The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-04-04
Mobilization OF the Constitution and
Militia Laws OF Congress IN W1sc0n-

Militia Laws OF COngreSs IN W1scOn-
REPORT OF THE MINORITY OF THE CoMxrrrEE ON
MILITIA, SUBMITTED BY MR.. EGAN, IN SENATE,
WISCONSIN.
Minority report o. the Committee on Militia to whom
referred the communication OF the Governor asking
70, change IA the militia aws, beg leave 70 submit she
following feport.-
The Governor seems to have forgotten that Wisconsin is
Of the uoion or else the provisions Of the cons
fulton OF the United states.
Section article Of the federal constitution pro-
vces that Congress shall have power to provide for
Ing forth the militia 70 execute the laws Of the Unton
press and repe nvssous; provide
orgsp,zog, awning and discipliDg the militia, and for
such part OF them as be employed in tue
service Of the United States, reservipg States
spectvey the appointment OF officers, and
tbortY Of training che militia according to the discipline
presctihed by Congress-"
Section article Of the constitution pro ydes
that 1.-The President sha be coanaDderin caef OF the
army and navy Of the United States add OF tue militia Of
the several Staes when called uto actual service Of the
United States t"
In o, these powers and duties Congress has
from time tn une passed acts organizing the militia,
ginning the Of 1872 and 1885, both approved and
The latter at provides that in case Of invasion or
hresteneo invasion OF he Uated States, and certain
Tsquis:,iop, ia case of an resurrection against State
government, the President shall have power discre
ton to CAL Out the mill 10 OF the States.
1he proceeds 10 provide that whenever the laws Of
the United states shall be opposed OF the exec lton
thereof DISTRACTED 10 any State by combinations TOO
peweriu' to be suppressed by the ordinary course OF
ma,sSas by this acs shall be- lawful for The Preside at
OF the United States 70 CAL forth the militia OK such stats
Of any other State States BIO necessary TO
suppress combinations, and to tue lava 70 be
duly executed, &c.
The uritis employed in the service OF the United
States shall be subject to the rules and Of
the troops Of the Unitea States
doubt could exist OF the PLAIN constitution atty Of
the act decided be constitdtonai by tao ST.
preGe Court Of the United States, OF MEN.
ther We. Mot, IL Wheaton's Reports. 70
So that lind, that in OF the militia being called
out By the ULeo States, they are bound obey and
ae all Ltents ami purposes, Udtea States troops
the time being and the President their commander To-
chief
The trainers Of chapter 3d. Of the Revised Statutes,
Of which the Governor complains conyerDan
with the relations OF the militia Of the United Sa.es,
had more regard for them, than the Governor, when
they provided that the Governor should not be
the service OF the United States.
Nearly all OF the militia OF this STATE If not ALL who are
actually armed are armed with the OF the United
States, furnished by the United States this state
trustee 10 arm the militia, Under the acts Of Congress- OF
1S08 and 1876.
The trouble IN the Governors mind seems to be the al.
legged opinion OF the captain of company the
militia that you'd not be bis duty 10 the
the United Sis held by his mpsny against the au no
rites Of the United States 10 oppose ha execuon az the
laws OF the United Stases
This substantially refusal to be guilty of treason
agaipst the United SaRsa refusal the officer To y,o-
late his oath support the tuition OF the United
States And the act OF the Governor In cashierug the
officer for declaration and cisbandng his com.
pany who had part in his declaration does not in.
epre such confidence his civil or military jadgmsnt az
would warrant violation Of the tuition OF Uu.ted
Sates make him the superior officer Of the President
OF the United States.
Your committee therefore recommend that no change
be made in the existing militia la ~s Of this State.
Ali Of which is respectfully submitted
N. ] EGAN, Chairman Senate Conn., on Militia