Columbia Democrat and Bloomsburg general advertiser. [volume] (Bloomsburg, Pa.) 1850-1866, 1861-04-27
From the National in,clligcnecrl
The Law Under which The Militia Of
the Country is Called Out

The Law Under which The Militia of
the Country is Called Out
We give below the section of the act of
l795, under which the President of the U.
S. has called forth the Militia of the States
in his proclamation. That law was
passed in reference to the insurrection in
Pennsylvania, when many thousands of in
surgents were in arms against the federal
authority. That formidable out break be-
ing happily quelled, no further action was
had under this statue till 1914, when war
with great Britain existing, its provisions
were found effective in bringing the forces
Of the country under the control ofthe fed
eral Government Congress, however, in
that year, extended the time of service to
six months it being limited by act of 1895
to three months. The amendatory act of
1914 was restricted as to its period of op-
Grafton 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
tho President has in his proclamation
quoted the exact text of the statue, the Sec
ton referred to being as follows:
"Sec. 2. And be it further enacted,
hat whenever the laws of the United
States shall be opposed or the execution
thereof obstructed in any State by combi-
nations too powerful to be suppressed by
the ordinary course of judicial proceedings
or by the powers vested in marshals by
this act, it shall be lawful for The President
of the United States to call forth the mil.
ita 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 militia
to be called forth may be continued, if nec-
cssary, until the expiration of thirty days
after the commencement fthe next session
of Congress"
The power Of the President to determine
! the existence of the facts which establish
the necessity of calling upon the militia has
been settled by judicial dcse rinination. In
the case of Martin, vs.. Mott reported in the
twelfth of Wheaton, p. 10, the Court say:
/ "Tha authority tie decide whether the
exigencies contemplate in the constitution
of the United States and hhe act of Con-
gress of 1905, chap. lOl. in which the
President has authority to call forth the
militia to execute the laws of the Union,
suppress Instructions, and repel invasions,
have arisen, is exclusively invested in the
President, and his decision is conclusive
on all other persons"
The clause which limits the term or
service of troops called out under this act
is found in the fourth section, and it is
as follows:
"And no officer, non commissioned off.
Ger or private shall be compelled to serve
more than three months after his arrival
at he place of rendezvous in any one year
1t will be observed that the concluding
clause of the section quoted above makes
the term of service also expire thirty days
after the assembling of Congress. 1t is
noticeable that it was in the power of the
Presi dent, by declining an extra session of
Congress, to have provided longer period
of hostilities, inasmuch as the troops or
, dered into the field upon the first requisi.
ton could, at the expiration of their term
of service, have been replaced by new
levy, and thus sufficient army have been
kept under arms till the first of January
next. 1t is not doubted that the spirit OF
the States furnishing the troops woul d
have promptly advanced the money ncces-
sary to maintain their several quotas in
. active preparations, relying on the gener.
al Government for repayment. The Ad
ministraton, however, have prudently pu
it beyond the power of tho Executive tc
: continue troops in the field beyond the frs
of August In calling Congress together
= the Government will have deferred to thu
Il Senators of the States and the representa-
i tives of the people, the responsibility of th'
measures and the policy which, after thu
= date of their assemblage, may be held re
: quisito to preserve the public peace.
l. --S-~
WASHINGTON April 20.
: To Aiayoy Broton, BGhimore:-WC
have seen the President and Genera
Scott. We bear from the former lette
4e to the Mayor and Governor, declaring tina
/. no troops should be brought through Bal
timore if, in military point of view, ant
:, without opposition, they can be marche'