Charles Sumner: his complete works, volume 04 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 04 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The history of the adoption of the several parts of this clause in the
National Convention reflects light upon its true meaning. The first
part, in regard to organizing, arming, and disciplining the militia,
was passed by a vote of nine States against two; the next, reserving
the appointment of officers to the States, after an ineffectual attempt
to amend it by confining the appointment to officers under the rank
of general officers, was passed without a division; and the last,
reserving to the States the authority to train the militia according
to the discipline prescribed by Congress, was passed by a vote of
seven States against four.[6] It seems, then, that there was strong
opposition in the Convention, even to the secondary reservation of "the
authority of training the militia." But this power is not reserved
unqualifiedly. The States are to train the militia "according to the
_discipline prescribed_ by Congress": not according to any discipline
determined by the States, or by the States concurrently with the
National Government, but absolutely _according to the discipline
prescribed by Congress_,--nor more, nor less: thus distinctly
recognizing the essentially exclusive character of the legislation of
Congress on this subject.
[6] Madison's Debates, August 23, 1787.
This interpretation derives confirmation from the manner in which
the militia of England was constituted or organized at the time of
the adoption of the National Constitution. To the crown was given
"the _sole right_ to govern and command them," though they were
"officered" by the Lord Lieutenant, the Deputy Lieutenants, and other
principal landholders of the county.[7] The Commentaries of Sir William
Blackstone, from which this description is drawn, were familiar to
the members of the Convention; and it is reasonable to suppose, that,
in the distribution of powers between the National Government and the
States, on this subject, the peculiar arrangement prevailing in the
mother country was not disregarded.
[7] Blackstone, Commentaries, I. 412, 413.
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