Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1851-03-06

spatches transmitted from The Department
OF State to the District Attorney aud Mar
shal Of the United States for the District of
Ma sachnscits, and their answers thereto. -
In regard to the iaw branch of the inquiry
made by the resolution Of the Senste have
To observc, that the Constitution declares
that tie President hail take care that tho
! laws be faithfully executed. and that he shall
he Commander-in-Chiefo of the ARMY and
Navy Of the United States. aud of the States
when called into the actual service Of the
United States, and that Congress shall have
power to provide for calling upon the milf
TIA TO execute the laws Of the Union. sup
press insnrteclion aud repcl lnvasious from
which II appears that the Army aud Navy
are, by the Constitution, placed under the
control OF the Executive; aud probably no
legislllion of Congress could add to or d.
'ninish the power ttus gwen, hut by IN
crcasng or diminishing. or abolishinr alto
gether the Army and Navy. Bu, not so
with the militia. The President cannot
call out the militia into service, even to ex-
ecue the laws or rcpcl INVASION bll by the
authority of acts OF Congress- passed for
that purpose. But when the militia are cali
ed into service m the manner prescribed hy
law, the Constitution itself gives the COM
mand TO the President. Acting on this
principle, Congress, by the act of Feb 2slh,
/ l705, authorized the President IL call forth
The militia to repel invasion and suppress
lnsurrectIons against a State Government,
and to suppress combination against the laws
of the United States, and cause the laws To
be Faithfully executed, but the act proceeds
To declare that whenever 1t may be neces-
sary IN the judgment of the President to use
the military force, thereby directed to be
called forth, the President shall forthwith
/ by proclamation, communal such insurgents
to disperse and retire peacefully TO their re-
spective abodes wliihn Hunted time
/ These words are broad enough to require a
proclamation n al! cases where the militia
are called out under that act whether to re-
pei invasion or suppress insuneston, OF to
aid IN executing the laws. This section
has consequently some doubt whether the
militia could be called forth IA executing the
laws without a proclamation, but yet the
proclamation seems To be ~ words directed
Only against insurgents and to require them
TO disperse, thereby implying not oniy an in
surrectiph, but an organized. OF at least an
embodied torce Such proclamation ia
aid OF the civil authority would often dcleat
tie whole object, by giving such notice to
persons intended to be arrested that they
would be enabled 10 iig or secrete thoni-
selves. The force may be wanted some-
tlmca to make the arrest, and also, some
times, toptotect the officer after II is made
and to prevent a rescue. would, there
fore suggest that this section be modified,
By declaring that nothing therein contained
snail be construed to require any previous
/ proclamation, when the militia are called
turIh, either 10 repel invasion, 10 execute The
laws or TO suppress combinations agalRs,
them; and that the President may maze
such a call and place such militia under the
control Of aug cisii officer OF The United
States, to aiJ him IN executing the Lass or
suppressiug such combinations. aud while
50 employed, they shall be PAID by and sub
sisted at the expense of the Unued States.
Congress not prob .hly adveuing to the DIFF
ference between the militia aud the regular
army, by the act Of March 3, 1897, autHor-
lzed ihe President 10 nse the land and na-
val force OF the United States for the same
purposes for which he might call forth lhe
mililIa, and subject 10 the same pfoy.sio
Bat the power OF the President under the
Constitution, as Commander of the Army
and Navy, is general, aad his duty 10 see
the laws faithfully executed is general aud
positive, aud the act OF 1897 ought not TO
be construed as o,incing any disposition of
Congress to limit or Restrain this Constllu-
tiunal authority At may he well that Con-
gress shoudi'nodly or explain this ACT ia re-
gard TO lis provisions for the employment of
the Army aud Navy Of the United States,
as well as that IA regard 10 calling forth the
militia. Ii is supposed not to be doubtful
lha, all citizens, whether enrolled in the mi
litia or not, may be summoned as members
of the posse comitatus. either bv the VI ar
shat or Commissioner according to Law,
ana int n Is Their DUTY To obey
mons. But perhaps It may be doubted
whether the Marshal or Commissioner an