New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1861-04-15
THE PRESIDENT AND THE MILITIA.

The President of the United States, by Sec. 2,
Article H., of the Federal Constitution Is
" Commander in Chief of the Army and Navy of
" the United States, and of the Militia of the
" several States when called into the actual SER
"vce of the United States" aud he is Also by
Sec. 3 Of the same article, empowered to take
scare that the laws BIO faithfully executed"
But the power "to provide for calling the
"mtia to execute the laws of the Union, sup
press Instructions, and repel inyasiOns,' is re-
served by Sec. 8 of Article /. 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 "to provide for
calling forth the militia to execute the laws OF
the Union and suppress" the widespread In
surrection which now exists in seven States OF
the Union7 The question is pertinent, aud the
public mind no doubt will be relieved as to the
power of the President by accurate information
upon this point, especially as the failure to pa's
force bill by the late Congress has left the
impression that the Chief Magistrate is without
any power whatever in such crisis until he
first calls upon Congress for authority.
The emergency is provided for by the act OF
1885, which gives power to the President to
call upon the militia in case of invasion, or I'M
mnent danger Of invasion; in case of insurrec-
ton in any State against the laws thereof, II
called upon by the Legislature or executive OF
the State, and, finally, "wheneyer the laws OF
the United States shall be opposed or the ex.
"ecution thereof INSTRUCTED, ia any State, BY
combinations too powerful to be suppressed BY
4" the ordinary course Of Judicial proceedings, or
"by the powers vested in tie Marshals ia this
act It shall be lawful for the President of the
United States to call forth the militia of such,
I" 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 to be called forth
''msy be continued if necessary, until the ex.
"pration Of thirty days after the commence
80 ment of the then next session Of Congress ="
The act also requires that, when the President
deems it necessary thus 10 resort to military
force, he shall command the insurgents by
proclamation to dispense within limited time.
The power bestowed upon the Chief Magis.
trate, under this act, is ample to enable him to
deal with the present crisis in our national
affairs. AS the Chief Executive Officer of the
District Of Columbia, he is empowered to call
upon the militia of such State or States as he
may deem proper, to suppress an Instruction
against the Government; and, as President, he
may resort to the same military aid to suppress
o 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
issues his proclamation calling out $4,000 men.
Armed with .uch powers, President of the
determination and purpose Of Mr.. Lincoln,
backed by the fervent patriotism of the North
which the present exgency is calling forth, can
surely make head against tho most formidable
rebellion. Even the most timid need have no
fears of the result. But any doubts that may
remain Us to the power Of the Administration
will be set aside by the extra session of Con.
gress, which, with happy regard to the asso-
Citations of the day, will meet on the Fourth of
July.