NOTE: I have added <<<< >>>> to accentuate certain points in this discussion. - Dr. Bill Boyle

"ARTICLE I., SECTION 8, CLAUSE 16.

'To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;'

Charles Pinckney's speeches show that his draft gave the federal powers the exclusive right to establish regulations for the government of the militia, and Randolph's committee draft conferred a legislative power 'to regulate the force permitted to be kept in each State' but the draft reported on August 6 contained nothing upon the subject. On August 18, however, Mason introduced the subject of regulating the militia, and thought such a power necessary to be given the general government. He supposed there would be no standing army in time of peace, and considered it impossible that thirteen states would agree upon any one system. <<<< He suggested that, if they would not give up the power over the whole, they might do so over a part as a select militia.>>>> He accordingly moved that an additional power be conferred on Congress 'to regulate the militia', and later in the same day varied this so as to read 'to make laws for the regulation and discipline of the militia of the several States, reserving to the States the appointment of the officers.'

Ellsworth thought the proposal went too far, and proposed the following - 'that the militia should have the same arms and exercise, and be under rules established by the general government when in actual service of the United States; and when States neglect to provide regulations for militia, it should be regulated and established by the legislature of the United States.' Dickinson rather approved of giving the general government the control of a part of the militia, and then Mason returned to his suggestion of a select militia, withdrew his already made motion, and moved a power 'to make laws for regulating and disciplining the militia, not to exceed one-tenth part in any one year, and reserving the appointment of officers to the States.'

Mason's original motion was then renewed by Charles Cotesworth Pinckney, and there was some little discussion of the subject, and various opinions were expressed. Finally, both motions were referred to the grand committee appointed that day, and on August 21 Livingston reported the following clause upon the militia from that committee:-

'To make laws for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service 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 the United States.'

This proposal was taken up by the Convention on August 22 and continued on the 23rd, and considerable difference of opinion appeared. Some thought the clause took from the States the control of the militia to too great an extent, and made motions to remedy this, while others wanted still further to limit the control exercised by them. Madison, for instance, wanted only to reserve to them the appointment of officers under the rank of general officers. Quite a little temper was displayed, Gerry saying ironically that we had best go one and destroy the States at once and have an executive for life; he wondered at the attempts made that really tended to this result. <<<<<>>>>, and the section as reported agreed to in separate parts, and later referred to the Committee on Style; they made merely a verbal change, and reported it as follows:-

'To provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the [service 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;'

On September 14, during the comparison by the Convention of the report of the Committee on Style with the articles agreed on, Mason moved an amendment to this clause intended to lessen th danger from standing armies in time of peace, which belongs rather in this work to the clause giving the power to raise armies, and there is considered (Article I., Section8, Clause 12)."