MILITARY. That which belongs or relates to the army.
MILITIA. The military force of the nation, consisting of citizens
called forth to execute the laws of the Union, suppress insurrection and repel
2. The Constitution of the United States provides on this subject as follows:
Art. 1, s. 8, 14. Congress shall have power to provide for calling forth the
militia to execute the laws of the Union, suppress insurrections, and repel
3. - 15. 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.
4. Under the clauses of the constitution, the following points have been
1. If congress had chosen, they might by law, have considered a militia man,
called into the service ot the United States, as being, from the time of such
call, constructively in that service, though not actually so, although he should
not appear at the place of rendezvous. But they have not so considered him, in
the acts of congress, till after his appearance at the place of rendezvous:
previous to that, a fine was to be paid for the delinquency in not obeying the
call, which fine was deemed an equivalent for his services, and an atonement for
5. - 2. The militia belong to the states respectively, and are subject, both
in their civil and military capacities, to the jurisdiction and laws of the
state, except so far as these laws are controlled by acts of congress,
6. - 3. It is presumable the framers of the constitution contemplated a full
exercise of all the powers of organizing, arming, and disciplining the militia;
nevertheless, if congress had declined to exercise them, it was competent to the
state governments respectively to do it. But congress has ex- ecuted these
powers as fully as was thought right, and covered the whole ground of their
legislation by different laws, notwithstanding important provisions may have
been omitted, or those enacted might be beneficially altered or enlarged.
7. - 4. After this, the states cannot enact or enforce laws on the same
subject. For although their laws may not be directly repugnant to those of
congress, yet congress, having exercised their will upon the subject, the states
cannot legislate upon it. If the law of the latter be the same, it is
inoperative: if they differ, they must, in the nature of things, oppose each
other, so far as they differ.
8. - 5. Thus if an act of congress imposes a fine, and a state law fine and
imprisonment for the same offence, though the latter is not repugnant, inasmuch
as it agrees with the act of the congress, so far as the latter goes, and add
another punishment, yet the wills of the two legislating powers in relation to
the subject are different, and cannot subsist harmoniously together.
9. - 6. The same legislating power may impose cumulative punishments; but not
different legislating powers.
10. - 7. Therefore, where the state governments have, by the constitution, a
concurrent power with the national government, the former cannot legislate on
any subject on which congress has acted, although the two laws are not in terms
contradictory and repugnant to each other.
11. - 8. Where congress prescribed the punishment to be inflicted on a
militia man, detached and called forth, but refusing to march, and also provided
that courts martial for the trial of such delinquent's, to be composed of
militia officers only, should be held and conducted in the manner pointed out by
the rules and articles of war, and a state had passed a law enacting the
penalties on such delinquents which the act of congress prescribed, and
directing lists of the delinquents to be furnished to the comptroller of the
United States and marshal, that further proceeding might take place according to
the act of congress, and providing for their trial by state courts martial, such
state courts martial have jurisdiction. Congress might have vested exclusive
jurisdiction in courts martial to be held according to their laws, but not
having done so expressly, their jurisdiction is not exclusive.
12. - 9. Although congress have exercised the whole power of calling out the
militia, yet they are not national militia, till employed in actual service; and
they are not employed in actual service, till they arrive at the place of
rendezvous. 5 Wheat. 1; Vide 1 Kent's Com. 262; 3 Story, Const. 1194 to
13. The acts of the national legislature which regulate the militia are the
following, namely: Act of May 8, 1792, 1 Story, L. U. S. 252; Act of February
28, 1795, 1 Story, L. U. S. 390; Act of March 2, 1803, 2 Story, L. U. S. 888;
Act of April 10, 1806, Story, L. U. S. 1005; Act of April 20, 1816, 3 Story, L.
U. S. 1573; Act of May 12, 1820, 3 Story, L. U. S. 1786 Act of March 2, 1821, 3
Story; L. U. S. 1811.
MILL, estates. Mills are so very different and various, that it is not
easy to give a definition of the term. They are used for the purpose of grinding
and pulverising grain and other matters, to extract the juices of vegetables, to
make various articles of manufacture. They take their names from the uses to
which they are employed, hence we have paper-mills, fulling-mills, iron-mills,
oil-mills, saw-mills, &c. In another respect their kinds are various; they
are either fixed to the freehold or not. Those which are a part of the freehold,
are either watermills, wind-mills, steam-mills, &c.; those which are not so
fixed, are hand-mills, and are merely personal property. Those which are fixed,
and make a part of the freehold, are buildings with machinery calculated to
obtain the object proposed in their erection.
2. It has been held that the grant of a mill; and its appurtenances, even
without the land, carries the whole right of water enjoyed by the grantor, as
necessary to its use, and as a necessary incident. Cro. Jac. 121, And a devise
of a mill carries the land used with it, and the right to use the water. 1 Serg.
& Rawle, 169; and see 5 Serg. & Rawle, 107; 2 Caine's Ca. 87; 10 Serg.
& Rawle, 63; 1 Penna. R. 402; 3 N. H. Rep. 190; 6 Greenl. R. 436; Id. 154; 7
Mass. Rep. 6; 5 Shepl. 281.
3. A mill means not merely the building, in which the business is carried on,
but includes the site, the dam, and other things annexed to the freehold,
necessary for its beneficial enjoyment. 3 Mass R. 280. See Vide 6 Greenl. R.
4. Whether manufacturing machinery will pass under the grant of a mill must
depend mainly on the circumstances of each case. 5 Eng. C. L. R. 168; S. C. 1
Brod. & Bing. 506. In England the law appears not to be settled. 1 Bell's
Com. 754, note 4, 5th ed. In this note are given the opinions of Sir Samuel
Romily and Mr. Leech, on a question whether a mortgage of a piece of land on
which a mill was erected, would operate as a mortgage of the machinery. Sir
Samuel was clearly of opinion that such a mortgage would bind the machinery, and
Mr. Leech was of a directly opposite opinion.
5. The American law on this subject, appears not to be entirely fixed. 1
Hill. Ab. 16; 1 Bailey's R. 540; 3 Kent, Com. 440; see Amos & Fer., on
Fixt., 188, et seq.; 1 Atk. 165; 1 Ves. 348; Sugd. Vend. 30; 6 John. 5; 10 Serg.
& Rawle, 63; 2 Watts & Serg. 116; 6 Greenl. 157; 20 Wend. 636; 1 H. Bl.
259, note; 17 S. & R. 415; 10 Amer. Jur. 58; 1 Misso. R. 620; 3 Mason, 464;
2 Watts & S. 390. Vide 15 Vin. Ab. 398; Dane's Ab. Index, h. t. 6 Cowen,
MILL, money. An imaginary money, of which ten are equal to one cent,
one hundred equal to a dime, and one thousand equal to a dollar. There is no
coin of this denomination. Vide Coin; Money.
MILLED MONEY. This term means merely coined money, and it is not
necessary that it should be marked or rolled on the edges. Running's case,
MIL-REIS. The name of a coin. The mil-reis of Portugal is taken as
money of account, at the custom-house, to be of the value of one hundred and
twelve cents. Act of March 13, 1843.
2. The mil-reis of Azores, is deemed of the value of eighty-three and
one-third cents. Act of Match 3, 1843.
3. The mil-reis of Maderia, is deemed of the value of one hundred cents.
MIND AND MEMORY. It is usual in considering the state of a testator at
the time of making his will, to ascertain whether he was of sound mind and
memory; that is, whether he had capacity to make a will. These words then import
MINE. An excavation made for obtaining minerals from the bowels of the
earth, and the minerals themselves are known by the name of mine.
2. Mines are therefore considered as open and not open. An open mine is one
at which work has been done, and a part of the materials taken out. When land is
let on which there is an open mine, the tenant may, unless restricted by his
lease, work the mine; 1 Cru. Dig. 132; 5 Co. R. 12; 1 Chit. Pr. 184, 5; and he
may open new pit's or shafts for working the old vein, for otherwise the working
of the same mine might be impracticable. 2 P. Wms. 388; 3 Tho. Co. Litt. 237; 10
Pick. R. 460. A mine not opened, cannot be opened by a tenant for years unless
authorized, nor even by a tenant for life, without being guilty of waste. 5 Co.
3. Unless expressly excepted, mines would be included in the conveyance of
land, without being expressly named, and so vice versa, by a grant of a mine,
the land itself, the surface above the mine, if livery be made, will pass. Co.
Litt. 6; 1 Tho. Co. Litt. 218; Shep. To. 26. Vide, generally, 15 Vin. Ab. 401; 2
Supp. to Ves. jr. 257, and the cases there cited, and 448; Com. Dig. Grant, G 7;
Id. Waifs, H. 1; Crabb, R. P. 98-101; 10 East, 273; 1 M. & S. 84; 2 B. &
A. 554; 4 Watts, 223-246.
4. In New York the following provisions have been made in relation to the
mines in that state, by the revised statutos, part 1, chapter 9, title 11. It is
enacted as follows, by
1. The following mines are, and shall be, the property of this state, in its
right of sovereignty. 1. All mines of gold and silver discovered, or hereafter
to be discovered, within this state. 2. All mines of other metals discovered, or
hereafter to be discovered, upon any lands owned by persons not being citizens
of any of the United States. 3. All mines of other metals discovered, or
hereafter to be discovered, upon lands oned by a citizen of any of the United
States, the ore of which, upon an average, shall contain less than two equal
third parts in value, of copper, tin, iron or lead, or any of those metals.
6. - 2. All mines, and all minerals and fossils discovered, or hereafter to
be discovered, upon any lands belonging to the people of this state, are, and
shall be the property of the people, subject to the provisions hereinafter made
to encourage the discovery thereof.
6. - 3. All mines of whatever description, other than mines of gold and
silver, discovered or hereafter to be discovered, upon any lauds owned by a
citizen of the United states, the ore of which, upon an average, shall contain
two equal third parts or more, in value, of copper, tin, iron and lead, or any
of those metals, shall belong to the owner of such land.
7. - 4. Every person who shall make a discovery of any mine of gold or
silver, within this state, and the executors, administrators or assigns of such
person, shall be exempted from paying to the people of this state, any part of
the ore, profit or produce of such mine, for the term of twenty-one years, to be
computed from the time of giving notice of such discovery, in the manner
8. - 5. No person discovering a mine of gold or silver within this state,
shall work the same, until he give notice thereof, by information in writing, to
the secretary of this state, describing particularly therin the nature and
situation of the mine. Such notice shall be registered in a book, to be kept the
secretary for that purpose.
9. - 6. After the expiration of the term above specified, the discoverer of
the mine, or his representatives, shall be preferred in any contract for the
working of such mine, made with the legislature or under its authority.
10. - 7. Nothing in this title contained shall affect any grants heretofore
made by the legislature, to persons having discovered mines; nor be construed to
give to any person a right to enter on, or to break up the lands of any other
person, or of the people of this state, or to work any mines in such lands,
unless the consent, in writing, of the owner thereof, or of the commissioners of
the land office, when the lands belong to the people of this state, shall be
MINISTER, government. An officer who is placed near the sovereign, and
is invested with the administration of some one of the principal branches of the
2. Ministers are responsible to the king or other supreme magistrate who has
appointed them. 4 Conn. 134.
MINISTER, international law. This is the general name given to public
functionaries who represent their country abroad, such as ambassadors, (q.v.)
envoys, (q.v.) and residents. (q.v.) A custom of recent origin has introduced a
new kind of ministers, without any particular determination of character; these
are simply called ministers, to indicate that they are invested with the general
character of a sovereign's mandatories, without any particular assignment of
rank or character.
2. The minister represents his government in a vague and indeterminate
manner, which cannot be equal to the first degree; and be possesses all the
rights essential to a public minister.
3. There are also ministers plenipotentiary, who, as they possess full
powers, are of much greater distinction than simple ministers. These also, are
without any particular attribution of rank and character, but by custom are now
placed immediately below the ambassador, or on a level with the envoy
extraordinary. Vattel, liv. 4, c. 6, 74; Kent, Com. 38; Merl. Repert. h. t.
sect. 1, n. 4.
4. Formerly no distinction was made in the different classes of public
ministers, but the modern usage of Europe introduced some distinctions in this
respect, which, on account of a want of precision, became the source of
controversy. To obviate these, the congress of Vienna, and that of Aix la
Chapelle, put an end to these disputes by classing ministers as follows: 1.
Ambassadors, and papal legates or nuncios. 2. Envoys, ministers, or others
accredited to sovereigns, (aupres des souverains). 3. Ministers resident,
accredited to sovereigns. 4. Charges d'Affaires, accredited to the minister of
foreign affairs. Recez du Congres de Vienne, du 19 Mars, 1815; Protocol du
Congres d' Aix la Chapelle, du 21 Novembre, 1818; Wheat, Intern. Law, pt. 3, c.
5. The act of May 1, 1810, 2 Story's L. U. S. 1171, fixes a compensation for
public, ministers, as follows
1. Be it enacted, &c. That the president of the United States shall not
allow to any minister plenipotentiary a greater sum than at the rate of nine
thousand dollars per annum, as a compensation for all his personal services and
expenses; nor to any charge des affaires, a greater sum than at the rate of four
thousand five bundred dollars per annum, as a compensation for all his personal
services and expenses, nor to the secretary of any legation, or embassy to any
foreign country, or secretary of any minister plenipotentiary, a greater sum
than at the rate of two thousand dollars per annum, as a compensation for all
his personal services and expenses; nor to any consul who shall be appointed to
reside at Algiers, a greater sum than at the rate of four thousand dollars per
annum, as a compensation for all his personal services and expenses; nor to any
other consul who shall be appointed to reside at any other of the states on the
coast of Barbary, a greater sum than at the rate of two thousand dollars per
annum, as a compensation for all his personal services and expenses; nor shall
there be appointed more than one consul for any one of the said states:
Provided, it shall be lawful for the president of the United States to allow to
a minister plenipotentiary, or charge des affaires, on going from the United
States to any foreign country, an outfit, which shall in no case exceed one
year's full salary of such minister or charge des affaires; but no consul shall
be allowed an outfit in any case whatever, any usage or custom' to the contrary
6. - 2. That to entitle any charge des affaires, or secretary of any legation
or embassy to any foreign country, or secretary of any minister
pleni-potentiary, to the compensation hereinbefore provided, they shall,
respectively, be appointed by the president of the United Staies, by and with
the advice and consent of the senate; but in the recess of the senate, the
president is hereby authorized to make such appointments, which shall be
submitted to the senate at the next session thereafter, for their advice and
consent; and no compensation shall be allowed to any charge des affaires, or any
of the secretaries hereinbefore described, who shall not be appointed as
aforesaid: Provided, That nothing herein contained shall be construed to
authorize any appointment, of a secretary to a charge des affaires, or to any
consul residing on the Barbary coast; or to sanction any claim against the
United States for expenses incident to the same, any usage or custom to the
7. The Act of August 6, 1842, sect. 9, directs, that the president of the
United States shall not allow to any minister, resident a greater sum than at
the rate of six thousand dollars per annum, as a compensation for all his
personal services and expenses: Provided, that it shall be lawful for the
president to allow to such minister resident, on going from the United States to
any foreign country, an outfit, which shall in no case exceed one year's full
salary of such minister resident.
MINISTER, eccles. law. One ordained by some church to preach the
2. Ministers are authorized in the United States, generally, to marry, and
are liable to fines and penalties for marrying minors contrary to the local
regulations. As to the right of ministers or parsons, see Am. Jur. No. 30, p.
268; Anth. Shep. Touch. 564; 2 Mass. R. 500; 10 Mass. R. 97; 14 Mass. R. 333; 3
Fairf. R. 487.
MINISTER, mediator. An officer appointed by the government of one
nation, with the consent of two other nations, who have a matter in dispute,
with a view by his interference and good office to have such matter
MINISTERIAL. That which is done under the authority of a superior;
opposed to judidial; as, the sheriff is a ministerial officer bound to obey the
judicial commands of the court.
2. When an officer acts in both a judicial and ministerial capacity, he may
be compelled to perform ministerial acts in a particular way; but when he acts
in a judicial capacity, he can only be required to proceed; the manner of doing
so is left entirely to his judgment. See 2 Fairf. 377; Bac. Ab. Justices of the
Peace, E; 1 Conn. 295; 3 Conn. 107; 9 Conn. 275; 12 Conn. 464; also Judicial;
MINISTERIAL TRUSTS. These which are also called instrumental trusts,
demand no further exercise of reason or understanding, than every intelligent
agent must necessarily employ as to convey an estate. They are a species of
special trusts, distinguished from discretionary trusts, which necessarily
require much exercise of the understanding. 2 Bouv. Inst. A. 1896.
MINOR, persons. One under the age of twenty-one years, while in a
state of infancy; one who has not attained the age of a major. The terms major
and minor, are more particularly used in the civil law. The common law terms are
adult and infant. See Infant.
MINORITY. The state or condition of a minor; infancy. In another
sense, it signifies the lesser number of votes of a deliberative assembly;
opposed to majority. (q.v.)