Lewistown gazette. [volume] (Lewistown, Pa.) 1843-1944, 1861-04-25
The Law Under which the Militia Of
the Country is Called Ont.

Vi
the Country is Called Out.
We give below the section of the act of
l795 under which the President of the
United States has called forth the militia
Of the States in bis proclamation. That
was passed in reference to the insurrection
in Pennsylvania, when many thousands of
/ insurgents were in arms against the FEEDER
al authority. That formidable outbreak be-
ing happily Quelled, no farther action was
had under this statute till 1914, when, war
with Great Britain existing, its provisions
were found effective in bringing the forces
Of the country under the control OF the
Federal Government. Congress, however.
in that year extended the time Of service
to six months. it being limited bv act Of
/ l19J to three months. The amendatory
act OF 1914 was restricted as to It's period
Of operation to the duration Of the then
existing war, aud by It's own terms expired
~ its clcSo, leaving the provisions Of the
act Of 1873 in force It vii! be observed
that the President has in his proclamation
quoted the exact text Of the statute, the
section referred to being as follows:
d" SEC. ,. -lud BIZ il .Jiuthel' e1acj,d, Tia,
whenever the laws of the United States shall
be opposed or the execution thereof obstructpd
in any State by combinations too powerful to
be suppressed by the ordinary course Of iu-
dIcial proceedings, or by the powers vested in
the marshals by this act, it shall be lawful foc
the President uf the United States 70 call forth
the militia Of such State. or of any other
State or States, as may be necessary 70 sup
press such combinations. and to cause the
laws to be duly executed, and the use Of mill
/ tia 40 be called forth may be continued. it ne
ccssary, until the expiration Of thirty days
. after the commencement Of the then next ses
sion Of Congress-
The power Of the President to determine
the existence Of the facts which establish
the necessity Of calling upon the militia has
been settled By judicial discrimination. In
. the case OF Martin ". Mott, reported IN the
I 18th Of y heatoD, P. 70 the court says:
The authority to decide whether the eti-
gonei5s contemplated in the Constitution Of
the United States and the act Of Congress of
1875, chap. l0i. ia which the President has
authority 10 call forth the militia to execute
the laws Of the Union, suppress insumcctiuns,
and repel invasions,' have arisen, Is exclusive
ly vested in the President, and his decision is
conclusive on all other persons"
The clause which limits the term Of scr
vice Of troops called out under this act is
found in the fourth section, and is Us follows;
And no officer. non commissioned officer,
Or private shall be compelled to serve more than
three months after his arrival 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 Congress 1t
is noticeable that it was in the power Of the
President BY declining to call an extra ses-
sion OF Congress, to have provided long
er period Of hostilities, inasmuch as the
troops ordered into the feld upon the first
requisition could, at the expiration of their
/ term Of service, have been replaced by
new levy, aud thus sufficient army have
been kept under arms ill the first of Jan
uary next. 1t is not doubted that the spir-
/ it Of the States furnishing the troops would
have promptly advanced the money neces-
! sary to maintain their several quota in ac-
I tive operations, relying on the General
/ Government for repayment The Admin
istration, however, have prudently put it
beyond the power of the Executive to con
tinue troops in the field beyond the first oi
! August. In calling Congress together, the
/ Government will have deferred to the Sen
ators of the States and the Representatives
of the people the responsibility Of the
measures and the policy which, after the
date Of their assemblage, may be held re-
| quisite to preserve the public peace.