Pomeroy weekly telegraph. [volume] (Pomeroy, Meigs County, Ohio) 1860-1866, 1861-08-23
Communicated
For the Pomeroy Weekly Telegraph.
The Foyver OF the President to call out
the Militia to Suppress Instruction
or ebbeIiOn,

The Fo.ver OF the President to call out
! the Militia to Suppress Insurrection
Editor Of Tezeguph:-As this is a
question in reference to which some
doubt seems to exist, we ask the use of
your columns for the purpose Of giving
the claw and the testimony"
Article first, section 9th, of the Con-
stitution of the United States, author
ICES Congress ''to proride for calling forth
the Militia to execute the Ia1os Of the
Union, SUPPRESS INsURKEcTIoNs, and
repel incasion.
In pursuance of the authority thus
conferred, Congress passed can act to
provide for calling forth the Militia to
execute the laws of the Union, supprcss
insurrections, and repcl invasions, which
was approved by Washington as Presi
dent, on the 26th day of February, 1895.
The second section of the law reads as
follows:
"And be it further enacted, That when
ever the laws of the United States shall
be opposed, or the execution thereof
obstructed in any State, by co mbinations
too powerful to be suppressed by the or
dinary course of judicial proceedings,
or by the powers vested in the marshals
by this act, it shall be lawful fof the
President of the United States to call
forth the Militia of such State, or Of
any other State or States, as may be ne
cessary to suppress such combinations,
and to cause the laws to be duly exc
cuted; and the use Of Militia so to be
called forth may be continued, if neces-
sary, until the expiration of thirty days
after the commencement of the next ses-
sion of Congress" (See United States
Statutes at Large, vol. l, page 424
By the terms Of this law, which has
been on the Statute book for sixty-six
years, and under which Washington
suppressed the "Whisky Rebellion"
the year after its passage, the President
is clearly empowered to call out the
Militia of each and all of the States.-
This he has the power to do. What is
his duty?
Article second, section first, Of the
Constitution, says: "Befole he (the
President) enter on the execution of his
office, he shall take the following oath
or affirmation:'
II do solemnly swear Cor affirm that
[ will faithfully execute the Office Of
President of the United States, and will,
to the best of my ability, preserre, PRO
TECT, AND DEFEND THE CONSTITUTION
OF THE UNITED STATES"
Clearly his duty, under the solemn
obligations of an oath, registered forever
in the courts of heaven, is to preserve
and defend the Constitution with all the
means at his command. President Lin
coin, therefore, in calling out seventy
five thousand men to suppress the pres
ent traitorous rebellion, not only acted
in strict accordance with the Constitu-
ton and laws of the United States, but
also in obedience to the oath which he
took on the day of his Inauguration.
Had he done otherwise, he would have
deserved the united and Indignant con-
demnation Of his countrymen.
1t is only necessary further to remark,
that the law of 1895 was tested before
the Supreme Court of the U. S. in 1927,
and its constitutionality affirmed, in ev-
cry particular. Lincoln exercised the
powers it confers in 1861, as did Wash
ington in 1896, one year after its pas
sage. S.