The Sumter banner. [volume] (Sumterville, S.C.) 1846-1855, 1852-01-13
q HsEe s..-TWo Dollars secs gnss iI sl,iiss, Ii,
tl@skas.s Hil Advances. sfss, 49,

+,'tLia3Cs2ts <l&f SO - tf iyG SSssy1E
the Government. that the President
was confincd to the militia, s.to sup
press insnrections "a gninstt the State
government and sf, to suppress COM
hinations against the laws of the
United Statcs.'aa If &5g ~ pis
The act of 1895 indicates the
occasions and prescribesthe manner
in which-thc militia shall be called
out and employed. .llle President
cannot order out the militia, to sup
press sinsurrcction 8againstthe State
government, without being called on
to do so BY the. legislative or executive
authority Of the State concerned, ,:,sis
10 suppress combinations against
the laws of tile e9Unitea States, it is
the duty Of the President to'judgc Of
the occasion for calling out, and en-
ploying the militia, it wos made the
duty, by the ACT referred to, to issue
his proclamation as previous
warning to the employment Of force.
This provision was founded in
usage, and has had the sanction of
time, trial, and experience. II is
but tho warning voice of forbcaring
Government. There might be some
occasions when the interval between
such Warning and the actual employ
ment Of force might be Of some dura-
ton. Other occasions might be
such rs to require the force to follow
in quick succession tc the warning of
proclamation. Tile order to call
out tic militia and the proclamation
might enanate; at, the same time.
II! seems to have been in contem-
plation by the act of 1896 to put at
the disposni Of the President quasi
military posse c9mitatus of citizen
soldiers, TO maintain the dominion of
the laws, in which they had the inter-
est of citizens. It was to make use
of one class Of citizens to bring an
other to sense of justice and a
proper submission to the law,I np-
prove its wisdom. An insurrection
would be much m91sf easily os,sSiiffead
l,s sssa Y !,
citizens, than by the omploYinsnG ot
trained and organized array, whose
only Influence would be the employ
lncnt Of force. An overwhelming
force might begcmployed in the first
case, whilst the other might only be
strong enough to provoke collision,
and end in blood. Whatever might
be the views of our ancestors, it is
certain that until 1907 the militia
was the only force put at the disposal
Of the President to suppress insurrcc-
ton, &c. ..-
'l'be act OF 1907 is in ihcso words:
That in Cases OF nsurrcction or OBJ
slruc,on 10 The laws e,bcr ofthc Uni
ted Slu,ts or Of my individual State or
Territory, where Il is lawful for The
President Of ,bc United ,S,uies 10 call
l"r;h The militia ior supprcssng such
insnrrcciion or cn,sjng tile laws 10 be
duly executed, it shull he lawful for
him 10 employ f2T tic same purpose
! such pail Of The land and naval force
as sl'nIl bc necessary. haring first OBJ.
scrrcd aAhe Prerequisites Of nc I'm, in
thai respect Z, s.i
'Suilar as ii regards The employment
OF The army and nRsnl force, The Presi.
dent maintains lhni'hc is subject 10 no
prerequisites ofi'.e nets referred TO, bu,
that they arc absolutely nj lis COM
tnnd lnnnnd torilc Pittpusts indicated.
The words of The President gre:
'Congres<, noi probably ;ldye5ling TO
the difference belwGelrthc militia and
.Ilie regular army by .hc act of March
3, 1907, authorized Tie PresileD, 10
use The land and nayai forces of tbe
United States for The same purposes Tor
which he might call firth The militia,
end svgcci 10 ne same proclamation: =
But l!e PpWer, of lhc Presiden, updcr
jue Constitution us commander OF lie
army and navy is general, and his dnly
TO see the laws executed is general md
ositirc; and the actof 9lSU7 nugh, moi
10 be construed as cvincing any dispo
slion in Congress- to limit or restrain
any Of his coHslilullonal authority.
The import Of which is, 'Iiar the
President may use lbe Arny and Ma
Wy as be may l'lhik proper under the
tleIliude oil his constitutional authority, !
and that ht Is moi constrained by ll,c !
acl OF 1907, nor can he, be restrained
BY amy ncl of Congress. Being CT of.
GO commauder, he cpn use HE. Army |
III snppressing insarrgp:bns in man-
ner different iron that i,i which lie il
required 10 use The tnili,inHN 3aGaE
For the specific and Sometimes deli. I
cate purposes. indicated. | think Con.
&resS has The direciion Of lie President.
When uclnal'y in command iorrtIcll
ing irvNsion oe for any other pas itssss,
10 must exercise hisOwn iudsnsnb,in.
der his INSTITUTIONAL tt.scrttien. In
one one sentence deny that tie President
hhns alIrlsSgh! 10 employ lha Army and [
Navy 'oonsupPreissNg{ ,insurrectpn, &SIc.,
Wltlloul Observing the same DrcrG0ui.