Columbus Democrat. [volume] (Columbus, Miss.) 18??-18??, 1851-03-22

aiive 10 lie general subject And e.asasn..
cate. also. eaFiea & sereqhr disPaiel. is.a1
.gei,led llou ne Depainachl 4 State d, lIs DIS
triel attorney and mars1al q he Q. iSlaies Is
the district p tlassarhasesis, and their aasxcts
thereto.
In regard 70 TIE last bnneh II the snon;fp
made ~ he resolution Of The Senate. have h
observe that HE constitution declares thar eibs
President shalI take care that he laws Be fsiib.
eilly executed. and that che shan be eo.nhsn.
der mischief Of he afmy and nagyof The uni.ed
States, and o. the militia Of he several States
when called into the aclual service 81 he u. s. y
aud that sC6ngress shall have power 10 provide
Iar calling forth the militia 70 execute ihs laws of
the Union, suppress insnFEeelien, and fepeI INA.
sions. Fnm which i appears that ,he army
and navy are, hy the constitution, placed under
the sonirnl The Executive: and probahIy no leg.
islalion Of Congress could add u q diminish the
power thus given. batby increasing Of diminish.
ing, or abolishine al,Ogsfher, The army and navy.
But act so with the militia. The President cans.
noscall militia Into service, even 10 eKecutst the
lafs OF repel insaslons. out By the authority b.
y6cls Of Congre passed Ipr thai purpose. But
when the militia arc called into service ii he
manner prescribed hy law. then The constitution
itself gives the command lnihe President. Act-
Ing on this principle, Congress By the act Of
February -, lIl5, authorized The pgefidentto
call 10Th The miiilin q mpel invasion, aud s'sup.
press insurrectivas against q State government.
and % suppress combinations agans. the laws II
the Z. 8, and Cause the laws 10 be iaitSiullyex.
eculed. But the acl proceeds 10 declare that
whenever II may be necessary, In the Judgment
0fthe President 10 usa the military lorce thereby
directed 10 be called firth, the President shall
forthwith BY proclamation, command such insur.
gents to dispense. and peacHafi III TO their
respective abades within a limited time. These
words are broad enough % require proclama-
lion IN all cases whctc militia are called oul in
der that act, whetherio rerel invasion. OF sup.
press an insurrcciion, o. % aid IL executing thcy
avs. This section has, consequently, creaps
some doubt whether he militia could be caNsd
forth 10 aid In executing the laws without d pres
viuus proclamation. But yet tho proclamation
seems TO be IL words directed only against insur.
gents. and to require them % dispefse; thereAx
implying not only al insurrection, but an organ
lid, or at least an embodied force. Such 4
proclamation in aid d the civil authority would
Dnen defeat the whole uhjeci, BY giving such no. 7.
lice 10 persons intended 10 be arrested that they
would be enabled 70 iii OF secree ihemselyessk
The force may be wanted sometimes 10 makelhe
arrest, and also sometimes 70 protect the officer
nteE Il Is made. and 70 prevent rescue. ! wsud.
therefore, suggest thai this section be inodified
by declaring that nothing therein contained shall
be construed 10 require any PREVIOUS proclanaa>
lion when The militia are called urih. either 70
repel invasion, To execute the luws. ur suppress
combinations against them; and that the Presi-
dent may make such call apd place such militia
under the control ofany civil officer of the U y.
@ aid him IN executing the laws or suppFessing
snchcombnatlons; aud, while 20 employed, they
shall BE- paid BY aud subsisted 81 the expense Of
The Y. >.
Congress- not probably adsefiing 70 the differ.
cncc between the militia and The regular army.
BY the act 81 March 3, 1907, authorized the Press
the Iandand nayaldoscas ols The u. y.
ior iha same purposes for which he might call
forth the militia, and subject g The same procla.
nation. But the power Of the President, under
the constitution, as commander 81 the army and
navy, IL general; and BIZ duty ~ see the laws
iaiibflIy executed Il general and positive; ard
ibe act II 1907 ought mol 70 DO construed as
eyiucnr any disposition ii Congress 10 limit Or
restrain This constitutional authority. For great
W certainty, however, il may be well that Cons
gress shonld modify Or explain this eel inregafd
10 III provisions turlhe employment Of lhearmy
anlnayy ofihe U. s., as well sinai u regard %
calling forth the militia. itis supposed not %
he doubtful that al cilzens whether enrolled in
The militia moi, may b. summoned a. members
IN the nasse cOulitalns either by the marshal or
commissioner, acsv,u'is 'saaw' ar,a ~
inef uuy ~ u'y Fuo'' ea''''''''' ps'"rpe