Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/83

 CH. XXI.] appeals to popular prejudices, or vindicated with more lull and masculine discussion. The Federalist gave it a most elaborate discussion, as one of the critical points of the constitution. In the present times the subject attracts no notice, and would scarcely furnish a topic, even for popular declamation. Ever since the constitution was put into operation, congress have restrained their appropriations to the current year; and thus practically shown the visionary nature of these objections.

§ 1187. Congress in 1798, in expectation of a war with France, authorized the president to accept the services of any companies of volunteers, who should associate themselves for the service, and should be armed, clothed, and equipped at their own expense, and to commission their officers. This exercise of power was complained of at the time, as a virtual infringement of the constitutional authority of the states in regard to the militia; and, as such, it met with the disapprobation of a learned commentator. His opinion does not, however, seem since to have received the deliberate assent of the nation. During the late war with Great Britain, laws were repeatedly passed, authorizing the acceptance of volunteer corps of the militia under their own officers; and eventually, the president was authorized, with the consent of the senate, to commission officers for such volunteer corps. These laws exhibit the decided change of the public opinion on this subject; and they deserve more attention, since the measures were promoted and approved under the auspices of the very