The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-04-17
From the National InteLhgencer.l
THE LAW UNDER WHICH THE MILITIA OF
THE COTTNTRY IS CALLED OFT

THE COUNTRY Is CALLED OUT.
We give below the section of the act of 1895, un-
der which the President of the United States has
called forth the militia of the States in his proca-
nation. That law passed in reference to the
i2surrection in Pennsy vania, when many thousands
of insurgents in arms against the federal au-
thority. That formidable outbreak being happily
queled, no further action was had under this stat
ute till 1914, when with Great Britain existing,
its provisions found effective in bringing the
forces of the country under the control of the fed
eral government. Congress, however, in that year,
extended the time of service to six months, it being
limited by act of 1875 to three months The amen
datory act of 1914 restricted as to its period OF
operation to the duration of the then existing war,
and by its own terms expired at its close, leaving
the provisions of the act of 1895 in force. 1t will
be observed that the President has in his proclaim
alton quoted the exact text of the statute, the sec
ton referred to be:rg as follows:
sSEC q And be 1t further enacted, That whenever the
laws of the United States shall be opposed the
ton thereof instructed in any State by combinations too
powerful to be suppressed by the ordinary of judi
by this act shall be lawful for the President of the
United States call forth the militia of such State of
any other State States may be necessary to sup
press such combinations and to the laws to be duly
executed and the of militia to be called forth may ee
continued if necessary until the expiration of thirty
days after the Of the then next session of
Congress"
The power of the President to determine the ex-
istence of the facts which establish the necessity Of
calling upon the militia has been settled by judi
Clal uGCeTm III lHe case Ol MaTIlu Us. MULt
reported in the 18th of Wheaton, p. 10, the Court
say:
'The authority to decide whether the exgencies
tempated in the Constitution of the United States and
the CT Congress of 1885, chap 10l in which the Pes
dent has authority to cali forth the militia to execute the
laws of the Union suppress nsurrections and repe in
yasons have arisen is exclusively vested in the Pres
dent and his decision is conclusive all other persons
The clause which limits the term of service of
troops called out under this act is found in the
fourth section, and is as follows:-
"And officer, non commissioned officer, private
shall be compelled than three months after
his arrival at the place of rendezvous in year,
1t will be observed that the concluding clause of
the section quoted above makes the term of ser
vice also expire thirty days after the assembling of
Congress. 1t is noticeable that it was in the pow
of the President, by declining to call an extra
session of Congress, to have provided longer pc
riod of hostilites inasmuch as the troops ordered
into the field upon the first requsition could, at
the expiration of their term of service have been
replaced by a new levy, aud thus sufficient army
have been kept under till the first OF January
next 1t is not doubted that the spirit of th Stat
furnishing the troops would have promptly ad-
vanced the money necessary to maintain their sew
eral quotas in active preparations, relying on the
general Government for repayment. The Admin
istraton, however, have prudenty put it beyond
the power of the Executive to continue troops in
the field beyond the first of August. In calling
Congress together, the Government will have de-
erred to the Senators Of the States and the repre-
sentatives of the people the responsibility of the
measures and the policy which, after the date OF
their assembage, may be held requisite to preserve
the public peace