The daily Green Mountain freeman. [volume] (Montpelier, Vt.) 1861-1865, 1861-04-17
The Power of the President to call out the
Militia

In view of the failure Of the st Congress to
pass the force bill 90 called, giving the PIes-
dent power to AGO. ,!lntetrs and commission
officers, outside Of the regu ar army, in the war
that is upon US. it becomes important to know
ins1 how far the President can use the militia
defend the Government. The following which
we cut from the Ne,c York Tribune will help
elucidate this point.
The President of the United States, by Sec.
2, Art. H.. of the Federal Constitution is
/" Commander in. Chief of the Army and Navy
g of the United States, and OF the Militia OF the
" several States whcn called into actual service
- of the United States = and he is also. by Sec.
of the same article, empowered 10 " take care
i" that the laws be faithfully executed But
the power :" to provide for calling the militia to
" execute the laws of the Union, suppress in-
" surrections, and repel invasons, is reserved
by Sec. OF Art. |. to Congress-
How. then, it is asked, can the President
of the United States call out the militia, in the
present emergency, or accept the offers Of aid
from the different States, without first calling an
extra session of Congress g. to provide for cal.
d" ling forth the militia to execute the laws Of
/" the Union and suppress the wide spread
Instruction which now exists in seven States OF
the Union?
The emergency is provided for by the act Of
1875, which gives power to the President to cal
upon the militia in case Of invasion, or INN in
| ent danger of invasion in case of instruction
in any Stale against the laws thereof, if called
upon by the Legislature or executive of the
State, and, finally, whenever the laws OF
" the United States shall be opposed, or the
d" execution thereof INSTRUCTED, in any State, by
" combinations too powerful to be suppressed by
" he ordinary course of judicial proceedings, OF
by The powers vested in the Marshals in this
g act it shall be lawful for the President Of the
g United States to call forth the militia OF such
g or Of any other State or States, as may be
necessary to suppress such combinations, and
g TO cause the laws to be duly executed anC
- the use Of the militia Sc TO be called forth may
. be continued, if Necessary. until the OK IRA.
elton Of 30 days after the commencement Of lhc
- then next session of Congress- The act also
requires that, when the President deems it
necessary thus 10 resort to military force he sha
command the insurgents by proclamation to dis
persc within limited time.
The power bestowed upon the Chief AIags
tratc, under this act, is ample to enable him tc
uea' Win the present Crisis IN our natohal al
fairs AS the Chief Executive Officer of the
District of Columbia, he is empowered to al
upon the militia of such State or States rs he
may deem proper, to suppress an instruction
against the Government and, as President, be
may resort to the same military aid to suppress
combination, obstructing and opposing the
laws of the United States, which is TOO powerful
to be suppressed IN The ordinary way. 1t is by
virtue of this authority that he this morning is
sues his proclamation calling out IS 900 men.