The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1851-03-05

-ANNAGN- lIleEuAEl ~ NlAE AAA- - N-tl -
ihe uniied States. and Ol Ihs mililia. ol
lhe several States. shsn called into the
srsual ssr.ics Of the United Slsless" and
Thai {. Congress shall hare power 10 pro.
vide far calling fonh she militia 10 sxeeule
she laws az lhs Union. suppress insunfe-
lions and rrpel inrasions." From which
u appears shkl fhe army and navy are. BY
the constitution. plzr~d bndrr The ronlrol
of The EXECUTIVE. and rfossbly M ieris-
lslion Of Congress rould add IN or diminish
The power thus given. hot by increasing
or diminishing OF sbolishins altogether The
army and nary. But not On with The mil.
IA. The President esnnoI call ihs mile
ia inio service. errn 10 execute The laws
or repei invssions. bul hy The aushoriiy Of
scis III Congress passed for ihal purpose.
Blu, when lhe militia are called into SER
wire. IN the manner prescribed BY Law.
ihen The constitution itself gives The rom
msnd 20 the President. Acting on this
prinriple. Congress. By the art Of Febsua-
~ %. 1895. authorized the President in
call forth The militia io repel INVASION and
% suppress instructions against = Stale
Gavrrnmspl. and TO suppress eombina.
tons againstIh~ Laws Of The United Sisles.
and rau-s The laws 10 be faithfully exrru-
ird." But ihe acl proc~eds 10 de-lare
that. whenever il may be necessary. in The
judgment of the President. Ia use The mi.
liiary fnres iherehv directed 10 be rallied
Firth. The President shall forthwith. by
proclamation. c.mmand surh insurgents
IN dispense. and retire pe,ceably TO their
respective sbodes. within limited iime.
These words are broad enough 10 require
proclamation in all rAsss whrre militia
are called oul under thai arL whether IN
repel invasion ~ suppress an insuUfr,ian.
or 10 aid 10 executing the laws. This
ser,ion has. consequently. created anne
dnnhi whether The mililia could he called
firth To aid ip executing ,he laws without
previous proclamation. But yrl the
proclamation serms To he in words directed
only sgainsi insurgents. aud 10 reauire
them 10 disperse. thereby implying moi
only an insurreclion. but an organized. or
=, least an embodied fnrre, Such . pro.
rlamalion in aid Of the civil authority
would pfien defeat The whole object by
giving SUCH notice 10 persons intended 10
he arrested that they would he enabled 10
hy or secretc themselves. The force may
be wanted sometimes 10 make the arrest.
and also sometimes TO project the officer
after il is made. and 10 prevent = rescue.
! would therefore suggest that this section
be modified by declaring that nothing
therein contained sshall be construed ~
require any previous proclaim alton. when
The militia ARE called forth either 10 repel
invasion, 10 execute shc lays. ur suppress
combinations against them; and that the
President mag make such call. and place
such militia under The control Of any civil
officer Of the United States, TO aid him in
eyeculing the laws or snppressinR such
combinations; aud while 90 employed. they
shall be paid by and subsis,ed Al the ex.
pen,e Of The United States.
Congress. not probably adveriing to the
difference between the militia and the re-
gnlar army. BY the act of March 3. 1907,
aulhorizcd the President 10 use Tie land
and naval forces Of the United States for
the same purposes for which he nigh. call
forth the militia. and subject 10 the same
proclamation. Bui the power OF the Pre-
sideni. under the Constitution. as CON
mander Of The army and navy. is general
and his duty 10 see the laws faithfully ex
ecuied is general and posilive, and The &C
Of 1907 ought not TO br construed as evin
cing my disposition in Congress to limi
ar restrain this constitutional authority
For greater rerniniy, however. IL ma,
he we'll that Congress should modify o
! explain this ac'. in regard " its provision
( l,r the EN- lnyinenl nf The army aud nav,
: Of The United States. as well a. ,ha, i
!. regard To calling forth the militia. !.
!. supposed not 10 be doubtful that all Cit
!. zens. whether enrolled in the militia a
!. not. may be summoned az members Of T.,
/. posse romiiaius. either by The marshal q
r commissioner. according 10 lawj an
!. that ills their duty to obey such summon,
: Hut perhaps j, may be dmb,ed whetht
Z The marshal ora commissioner can sun
!. mon as the posse CONTAINS an organize
i militia force. acting under is own appre
: pirate officers. without the consen. of sue
. Officers. This poin, may deserve III
!. consideration of Congress.
;. lu>e this OCCASION To repeat the assn
!. ance. that. so far as depends upon me, III
5, laws shall be failhfrIly executed. and a
:. Inrcible opposiiion 10 them suppressed
"a and TO this end am prepared inexcrcis
whenever il may become necessary. III
}. power cnnSiituiinnally vested in me 10 III
o f"lles, extent. I am fully persuaded Iii
! The grea. majority of The people Of III
e country are warmly and strongly a
: tached to the Constitution. The presses. aiiu
j. Of the Union. the jus, support of the Go,
:. eminent. and The maintenance of the a,
i, ihoriiy Of law. am persuaded that he
N earnest wishes and The line Of nv ronsl
,e tuii"nal duty entirely concur: and do.
# not hrmnrss. moderation. and prudenc,
sIrengh ened and animated bv The oene