Let us now apply these general considerations to the present case. The Act of May, 1846, recognizes a clear distinction between _militia_ and _volunteers_. It authorizes the President "to employ the _militia_, naval, and military forces of the United States, and to call for and accept the services of any number of _volunteers_, not exceeding fifty thousand, ... to serve twelve months after they shall have arrived at the place of rendezvous, or to the end of the war, unless sooner discharged." The next section (§ 2) provides that "the _militia_, when called into the service of the United States by virtue of this Act or any other Act, may, if in the opinion of the President of the United States the public interest requires it, be compelled to serve _for a term not exceeding six months_ after their arrival at the place of rendezvous." The ninth section speaks of "militia or volunteers," referring to the two distinct classes. Now on the face of this Act there are at least two distinct recognitions that "volunteers" are not of the _militia_: 1st, in providing for the employment of _volunteers_ and also of _militia_, treating the two as distinct; and, 2d, in providing that the service for volunteers shall be "twelve months or the war," while that of the militia is "six months" only. There are other reasons. 1st, The volunteers do not come by draft, but by contract. 2d, Then, again, the President is expressly empowered to apportion the staff, field, and general officers among the respective States and Territories from which the volunteers shall tender their services, while, in the supplementary Act of June 26, major-generals and brigadier-generals are to be appointed by the President by and with the advice and consent of the Senate, all of which, notwithstanding the sop to the States in the apportionment provision, is inconsistent with the character of _militia_. 3d, Another reason why these cannot be _militia_ is, that no such exigency has occurred as authorizes the President to call for the militia,--as, for instance, "to execute the laws of the Union, suppress insurrections, and repel invasions." Thus far I have sought to bring the proposed body of volunteers to the touchstone of the Constitution and laws of the United States. Let us now see how they conform to the Constitution and laws of Massachusetts. 1. By the Constitution of Massachusetts, the Governor is commander-in-chief of the militia; but he cannot command these volunteers. 2. By our State laws (Chap. 92, March 24, 1840) volunteers in the militia are "to do duty for five years", while volunteers under the Act in question are for "twelve months or the war." 3. "A uniform such as the commander-in-chief shall prescribe" is appointed for the volunteer militia, while volunteers under the Act are subject to no such regulation.