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Discrepancy on Militia Motions

Research Assistants' Commentary (1787 Constitutional Convention)

Cite as: Grace Mallon, ‘Discrepancy on Militia Motions’ in Research Assistants' Commentary (1787 Constitutional Convention), Quill Project at Pembroke College (Oxford, 2016), item 42.

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Research Assistants' Commentary (1787 Constitutional Convention)

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Discrepancy on Militia Motions

Commentary

The Journal reads:

"It was moved and seconded to insert the following as a clause in the 1 sect. of the 7 article

“to make laws for regulating and disciplining the militia of the several States, reserving to the several States the appointment of their militia Officers”

It was moved and seconded to postpone the last clause in order to take up the following

“To establish an uniformity of exercise and arms for the militia — and rules for their government when called into service under the authority of the United States: and to establish and regulate a militia in any State where it’s Legislature shall neglect to do it”

It was moved and seconded to refer the last two motions to a Committee."

Madison's version has been chosen here because, at such moments, he tends to be more reliable. His record of the convoluted debate over the regulation of the militia is so much more detailed that is seems likely that his is the correct record here.