Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1861-04-13
The war-Has the President the Power to
Prosecute tt.

A legal fried has favored US with much desir.
ed information on the question Of the Presidents
power in the present emergency; which we are
confident will be read with none the less inter-
est from the fact that 1t is in direct conflict with
preva ling opinion. The act Of Congress quoted
from was passed In 1795; and 10 entitled can
"act TO provide for the calling for the Militia to
"execute the laws of the Union, suppress in
"surrection and rebel invasion; and to repeal
"the act now in force for these purposes.
The part of the act comforting extraordinary
power IL The seconc section, and read as follows:
"Sec 2. That whichever he laws Of the Uni
ted States shall be opposed, or the execution
thereof obstructed, In any State by comhina-
tions too powerful to be suppressed by the ordi
nary course OF judicial proceedings, or BY the
powers vesred in the Marshals by this act, IL
shall be lawful for the President Of the United
States TO call forth the Militia of such State, or
Of any State or States. rs may be necessary to
suppress such combinations, and to cause the
laws 10 b duly executed; and the use of the
Militia 90 to be called forth may be continued,
II necessary, until the expiration Of thirty days
after the commencement OF the then next session
Of Congress"
This Act came under the notice of the United
States Supreme Court, in the case of Merton vs.
Mott, and its import was considered in an opn--
ion by Justice Story, to which we have not space
to refer The note to the case says:
1.-THE President of the United States is the es.
eLusipe judge ohehsr the erigeneies haus arisen in
nhich he Is authorized to call forth the Militia of
the Union;" and "thst the act OF 1895 10 within
the constitutional authority of Congress over the
Militia "
This highly important Act of Congress we en-.
tertain no doubt Is the law of the land to-day;
since It's subsequent repeal would hardly have
! escaped the notice Of our legal friend who has
brought IL to our attention.
Such being the case, it will be observed that
the President possesses substantially absolute
popey applicable 20 the present situation. He
is clothed with authority TO call ferth the Militia
whenever combinations are formed to obstruct
the execution OF the laws; and the u. 8. Su-
preme Court has held that he is the sole Judge
OF the exigenoy requiring such call to be made.
In other words, there is no qualification Of his
right to decide, nor any appeal from his deci-
zion when made. And as Q necessary conse-
uuence, rests in his discretion to call forth if
ty thousand or half million of the Militia to
enforce the Federal Laws 10 the Southern
States; and be cannot evade this responsibility.
We would suggest to our "Wide Awake
friends that here is wide field for the illustra-
| ton and exemplfcaton of their patriotism! II
! is but fair to presume that they will insist on
\ their right to the srclasivs championship Of
their own Administration! And We trust that
] whenever Democrats shall be drafted. they will
respectfully consent to accept Wide Awaks cub
| stitutes without charging az exoIbitant premi-
um for their placesl Let the Wide Awakes
prepare for the fray They will soon be wan
ted - Rochester IN W Union s