History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 2: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
But the first draft of the Constitution, prepared by the committee of
detail, contained no express power on this subject, excepting "to
call forth the aid of the militia in order to execute the laws of the
Union, enforce treaties, suppress insurrections, and repel
invasions."[261] Possibly it might have been contended, after the
Constitution had gone into operation, that the general power to make
all laws necessary and proper for the execution of the powers
specially enumerated, would enable Congress to prescribe regulations
of the force which they were authorized to employ, since the authority
to employ would seem to involve the right to have the force kept in a
fit state to be employed. But this would have been a remote
implication of power, too hazardous to be trusted; and it at once
occurred to one of the wisest and most sagacious of the statesmen
composing the Convention, who, though he never signed the
Constitution, exercised a great and salutary influence in its
preparation,--Mr. Mason of Virginia,--that an express and unequivocal
power of regulating the militia must be conferred. He stated the
obvious truth, that, if the disciplining of the militia were left in
the hands of the States, they never would concur in any one system;
and as it might be difficult to persuade them to give up their power
over the whole, he was at first disposed to adopt the plan of placing
a part of the militia under the control of the general government, as
a select force.[262] But he, as well as others, became satisfied that
this plan would not produce a uniformity of discipline throughout the
entire mass of the militia. The question, therefore, resolved itself
practically into this,--what should be the nature and extent of the
control to be given to the general government, assuming that its
control was to be applicable to the entire militia of the several
States. This important question, involved in several distinct
propositions, was referred to a grand committee of the States.[263] It
was by them that the plan was digested and arranged by which Congress
now has the power to provide for organizing, arming, and disciplining
the militia, and for governing such part of them as may be employed in
the service of the United States, reserving to the States the
appointment of the officers, and the authority of training the militia
according to the discipline prescribed by Congress;[264]--a provision
that was adopted by a large majority of the States. The clause
reported by the committee of detail was also adopted, by which
Congress is enabled to provide for calling forth the militia to
execute the laws of the Union, suppress insurrections, and repel
invasions.[265]
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