Daily national Democrat., 1861-05-26
, The Law Under Which the Militia of the
Country is Called Out.

We give below the section of the act O
1895 under which the President of the United
States has called forth the militia of the
States in his proclamation. That law wa:
passed in reference to the insurrection in
pennsylvania, when many thousand insur-
gents were in arms against the Federal au-
thority. That formidable outbreak being
happily quelled, no farther action was had
under this statute till 1914, when, war with
Great Britain existing, its provisions were
found effective in bringing the forces of the
country under the control of the Federal
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 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 proclamation quoted the exact text of the
statute, the section referred to being as fol-
lows:
"SEc .. And be 1t further enacted, That
whenever the laws of the United States shall
be opposed or the execution thereof obstruct-
ed in any State by combinations too powerful
TO be suppressed by the ordinary course of
Judicial proceedings. or by the powers vested
in the marshals by this act, it shall be law
full 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 mill
tia to be called forth may be continued, if
necessary, until the expiration of thirty days
after the commencement of the then next ses-
sion 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 determination. In the
case of Martin VS.. Mott, reported in the 18th
of Wheaton, p. 10, the court says:
"Thc authority to decide whether the ex-
igencies contemplated in the Constitution of
the United States and the act of Congress of
l795, chap. l01, 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 eXclu-
sively vested in the President, and his dec-
sion is conclusive on all other persons"
1t will be observed that the concluding
clause of the second section quoted above
makes the term of service also expire thirty
days after the then assembling of Congress
1t is noticeable that it was in the power of
the President, by declining to call an extra
session of Congress, to have provided a longer
period of hostiities. inasmuch as the troops
ordered into the field upon the first requisi-
ton could, at the expiration of their term of
service, have been replaced 10y 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 would have promptly
advanced the money necessary to maintain
their several quota in active operations, re-
lying on the General Government for repay
ment. The Administration, however, have
prudently put it beyond the power of the
Executive to continue troops in the field be
yound the first of August. In calling Con
Sress together, the Government will have de-
tcrred to the Senators of the States and the
Representatives of the people the response
bility Of the measures and the policy which,
after the date Of their assemblage, may be
held requisite to preserve the public peace
/Ltiu Press