Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1863-06-25
I WHOLE NO. 346

! nitions of war, and his authority amount.
! to absolutely nothing. He can not order
a single bayonet or piece of artillery into
the field without the authority Of the State
officers. by whom they could be withdrawn
at any moment.
Mr.. Lincoln is the Commander in chic
of the armies of the States; but if the Gus
tody and control Of the arms were giver
to Yallandigham, how much power would
we have to carry on the war? 10 be Com.
mander- in chief, he must be able to com
mand the arms as well as the men, fol
either without the other amounts to moth
ing in war. The control and custody o
the arms are always indispensable to The
command of the military forces in any
State or country, and is proposition toe
clear for argument.
POWER TO CALL OUT MILITIA.
SEcoND.-The clause Of the constitution
above quoted declares the Governor shall
have power to call out the State forces tc
execute the laws. to suppress insurrection,
and repel invasion, and is completely null
lifted by the fourteenth and fifteenth sec.
tions of the Military Bill, which reads as
follows:
"SEcTIoN II. Tho militia. or any por.
tion thereof, may he called out to execute
the laws, on the warrant Of the Judge
Mayor of the city. or Justices of the Peace
whose authority has been deiied. the war.
rant to be served on the military comman-
der most convenient to the place where re-
sistance may be offered or threatened, or
upon Brigadier- General. the Major Gen.
eral, or the Governor. At such time the
officer commanding the forces so called
out shall be subject to the direction of the
civil officer requiring his aid.
"SEcroN 15.-If necessity requires it,
the militia, or any portion Of the same,
may be called out, under command of the
appropriate officers, or of the Major Gen
eraI, to suppress insurrection, to repel in
vasion, or to preserve order"
By these sections the Governor is de-
prived of any voice in calling the militia
into service. but is made subordinate to
all tho officers named in the sections, and
may be compelled by a warrant to obey
their orders. Comment is superauous.-
The obligations of the constitution are
boldly rejected. and its provisions tram
Piled on. in the most public and insulting
manner.
APPOINTMENT OF MILITIA OFFICERS.
Third--The third section Of the twelfth
article of the constitution is in these words:
"SEcuoS 3. All militia officers shall be
commissioned by the Governor and shall
hold their offices no longer than six
years."
The sixth section Of the fifteenth article
oil the constitution reads as follows:
"SEcTroS 6. All commissions shall is
sue in the name of the State. shall be sign
ed by the Governor. sealed by the State
seal. and attestsd by the Secretary OF
State"
Both these sections are nullifed by the
eleventh section of the Military Bill, which
reads as follows:
SECTION I2.-The officers Of the State,
viz: the Secretary, Auditor, and Treasurer
of State. and the Attorney General, shall
recommend TO the Governor suitable per-
son to be appointed Major General of the
militia. and also q suitable person to be
appointed Brigadier Generals in the sever
al Congressional districts Of the State
The term of office for the Major General
shall be four years, and until his successor
is appointed and qualified. The term of
Office for Brigadier General shall be two
years. and until his successor is appointed
and qualified. At the time of recommend
ing person for appointment as above.
the said officers of State shall make out
and deliver to such persons a certificate to
the effect that he has been chosen Major
General, or Brigadier General, as the case
may be. and until his successor is selected
and qualified. which certificate shall have
all the force of q commission until a COM
mission. issued by the Governor, shall be
received. Ifa vacancy should occur in the
office of Major General or Brigadisr Gen
eral, the said officers of State shall choose
successor for the unexpired term, in a
manner hereinbefore prescribed"
BY the above section, certificate of
appointment issued by the Secretary. Au-
ditcr, Treasurer, and Attorney General OF
State, stands as commission. conferring
the highest military Offices in the State,
and commissions by the Governor, sealed
with the seal Of the State, as required by
the constitution, are dispensed with.
Should the Governor, from any cause,
refuse to commission the persons appoint
ed, it is of no importance, as the certifi-
Gates, issued by the officers of State nam
ed. confer full power to command the mil
itary forces of the State, and draw the
salaries from the public treasury.
STATE APPOINTMENTS.
Fourth.--The twenty fourth and twsn-
ty-6fth sections of the Military Bill pro-
vide that the Major General and Brigadier
Generals may select staff equal to that
OF Major Generals and Brigadier Generals
of the regular army of the United States,
and issue to these staff officers certificates
of appointment, which shall have tbe full
force and effect of com missions. until COM
missions from the Governor are received.
Should the Governor be of opinion that
the Major General, Brigadier Generals or
officers of their staff, were incompetent or
disloyal, and should he, on that account,
refuse to issue commissions, it would make
no difference, as their certificates of ap-
pointment stand in the place of commits
sions, and the above-quoted constitutional
provisions are utterly nulli6ed.