MILITIA. The military force of the nation, consisting of citizens called forth to execute the laws of the Union, suppress in surrection, and repel invasion.
2. The constitution of the United States provides on this subject that congress shall have power to provide for calling forth the militia to execute the laws of the Union, sup press insurrections, and repel invasions ; to provide for organizing, arming, and disci plining the militia, and for governing such part of them as may be employed in the ser vice 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.
In accordance with these provisions, con gress, in 1792, act of May 8, passed an act relating to the militia, which -bas remained, with slight modifications, till the present time. In 1814 an act was passed prescribing the manner of holding courts. The term of' ser
vice was lengthened from three months to nine in 1862, and in 1863 a law was passed which has changed in many particulars the old law.
The acts of the national legislature which regulate the militia are the following, name ly : Act of May 8, 1792, 1 Story, U. S. Laws, 252 ; Act of Feb. 28, 1795, 1 id. 390 ; Act of March 2, 1803, 2 id. 888 ; Act of April 10, 1806, 2 id. 1005 • Act of April 20, 1816, 3 id. 1573 ; Act of' May 12, 1820, 3 id. 1786 ; Act of March 2, 1821, 3 id. 1811.
The militia, until mustered into the United States service, is considered as a state force. 3 Serg. & R. Penn. 169 • 5 Wheat. 1. The president of the United' States is to judge when the exigency has arisen which requires the militia to be called out. 12 Wheat. 19. See 8 Mass. 548. See 1 Kent, Comm. 262 ; Story, Const. 1194-1210. See MILITARY LAW ; MARTIAL LAW.