lish a different one. As it is the duty of an
executive to see the laws executed, power is given by the constitution
to the governor to call out a sufficient military force for this
purpose.
Sec.3. All able-bodied white male citizens of the United States, between
the ages of eighteen and forty-five years, are liable to perform
military service in the states in which they reside, except such as are
exempt by the laws of the states and of the United States. Persons
exempt by the laws of the states are generally the following: Ministers
of the gospel; commissioned officers of the militia having served a
certain number of years; members of uniformed companies having served
for a specified time; members of fire companies; certain public officers
while in office; and in some states teachers and students of colleges,
academies, and common schools; and a few others.
Sec.4. Persons exempt by the laws of the United States are the
vice-president, the subordinate executive and all the judicial officers
of the government of the United States; members of congress and its
officers; custom-house officers and their clerks; post-officers and
drivers of mail stages; ferrymen employed at ferries on post-roads;
pilots and mariners.
Sec.5. By the constitutions of the several states, the governors are made
the commanders-in-chief of the militia of their respective states; and
by the constitution of the United States, the president is made
commander-in-chief of the army and navy of the United States, and also
of the militia of the states when called out into actual service. It has
already been remarked, (Sec.2,) that the military force of the state is at
the command of the executive to protect the government and its citizens.
So the president was thought the proper person to have command of the
public forces, to execute the laws of the United States, to repel
invasion, and to carry on war. Hence the governors and the president are
not among the public officers who are exempt from military duty.
Sec.6. Persons who, having been duly notified, refuse to appear at
military parades, or, appearing without being equipped as the law
directs, are tried by a military court, called _court martial_,
consisting usually of three military officers, or of such other persons
as may be appointed according to the law of the state. If the persons
tried do not show good cause for their delinquency, they are fined in
such sums as the law prescribes. In cert
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