”

“ I have already alluded to the organizing of the State militia,—an abuse that unfortunately received the sanction of the Administration. The only possible excuse for it was the cry raised regarding anticipated negro insurrections. To guard against danger from a class whose loyalty and good behavior during the war challenged the admiration of the world, arms were put into the hands of Confederate soldiers who had returned to their homes reeking with the blood of the nation. Power was taken from the friends of the government and put into the hands of its enemies. ”

“ There is no such connection between the sections which prohibit any body of men, other than the organized militia of the state and the troops of the United States, from associating as a military company and drilling with arms in any city or town of the state, and the sections which provide for the enrollment and organization of the state militia, as makes it impossible to declare one, without declaring both, invalid. ”

“ That the people have a right to keep and bear arms; that a well-regulated militia, including the body of the people capable of bearing arms, is the proper, natural, and safe defence of a free state.
That the militia should not be subject to martial law, except in time of war, rebellion, or insurrection. ”

“ The question is now to be met, whether, in a hostile, rebellious part of the state, where this very murder has been committed by the militia, you are to stop in the operations of the field to put down servile insurrection, because the men and women are terror-stricken? Whenever was it heard before that a victorious general, in an unsurrendered province, stopped in his course for the purpose of preventing the rebellious inhabitants of that province from destroying each other, or refuse to take command of a conquered province lest he should be made responsible for their self-destruction? ”

“ Till there be a necessity for an army to be raised, militia will do. And when an army will be raised, the militia will still be employed, which will render a less numerous army sufficient. By these means, there will be a sufficient defence for the country, without having a standing army altogether, or oppressing the people. The worthy member has said, that it ought to be a part of the Constitution that the militia ought not to go out of the state without the consent of the state legislature. What would be the consequence of this? The general defence is trusted to the general government. ”

“ The organization of the militia is yet more indispensable to the liberties of the country. It is only by an effective militia that we can at once enjoy the repose of peace and bid defiance to foreign aggression; it is by the militia that we are constituted an armed nation, standing in perpetual panoply of defense in the presence of all the other nations of the earth. ”

“ You will find all the strength of this country in the hands of your enemies; their garrisons will naturally be the strongest places in the country. Your militia is given up to Congress, also, in another part of this plan: they will therefore act as they think proper: all power will be in their own possession. You cannot force them to receive their punishment: of what service would militia be to you, when, most probably, you will not have a single musket in the state? for, as arms are to be provided by Congress, they may or may not furnish them. ”

“ If, at any time, our rulers should have unjust and iniquitous designs against our liberties, and should wish to establish a standing army, the first attempt would be to render the service and use of militia odious to the people themselves—subjecting them to unnecessary severity of discipline in time of peace, confining them under martial law, and disgusting them so much as to make them cry out, "Give us a standing army!" ”

“ Could we call forth a sufficient number, either by draughts, or any other way, to repel a powerful enemy? The inability of the government to raise and support regular troops would compel us to depend on militia. ”

“ For a people who are free, and who mean to remain so, a well-organized and armed militia is their best security. It is, therefore, incumbent on us, at every meeting, to revise the condition of the militia, and to ask ourselves if it is prepared to repel a powerful enemy at every point of our territories exposed to invasion. Some of the States have paid a laudable attention to this object; but every degree of neglect is to be found among others. Congress alone have power to produce a uniform state of preparation in this great organ of defence ”

“ Daniel Gros, [FN] writing to General Clinton from Canajoharie, upon the importance of having at least a small detachment of regular troops at Fort Rensselaer, observed—"It would serve to bring spirit, order, and regularity into our militia, where authority and subordination have vanished. If it should last a little longer, the shadow of it will dwindle away; and perhaps the best men in the state will be useless spectators of all the havoc the enemy is meditating against the country. The militia appears to me to be a body without a soul. ”

“ In all the Southern states the last state resort for keeping the peace is the militia, and there have recently been two scandalous instances where these volunteer soldiers have permitted themselves to be overrun by a mob, giving up their guns without an effort to fire a shot. ”

“ Reports to the effect that the rebels were increasing in power in many States, and that the depredations being committed upon the property of public officers in particular, and many inoffensive private citizens in general, were now almost hourly occurrences, had been the cause of many small affrays between the rebels and the State militia, in which many lost their lives and others were wounded, on both sides. ”

“ If instances be required to show the necessity for such general law, it is sufficient to mention that in one case I have been informed by the Governor of a State that the law does not permit him to call the militia from one county for service in another, so that a single brigade of the enemy could traverse the State and devastate each county in turn without any power on the part of the Executive to use the militia for effective defense ”

“ It was now seen that the National Government could and would march militia directly to a place of resistance regardless of State lines. The people of the States were no longer safe from invasion by the power which they had created. Not only a respect for the United States laws, taxes, courts, and officers was created by the incident, but the fidelity of the militia, residents of different States, to the central authority was assured. Jay was at this time on his celebrated mission to England to prevent war with that nation, if possible. ”

“ Congress has declared the militia to be "all citizens and those who have declared their intention to become such, between the ages of eighteen and forty-five." These constitute what is called the unorganized militia. The military companies and regiments formed by authority of United States and state laws constitute the organized militia. ”

“ That the establishment of such a militia is, at this time, peculiarly necessary, by the state of our laws, for the protection and defence of the country, some of which are already expired, and others will shortly be so; and that the known remissness of government in calling us together in legislative capacity, renders it too insecure, in this time of danger and distress, to rely that opportunity will be given of renewing them, in general assembly, or making any provision to secure our inestimable rights and liberties, from those further violations with which they are threatened. ”

“ Since the Civil War many, perhaps most, Regular Army officers had believed that the militia was incompetent and unreliable, and this belief remained strong after passage of the Militia Act. Harsh and sometimes unreasonable criticism by Regulars angered Guard officers working hard to improve their units. Many Guard officers continued to see the increasing federal regulation of the militia as an unwarranted intrusion into what had traditionally been state and local matters. ”

“ Most of the power over the latter remained with the states, and the extent to which the Federal government could use state militias became a matter of endless controversy. Worse by far, from the standpoint of efficiency, was the fact that militiamen could only be held to serve for three months and that they were not liable to do duty very far from home. ”

“ So that when we in fact state, let us say, that we will have a cease-fire or have a coalition government, most of the 2 million men you often hear quoted under arms, most of whom are regional popular reconnaissance forces, which is to say militia, and a very poor militia at that, will simply lay down their arms, if they haven't done so already, and not fight. ”

“ The state legislature, when providing for the state army, authorized the governor to exempt from militia duty all railway, express, steamboat, and telegraph employees, but even the fire companies had to serve as militia. [185] The operation of the enrolment law stripped the land of men of militia age, and on November 17, 1862, the legislature ordered to duty on the public roads men from sixteen to eighteen years of age, and forty-five to fifty-five, and later all from sixteen to fifty as well as all male slaves and free negroes from fourteen to sixty years of age. ”

“ The main reliance of this country for defence is, and ever must be, the militia. Anything, therefore, which tends to prejudice the militia, or the mass of the people, against the army, should be cautiously avoided, as it is essential to have them act in concert and harmony. ”

“ Therefore, we have in the United States to-day a regular Army of 48,000, and 60,000 militia ready for duty, or 108,000 men and officers altogether. In time of war not a man of our militia could well be spared for military service to repel an invader, for in such troublesome times they would all be needed for police duty to maintain order and obedience throughout the country. ”

“ President, I wish to call the attention of the Senate to the propriety and constitutionality of calling out this detachment of militia at a time when no enemy menaced an invasion. The constitution only authorizes the General Government to call out the militia to suppress insurrection, enforce the laws, and repel invasion. ”

“ The mass of men serve the state thus, not as men mainly, but as machines, with their bodies. They are the standing army, and the militia, jailers, constables, posse comitatus, etc. In most cases there is no free exercise whatever of the judgment or of the moral sense; but they put themselves on a level with wood and earth and stones; and wooden men can perhaps be manufactured that will serve the purpose as well. Such command no more respect than men of straw or a lump of dirt. They have the same sort of worth only as horses and dogs. ”