MILITIA. A part of the military force of the nation, consisting of citizens called forth to execute the laws of the Union, sup press insurrection, and repel invasion.
The militia is essentially the people's army and their defence and security in time of peace ; City of Salina v. Blaksley, 72 Kan. 230, 83 Pac. 619, 3 L. R. A. (N. S.) 168, 115 Am. St. Rep. 196.
The constitution of the United States pro vides on this subject that congress shall have power to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions; to pro vide for organizing, arming, and disciplining the militia, and for governing such part of it as may be employed in the service of the United States, reserving to the states respec tively the appointment of the officers, and the authority of training the militia, accord ing to the discipline prescribed by congress.
In accordance with the provisions of the constitution, congress, in 1792, act of May 8, passed an act relating to the militia. Un der its provisions the militia could be used for the suppression of rebellion as well as of insurrection ; R. S. § 1642; Texas v. White, 7 Wall. (U. S.) 700, 19 L. Ed. 227; Kneedler v. Lane, 45 Pa. 238. The president was to judge when the exigency had arisen which requires the militia to be called out ; Martin v. Mott, 12 Wheat. (U. S.) 19, 6 L. Ed. 537. He may make his request directly to the executive of the state, or by an order directed to any subordinate officer of the state mili tia; Moore v. Houston, 3 S. & R. (Pa.) 169; as provided by R. S. § 1642; and see Martin v. Mott, 12 Wheat. (U. S.) 19, 6 L. 'Ed. 537.
Under the act of congress of January 21, 1903, the militia "shall consist of every able bodied male citizen and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes: The organized militia, known at the "Nation al Guard" of the state, etc., and the remain , der, to be known as the "Reserve Militia."
The list of exemptions from service in eludes government officers and a large num ber of governmental employees, and also those who are. exempt by state laws, and members of any "well-recognized" religious sect or organization whose religious convic tions are opposed to war, etc.
Whenever the United States is invaded or in danger of invasion from any foreign na tion, or of rebellion against its authority, or the president is unable, with the regular force, to execute the laws of the Union, he may call forth such number of the militia as he may deem necessary and issue his or ders for that purpose through the governor of the respective state, etc., to such officers of the militia as he may think proper. (The act of May 27, 1908, limited the period of service to not exceeding nine months, and provided .that the orders shall be issued through the governor of the state, etc.) The president may specify in his call the period of service and the militia shall continue to serve during such period, either within or without the United States, unless sooner re lieved. In case of a call, the organized mili tia shall be called into service in advance of any volunteer forces it may be determined to raise. When the militia of more than one state is called into service, the president may, in his discretion, apportion them among the states, etc. When called into actual service, they are subject to the same rules and articles of war as the regular troops. They are entitled to the benefits of pension laws in existence at the time of service, and, in case of death, the same benefit is extend ed to widows and children.
The militia, until mustered into the Unit ed States service, is considered as a state force; Moore v. Houston, 3 S. & R. (Pa.) 169; Houston v. Moore, 5 Wheat. (U. S.) 1, 5 L. Ed. 19. See 1 Kent 262; Story, Const.• §§ 1194-1210.
See generally Dunne v. People, 94 Ill. 123, 34 Am. Rep. 213 ; Presser v. Illinois, 116 U. S. 267, 6 Sup. Ct. 580, 29 L. Ed. 615; MILI TARY LA.m7; MARTIAL LAW.