The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-02-10
MILITIA OF THE UNITED STATES.

The select committee of the House of Representatives
whom referred the Message of the President OF
the United States OF the 8th ul relative to the state Of
the Union, submitted their report the Both ut The
committee commence the report by reviewing the laws
Of Congress and the constitution clothing the President
with power the laws OF the Union suppress
nsurrecons and repel nvasons and for the employment
Of the militia in specified cases. They say, by act
approved March 1907 entitled act authorizing the
employment Of the land and forces Of the United
Of Instructions, it Is provided that in
all Of insurrectons distractions TO the laws
her of the United States any Individual State Ter
rtory where is lawful for the President of the United
States to call forth the militia for the purpose OF sup
pressing such nsurrection Of causing the TO be
duly executed shall be lawful for him 10 employ for
the purposes such part Of the land and naval force
Of the United States shall be judged necessary having
first observed all the prerequisites Of law in that respect
They advert to the opinion Of the Attorney General
of the United States Of November 20 1860,
in which that officer says, that by the act of
1895, the authority of the President to remedy
distractions Of the law In State is subordinate to the
civil authority of such State and consequently that in
where State has declared sever connection
with the federal government and where the Judges and
other officers have resigned refused to perform their
duty and set independent government there Is
power in the President such contingency to call forth
the militia. The committee insist that the Laws Of the
United States do not TO exist State because
local authorities have enacted ordinance declaring
such State no longer member Of the federal Union
nor does any such consequence result from the resna
tion OF federal Judges, Marshas District Attorneys
Therefore the legal duty OF seeing that they shall be
cuted remains unchanged But upon the assumption that
the construction given TO this statute by the late
ney General is correct the committee DO not deem
cessary TO recommend change OF the existing
in this respect for the that in the present
OF national affairs, IL would in their opinion be
mpolitic and perhaps mpracticable to employ military
as ord nd
minstraton Of justice in the federal any State
that has by formal act undertaken TO throw of her allie
giance 20 the federal government IL II shall happen
that by reason of such rebelous action, the
onal rights Of the citizens OF other state shall be in
vaded will be the duty Of the Executive take such
measures for their redress the nature of the shall
dcmanp, ADD MS the laws allow.
In respect TO the FORTS arsenals, yards, maya
zines and other property Of the United states within the
limits o amy dlslryal state different question pre-
sened A To all such public property, whcresoever the
be situated, the rights Of tn general govern
ment cannot be seriously questioned aud the practca
bhty oi defending with adequate force such property
from unlawful seizure scarcely he doubted The duty
Of the In respect u the protection AM
fence ot such property Is not oDy clear and imperative
but IN us defence and protection involved the principle
Of self preservation as well national dignity
the honor Of the American flag II the means At the
mand Of the President are inadequate to the perform
OF this duty, Congress will fail in It's oblga
tons 20 the country unless provision s promptly
made To supply the defect They inclined the
opinion that, n the perfor nance Of this duty upon a
just and liberal construction the present the Pre-
ssst may invoke the aid Of the militia Of any all Of
the States OF the Union But the by the Pres
d,nt 81 any doubtful powers M the employ ment Of any
military force has Always been regarded with disfayos
by the American people and to any doubt which
may exist any quarter, Ia view IT the p,s ble made
qUacy Of The army and navy to enable the President
protect aud defend the public property under all clrcum
stances, they ha 20 deemed II peiient recommend
the passage Of an act expressly giving him power when
IN bus opinion the necessity snail ARISE call forth
The militia Of the United states for the protection and dc
fence Of public property ami 10 enable him to
Of such property which has been NAV he
Hereafter unlawuiy seized WITT the enactment OF this
Law the whole military power Of the government Will be
placed the Disposal Of the President TO b. used at his
discretion Tor s protection IN all ts operations under
the constitution.
The subioined is copy Of the bin recommended 10
meet the exigencies Of war prevalent IN the Union
BE II enacted &c That IL shall be lawful for the Presi
dent Of the United states whenever often as 10 his
opinion II shall become to call forth the militia
Of all any Of the states Of the United states 20 accept
the services Of volunteers to such extent may be re-
CURED TO protect and defend the for magazines arse
mails, dock yards, navy yards public buildings other
property Of the United States and 70 the posses
sion OF any such forts magazines, aseuas dock yards
navy yards public build ngs or other property OF the
United states, which haf been may hereafter be, un.
lawfully seized or taken poescsson Of by combination
Of persons whatever And the provisions OF au-
horzng the employment Of the land and naval forces
The United states w cases on insurrcctons, approved
harch g. 1907 and all existing Laws and regulations re-
ating 10 the actual service of the militia OF the United
states shall be applicable " the employment Of the
under the provisions Of this act
minority OF the committee made report, which
states IN substance that
The militia force thus placed at the disposal OF the
President amount, by the latest returns 3I63 I'll
men, and, in addition, he accept many volunteers
at home or from abroad the money aud credit OF
government can command
Tie bin s declaration Of war against those states
which having seceded have taken possession the forts
and other public property WITHIN their limits for the
", sidept H. ~ course consfue II an uueauyocaI
expression q the viii q Congress that h. shall forthwith
proceed 10 recover possession by The ~ warke means
Negotiations esohowed, am q fhaps the committee
wouh consider .an mpesohab,e for the President
any other executive officer to entertain negotiations