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185. By militia are meant that body of citizens in a state who are enrolled and trained to military exercises. They are a very different force from a standing army-being simply citizens who are liable to do military duty, who are regularly enrolled for that purpose, and who assemble occasionally to be taught military duties.

186. By an Act of Congress, passed in 1795, the President is authorized, in certain exigencies, such as invasion, or imminent danger of it, to call forth such number of the militia most convenient to the scene of action as he may judge necessary. It belongs to him exclusively to judge whether the exigency has actually arisen, and his decision is conclusive upon the state authorities.

187. When the militia are called into the service of the United States, and are mustered at the place of rendezvous, they cease to be state militia, and become national militia; and from that time they are paid by the United States, and are subject to the articles of war. If they neglect or refuse to march to the place of rendezvous they may be tried and fined by a court-martial, constituted under the authority of the United States, but composed of militia officers only. The states may also pass laws providing for the trial of such delinquents by courtmartial. And they may employ their own militia, not called into the service of the Union, to aid the govern

ment in executing the laws, in suppressing insurrections, and in repelling invasions.

188. Congress is not only authorized to provide for calling forth the militia, but also to provide for organizing, arming, and disciplining them, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress.

189. The object of this power is to secure uniformity in the organization and discipline of the militia, and, as a consequence, efficiency in case of actual service. By an Act passed in 1820, Congress provided that the system of discipline and field exercise, which is observed by the regular army, should also be observed by the militia.

Seat of Government.

190. Congress exercise exclusive legislation, in all cases whatever, over such district (not exceeding ten miles square) as may, by cession of particular states, and the acceptance of Congress, become the seat of the government of the United States; and they also exercise like authority over all places purchased by the consent of the legislature of the state in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful buildings.

191. The seat of government in the first instance was New York. It was then removed to Philadelphia, and, finally, in 1800, to Washington, a district of ten miles square, called the District of Columbia, having been ceded to the United States by Maryland and Virginia. Having exclusive jurisdiction within the District, Congress possess the means of protecting themselves from insult or interruption, without dependence on the state authorities, who might, in particular exigencies, be unable or unwilling to defend them.

192. As the District of Columbia is not a state in the sense of the Constitution, the citizens cannot send Representatives to Congress, nor vote for President or Vice-President of the United States. Recently [1871], however, a territorial government was established for them, with the right to a delegate in Congress.

Jurisdiction over Forts, &c.

193. If a place is purchased in any state, with the consent of its legislature, for the erection of a fort, magazine, arsenal, dockyard, or other needful buildings, then Congress possesses exclusive jurisdiction over such place, and neither civil nor criminal process, issued under the authority of the state, can be executed therein, unless the state expressly reserves

that privilege. Moreover, the inhabitants of such place cease to be inhabitants of the state, and cannot exercise any civil or political rights under the laws of the state.

194. On the other hand, if a purchase of territory is made by the United States in any state for public purposes, without the consent of its legislature, then the jurisdiction of the state over such territory remains full and complete. It has not the right, however, to tax such territory.

General Power of Congress.

195. Had the Constitution made no provision to that effect, it would have been implied that Congress might employ the means necessary to execute the powers with which they were invested. But it has not been left to implication: the Constitution expressly authorizes Congress to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by the Constitution in the government of the United States, or in any department or officer thereof.

196. Congress has no power under this clause of the Constitution, except to provide the means of executing the powers vested in the government of the United States, or in any department or officer thereof. If the means be appropriate to this end, if they are not prohibited, and are consistent with the

letter and spirit of the Constitution, then they are authorized.

Concurrent powers of Legislation in the States.

197. It is important to observe that the powers which the Constitution confides to Congress are not necessarily exclusive. It is only in cases where the Constitution, in express terms, grants an exclusive authority to Congress, or the nature of the authority requires that it should be exclusively exercised by Congress, that the subject is taken from the state legislatures.

198. It is believed that there are only three cases where the authority of Congress is exclusive: First, when it is made exclusive in express terms; secondly, when a power is confided to Congress, and the states are prohibited from exercising a like power; thirdly, when a power is granted to Congress to which a similar power in the states would be absolutely and totally contradictory and repugnant.

199. In all other cases the states retain concurrent authority with Congress, subject, however, to two limitations. One is, that if the state legislation conflicts with that of Congress, then it is void, because the laws of the United States made in pursuance of the Constitution are supreme. The other is, that where, from the nature of the power, its exercise at

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