4. The statute of 1846, chap. 218, § 10, provides that each company shall have "one first, one second, one third, and one fourth lieutenant." Mr. Secretary Marcy's requisition (p. 30 of Mr. Cushing's Report[207]) allows to each company "one first lieutenant and two second lieutenants." [207] Mass. House Doc. 1847, No. 7. By provisions like these Massachusetts has marked her militia that she may know them. She tells them how they shall be apparelled and officered. But the body now called out is so apparelled and officered that the Commonwealth cannot recognize it as her militia. It seems clear, that, in the light of the Constitution and laws of the United States, and also of the Constitution and laws of Massachusetts, this body cannot be a part of the _militia_. But it is suggested on the other side that the companies now raised may be regarded as companies of militia who _volunteer as companies_ into the army of the United States; and it is urged that the requisitions of the Constitution are complied with, inasmuch as the officers of the regiment are commissioned by the Governor. To this it may be replied, that the militia of the Commonwealth have certain specific duties detailed in the statute on the subject (Chap. 92, 1840). For instance (§ 23), three parades in each year, and inspection on the last Wednesday of May; (§ 24) an inspection and review in each year; (§ 27) and particularly to aid the _posse comitatus_ in case of riot. These all contemplate that they shall remain _at home_. Now it is not to be questioned, that, in any of the _exigencies_ mentioned by the Constitution, they may be ordered from home, _in the manner prescribed by the Constitution and laws_; but it certainly cannot be allowable for a company of militia to VOLUNTEER _as a company_ into a service _inconsistent with the duties prescribed by the laws under which it is established_. Adopting Mr. Monroe's distinction, the individuals can volunteer _as citizens_, but not _as a company_. Let us try this point by an analogy. The Commonwealth by its legislation (Rev. Stat., chap. 18) establishes companies of engine-men, who are to be appointed by the selectmen of towns, to protect from fires. Is it supposed that these companies can volunteer, _as companies_, to enter the army of the United States, and go far away from the scene of the duties for which they were established? But the companies of militia are hardly less local and home-abiding in character than the companies of engine-men. It is impossible to suppose that they can volunteer as companies into the "army" of the United States.