Democrat and sentinel. [volume] (Ebensburg, Pa.) 1853-1866, 1863-08-05

OF the several States and subjecting !
TO the command of the Preside, u
place all the militia in effect at + w
Congress, and produce military WI
dation of the States, without a6v 'eS
sutional remedy against the Intent, ,ol'
the people when ratifying the r5 y
Constitution. Indeed since tbo
of the act of Congress of Febr,srIr. ~ :
1875, vesting in the President tbs
of calling forth the militia, when n
gencies mentioned in the Cons.
shall exist; if the President h.,
power of determining when thoSa =,
cies exist, the militia of the severaT !
is in fact at his command, and srbs.
his control.
No inconveniences can reasonslJ-
presumed to result from the constr.
which vests in the commandcrs.n-J
of the militia in the several States
rights of determining when the eyioar.
exist obliging them to place the mF
in the service of the United States NJ
exigencies are of such a nature tbs,
existence Of them can be easily -,
tanned by, and made known TO- the or
manders-in-chief of the militia
when ascertained, the public Interest =
induce prompt obedience to the acs
Congress.
Another question proposed for the c7
sideration of the justices is. wbal-
when either OF the cxigencics exist.
thorizing the employment Of the milia
the service of the United States. The
litia thus employed can be lawfully o.
manded by any officer but of the m,a
except by the President of the Cl.
States.
The Federal Constitution declares
! the President shall be Comnml--
/ Chief of the army of the United Sal,
He may undoubtedly, exercise the c
mand by officers of the United Stats
by him commissioned according to lgs
! The President is also declared TO b
! Commander-in-Chief OF the militia
the several States, wher called into a.
ual service of the United States. II
/ officers of the militia are to be appoint
! by the States and the President nav sE-
| ercise his command of the militia BIZ
officers of the militia duly appoae
But we know of no constitutional wu,
ion, authorizing any officer Of the az7
of the United States to command the n
litia, or any officer Of the militia to c-
mand the army otihe United Sale
| The Congress may provide laws
the government of the militia, when
actual service but 10 extend this pos
to the placing them under comm
of AN officer not OF the militia, eHri
the President, would render nugalsry l
provision, that tn, nIilitiaarc 10 Jas
officers appointed by the States.
The union Of the militia in the aca
service of the United States. with (,
troops of the United States, 50 as to tu
one army, seems 10 be a case not n7F
ded for or contemplated in the ColSaa
tion It is not. therefore, IN om dGa
ment To determine on whom the c1-
mand devolve in such an cmergeucy H
the absence of the President NI"T
one officer. either of the militia or Of NJ
army Of the United States. to b. ~'.
according to military rank, should 'e
mand the whole: whether The corr, mus
be commanded by their respective oito>I
acting in concert aS allied forces: oTU-
other eXpedicnt should be Adopted
questions to be answered 10y others
The undersigned regret that th' dlsia1s
of the other Justices of the Supreme 's
: dicial Court renders il impractcaot q
obtain their opinions seasonably upon u
questions submitted.
THE0PH PARSdS
Signed SAMUEL SEwuI'
Isaac PARKFR
These are among the most emna e
legal names in Massachusetts, Law H.
tory. Pending the discussion in Con9eS'
Daniel Webster and the great a"!a
Mason. both of New Hampshire VIII
Chief Judge Dagget, of Connecl,l-
spoke in the same vein-but IN SiT"'-
words of condemnation of the then P'
1 DOSed draft