When President Jefferson called the attention of Congress to the subject, in 1802, the committee of the House took the matter up again, but reported in February, 1803, by Mr. Varnum, that, after full investigation of the law of 1792, it is considered that it "embraceth all the objects of a militia institution delegated to Congress." In 1806, the matter of a classification of the militia, in accordance with the suggestion of Jefferson to separate "the more active part from that which is less so," was presented to Congress, in a report which, after a thorough examination of the subject, concludes: "That it is inexpedient to adopt measures for the classification or new organization of the militia." In 1810, the Senate committee to whom President Madison's message regarding the militia was referred, reported that: "All . . . within the power of Congress seems to have been already done, unless it should be deemed expedient to make a new organization, by a classification which shall constitute a select and a reserve militia; . . . and as the committee are unwilling to derive any powers to Congress not expressly given by the Constitution, nor necessarily incident to the powers delegated," they therefore ask to be discharged from further consideration of the subject. Mr. Clay, during the same month (March), reported to the House that it would be improper to innovate on the present system of the militia.

Through successive administrations change in the law, which was inoperative, was repeatedly proposed, but no other plan has ever been adopted. The militia of the States is all the male citizens able to bear arms between eighteen and forty-five years of age, and the defense of the nation lies in that reserve, which is ready to act when called on, and to act intelligently. It is true that a far more liberal view of the powers delegated to Congress may now be taken, with the approbation of a majority of the citizens of the United States, than was taken before the last change of political parties; nevertheless, an express reservation to the States of authority to officer and to train their own militia cannot be overcome, except by a change in the Constitution.

The vital principle of the proposed law is one million dollars; and it is assumed that, taking away all enactments as to the formation of militia organizations, and leaving it to the States to organize their troops, either by volunteer or draft measures as they choose, the latter will be incited to perfect their brigades in order to share in the purse provided. This may be a shrewd

plan, but it seems to be neither proper, so far as the States are concerned, nor politic, so far as the general Government is eoncerned; and an examination of other details of the bill will further confirm these objections. It is provided that all property issued to the States shall remain the property of the United States, and be annually accounted for, and all loss or damage, except wear incident to the service, shall be made good to the United States. It is provided that regiments, brigades, or divisions may have officers from the regular army assigned to do duty as adjutants, assistant adjutant-generals, or chiefs-of-staff; and that officers from the regular army shall be detailed to attend the inspections of the militia organizations of the States, whenever the inspections of these organizations which share the said annual fund shall take place.

In respect of these provisions, it may be said that to have no authority over the militia, as such, and to hold it accountable for all property issued to it, immediately leads to an anomaly. Since 1808, the general Government has annually appropriated two hundred thousand dollars, which has been applied to the various States, latterly in the proportions of the Congressional representations of those States, and the opinion of the United States Attorney-general, in 1874, was expressed, on application to him by the Chief-of-ordnance, that no power existed to withhold from any State its share of that fund. He held that the State took a qualified interest in the property in the nature of a trust to use it for military purposes, but that he knew of no provisions by which an accounting with the State could be had. There can be no question that Congress has power to give to a State a sum to arm its militia, or a certain proportion of arms, on certain conditions, but in this matter the sum appropriated is for an institution which is primarily for the local protection of the Statehelped, and the relations of the States to the general Government should be too high for subsequent accountings. In respect of the employment of regular army officers, drawing their pay from the general Government, and taking commissions from governors of States to superintend monthly drills, and five-day encampments once a year, it is believed that the regular army would not be benefited by such assignments, nor would the benefit of such association promote the spirit of general military education among the people.

The regular army of the United States has enough to do, if its

officers do properly what falls within the scope of their military lives. An examination of the reports of the Secretary of War to Congress, made each year, will show the variety of ordnance, engineering, meteorological, and tactical subjects with which that branch of the service is required to deal. For the development of scientific knowledge, as to all the arts of war, the country depends upon the work of the army and navy, and it does not seem proper to take from two to three hundred officers away from that service to do duty as militia officers.

That the general Government should furnish the States with arms as improvements may be devised is quite proper. The manufacture of arms has, since a very early period in the history of our Government, been fostered and controlled by governmental aid. From this source the most effective weapons should be furnished to the States, either by purchase on the part of the State or by gift to the State. The power to arm the militia has been embodied in the Constitution without any restraining clause. Upon such gifts alone the promotion of efficient organizations can be secured. The militia laws can be simplified and perfected to suit the solution which time-as it is said-has made, by providing for such distribution of arms as the States may require for organizations which they may create. Let, however, such other matters as have been alluded to, as well as rifle-matches, which the bill referred to provides for, remain with the States. Why should from twenty-five to thirty thousand dollars be expended yearly, to transport teams and reserves to a contest between representatives of all the States? The money which the general Government shall raise from customs and revenues can be put to better use.

We have an army and a navy, such as it is, and instead of spreading a limited peace income in very thin layers over a very large surface, let our real sources of military and naval knowledge be helped, and let the States, in something of the independent spirit of their histories, take care of their own homes and factories, and give evidence of their ability to respond to any call from the Executive "to execute the laws of the Union, suppress insurrections, and repel invasions."

CHARLES E. LYDECKER.

INDEX

TO THE

HUNDRED AND THIRTY-FOURTH VOLUME

OF THE

North American Review.