The Alleghanian. [volume] (Ebensburg, Pa.) 1859-1865, 1861-05-02
tia OF fle Country is Called
Cat.

Cat.
We give below the section of the act of
1898 under which the President of the
United States has called forth the militia
OF the States in his proclamation. That
law was passed in reference to the insur-
rection IN Pennsylvania, when many thous-
andS OF insurgents were In arms against
the Federal authority 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 bring
ing the forces of the country under the
control Of the Federal Government. Con-
gress, 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 operation to the dura-
ton 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 follows
"SEc. 2. And be at further enacted, That
whenever the laws OF the United States
shall be opposed or the execution thereof
obstructed in any State by combinations
too powerful to be suppressed by the or
oInary course of judicial proceedings, or
by the powers vested in the marshals by
this act, 1t shall be lawful for the Presi-
dent OF the United States to call forth the
militia OF such State, or of any o.her State
or States, as may be necessary to suppress
such combinations, and to cause the laws
TO be duly executed, and the use of tie
militia to be called forth may be continued
if necessary, until the expiration of thir-
ty days after the commencement of
the then next session of Congress-"
The power of the President to deter
mine the existence of the facts which es-
tabiish the necessity of calling upon the
militia has been settled ty judicial deter
mination. In the case of Martin VS..
Mott, reported in the 18th of Wheaton,
p. 19, the court says:
"The authority to decide whether the
| exigencies contemplated in the Constitu-
tion Of the United States and the act of
| Congress Of 1875, chap. 101, in which the
President has authority to call forth the
mllltla OF the Union, suppress insurrections
and repel invasions, have arisen, is ex-
ciusively vested In the President, and his
decision is conclusive on all other per-
sons"
The clause which limits the term of
service of troops called out under this act
IS found under the fourth section, and is
as follows:
"And no officer, non-commissioned Off
Ger or private shall be compelled to serve
IL l.
at the place of rendezvous, in any one
year"
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 assembling of Con-
gress. 1t is noticeable that it was in the
power of the President, by declining to
call an extra session of Congress, to have
p1ovided longer period of hostilties, in
asmuch as the troops ordered into the field
upon the first requisition could, at the ex-
piratlon of their term Of service, have been
replaced by new levy, and thus a sufi-
cient army have been kept under arms till
the first of January next. 1t is not doubt
ed that the spirit of the States furnishing
the troops would have promptly advanced
the money necessary to maintain their
several quota in active operations, relying
on the General Government for repayment.
The Administration, however, have pru-
IDENTIFY put it beyond the power of the
Executive to continue troops in the field
beyond the first of August. In calling
Congress together, the Government will
have deferred to the Senators of the States
and the Representatives of the people tho
responsibility OF the measures and the
policy winch after the date of their assem-
biage may be held requisite to preserve
the public peace.