New-York daily tribune., 1859-05-18
SUPREME CoURT-spEcrAL TERN-MAyr.-Bcfore
Iudg. (IEREE

THE TWELFTH REGINENT CAsR-INPORT Ant OPINION.
he cs rs y the T M Rssnen nj i 1T Byi ion Of The
State Militia, ag John Even BhgadieEGeners Of the 9TH
The Governor, in his capacity of Commander-in-
Chief q the Military forces of the State Issued order the
Gth March last for the consolidation Of the Companies c,mpos
ing 2h gment Of the ih Brigade Of ths L Division o
the Militia with the Compsnes Of the 10Th Regiment Of
eslnent i he requisite Numerical rcsinets
separately having fan the two I, annual inspections, be-
gw standard required BY law and the good Of the service
The order issued upon the Of Cen Sand
ford the Asornera u the Division and Of Gen Even the
Bdgsde Gen. raj oi the ih bngade On tue @in Micn at
E.u required by the order q mis- superior h issued
bis orden 90 complete ths eonsds on Inc esloi 29tsd
alternative maudsnrs from ms G"ni, corn.nahons
Even selma aud ryose tots order, or maze hn0"n 10 e
Cont Why be should no. do the sans 10 as r ~, ~
in question as Issued PaLgaI and 10 oeedeps to 'e orders
tended behalf Of the relsto that this order destroys % I'M
pair, his ga and constitutional rights and that no authority
This Cour has undoubtedly the Powerof redre'pg OF RENE
dying any usurpaion sbus Of snthory BY any IN
Ccus or association individuals within the STATE This
power extends oil and all aud certainly the military or
anch f the p0b eryce beyond the control and supervision Il
the tribunal possessing tie highest orzna civil jurisdiction,
would eopaFdzlr The civil rights Of The etzens and 10
the course of time terminate In the seendaney Vi the military
power and The subv.rsion of Constitutional so'ernnent
.rd eZ~rsye risdn over all brsnches Of public .rrger
every department II the Government t. Coaf has no
power the legitimate eNrfe Of authority and
Viii refrain from employing tie power d0e. possess. pareu
larry b. nsudauu doubtful or on insApedent oeca
The rels,or dputs the legal right Of tie Chief
consolidate companies and regiments.
II be psuaby eOntsnded that his - rgnt inn,fet ia
his command Whou, ii could military iOre DE- rendered
Efficient particularly in period Il disturbance not Or n'aTrec
ou How be- the officers subordinate % bin, oThi
ihe- nhiDtpn feet ;boe msneager carry oui those
srsfezca operations, heh s1rsTgence. may req ire
wiht. having the pJer form into bodies d men who
s.paTztsd the mercy Of hostile forcewonh b. III
OF resisting pisng the offensive
ures which person command may deem deabie' u,
then pTof o scusl service such antonfy nsces
.h0d s. perid Of pnol' trar-
guilty observation that the bee, way - avoid
war prepared Tor H. And IL The best
Of avoiding have the military ofes
ped discipline and OEsnzstlon and II siab.
a. thai l. aa able ith ths react possible e ency
and Dispatch 49,,
Boz H. relstor insists that this Of cousodsing com
paui and iexut. does exist in tne Commander In Chef
because although exprzsy given 10 him By itqe s.
4 a. 1854 Laws q 1874, lel5 recon-
.tructrz militia, TN. power degnsdly omitted Uadodbt
edv. th. correspondence titIs aud article Of tn rev
Til Aiole H. the lection 0i the old expressly con
ferrls poeT (. III. but dos his amount % reps
We know hat ag,hDg D. paed By implication AID s