M'arthur Democrat. (McArthur, Vinton County, Ohio) 1853-1865, 1861-05-09
What Pewer has the President
over the Militia OF the States!

the United States, and one, on which
we have thought considerable of late.
Every man who is jealous of his con.
stitutionul rights and liberties, must
have had this question suggested to
his mind in view Of the extraordinary
power that the President now wields.
1t is we'll settled in the mind of every
American citizen, that if any man
civil or military, assumes power not
delegated to him by the constitution
or laws Of our country, that he be.
comes that moment usurper and if
he be military man, be at once be-
comes q military despet. WeNwisb
to give President Lincoln thus far
credit, according to thslights we have,
the President in calling out the mil
itia Of the States has performed one of
the most momentous acts, that he
could exercise in this Government,
aud in order to justify it, he must have
some authority for go deing. He has
none in the constitution, not a syllable,
but the constitution throws all this
power in Congress; Let US see then
if congress has acted iuSthe premises.
The President by his proclamation,
says he dOliVes all this power from
ihe act of Feb, 9S, 1898: andthis is
the only act that will justify thePres.
idont. This statute says, that:
>!.Whenever the laws of the United
States shall be opposed, or the execu. L.
ton thereof obstructed IN any State
by combinations too powerful to be
suppressed by the ordinary course of
Judicial proceedings, or by the pow,
ers vested in. the marshals, &C., it
shall be, lawful for the President of
the United States to call forth the
militia Of such State, or Of any other
State or States, as may be necessary
to suppress such combinations, and
to cause the laws to be duly executed;
and the use Of the militia 80 to be
called forth may be continued, if nec-
essary, until the expiration Of of thirty
days after the commencement of the
then next session Of Congress-
Again this law says that, 'whenev-
er it may be neOossary, in the judg-
ment Of tne President, to use the
military force hereby directed to be
called fourth, the President shall
forthaUith by p, osIGmation, command
such insurgents to disperse and retire
peaceably to their respective abedes
within limited time.'
Now we must say that the Pres:-
dent SO long as he holds the present
states OF our military, he has acted
within the scope of his power, because
by the constitution he is the reprssen.
tative, Of the Government OF the Dis.
trict Of Columbia, andif he feared in.
surrection or rebellion in the District,
he was the proper person, in the Ian
guage Of this law, to judge if the
combinations were too powerful to
6ssppprssscd BY tho ordinary course
Of judicial proceedings, or by the
pOUsrs vested in tho marshalls 60.
This gives him power to march
across Maryland and Virginia. But
when we come to apply this law, to
the States that have rebelled, as named
by the President in his proclamation.
how stands the casel These States
have their judicial powers, and they
are exercising them in their own way.
They have their own mashalls, and
they are performing their duties ae.
cording to the new order of things;
according to their own laws. Their
judiciary nor marshalls, have not
called upon the President, to assist
with the militia Of the States to sup.
press combinations too powerful for
them to manage, as is contemplated
by this law Of '95. Now had Gov.
Houston as we earnestly hoped he
would, have called on the President
He would then have had power ts
have moved the militia TO Texas, across
any State, by this law, he could have
pu: down rebellion in Texas; We think
this is clear.
Gov. Hicks of Maryland could call
on the President, and he would be
compelled to render assistance there.
A celebrated lawyer on this sub
ject, says as a Uninn man that; 1T is
ipapnaaihla to road kL;a 1fafrto ,,;kbo,t