Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1861-04-30
The Powo. of the President to call out The

Militia,
In view Of the failure Vi the last Congress to
pass the force bill, so called, giving the Presi-
dent power to accept volunteers aud commission
officers, outside Of the regular army, in the war
that is upon US, it becomes important to know
just how far the President can use the militia
that has offered itself with 50 much alacrity-to
defend the Government. The following which
wo cut from the New York Tribune will help
~elucidate this point.
The President Of the United States, by Sec.
?, Art. H., Of the Federal Constitution is
. Commander in. Chief OF the Army ard Navy
= OF the United states, and oi the Militia Of the
" several States when called into actual service
= OF the Uniled States and he is also. by Sec.
: OF the same article, empowered 10 " take care
= that tie laws be faithfully executed But
the power " 10 provide for calling the militia TO
: execute the laws Of the Union, suppress IN
" surrectlons, and rcpel lnyasl0ns, ~ is reserved
by See. 5 Of Art. |. to Con. ress.
How, then, it IL assed, can the President
Of the United States cal out the militia, in the
present emergency, or accept the offers Of aid
from the different states, without first ealing an
extra session Of COngtess &. to provide for cal
4" ling forth the militia TO execute the laws Of
- the Union and suppress the wide spread
instruction which nov exists 10 seven STATES of
the Union?
The emergency Is provided for by the act Of
1873, which gives power to The President to cal
upon the militia in case OF invasion, or immin-
ent danger OF invasion in case Of instruction
IN any Stale against The laws tn reoi, if called
upon by the Legislature or executive Of the
State, and, finally, 4" whenever the laws Of
. the United States shall be opposed, or the
" execution thereof INSTRUCTED, in any State. by
" combinations too powerful to be suppressed by
. the ordinary course Of Judicial proceedings, OF
- by the powers vested Ia the Marshals Ia this
- act, it shall be lawful for the President of the
= United States to call forth the militia OF such,
. or of any other State or States, as may be
8 necessary to suppress such combinations, and
: : TO cause the laws to be duly executed ami
'',tho use OF the militia so TO be called forth NAV
: be continued, if necessary, until the %cxpira-
'tion OF 80 days after the commencement vi the
. then next session of Congress The act also
requires that, when the President deems it
necessary thus 10 resort to military force he shal
command the insurgents by proclamation to dis
perso within a limited time.
The power bestowed upon the Chief MagIs-
trate, under this act, is ample 10 enable him to
deal with the present crisis in our national at.
fairs. As the Chief Executive Officer of the
District OF Columbia, he is empowered to cal
upon the militia of such State or States as he
may deem proper, to suppress an insurreclion
against the Government and, as President, he
may resort to the sam military aid to suppress
a 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 be this morning is.
sues his proclamation calling out IS 900 men.