New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-03-03

mcnt Of an Act OF Congress winch Jhe u o.
Circuit Court has pronounced constitutional.
The prevailing idea which undcrlies the opin-
ions of the statesmen above mentioned Is eY-
identity that of the exclusive sovereignty OF
the Staie-the right to give or withhold its
military nj its pleasure 1t is, in fact, the old
noliticol bcresy of the South the same that
caused Fort Sumter to be fired upon, that par
alyzed the u. 5. Government under bu-
chanan, caused Lincons proclamation 10 DC
sco(1ed NJ by the Governor of Kentucky, ana
the Southern officers TO quit tho army when
tboir States seeded Article ", Section a, OF
the Constitution says
M toi,d stales shall guarantee To every State In
tbt. Union A republican form OF government, and shall
urotect each Of them against INVASION ana on appea
lion of the Legislature or OF the Executive C"hen 'ho
Iegi.Iaurs cannot DO convened, against domestic yO
ence."
The Act of Congress of February %, 1795,
passed during Washngton's Administration
says:
SECTION nThat whenever the United states shall DO
invaded or be in imminent danger Of INVASION from any
foreign nation Indian tribe It shall be Lawful Tor INC
President Of the United States to call forth such number
o the militia OF the state. States most convenient 10
the pac Of danger or Of action a. he may Judge
necessary to repe such INVASION and to issue MS ORDERS
for that purpose such officer or officers OF hemta
ls he shall think proper And IN case OF an nsurecuoh
I'm any state against the Government thereof Sai DC
Lawful for the President OF the United states on appca-
ton Of the Legislature OF such State or OF the Executive
fwhon the Legislature cannot be conycned to call forth
.uch number of the militia Of any other State, or states,
"a may be applied for. he may judge sufficient TO sup
press such instruction"
syc O. That whenever the laws Of the United states
shall be opposed or the execution thereof obstruced, In
ny state by combinations too powerful be suppressed
hy Che ordinary course Of Judicial proceedings or by the
powers vested in the marshals by this act 1t shall be
lawful for the President Of the United States to call
forth the In tia Of such State Of any other state or
states s may be necessary to suppress such compiha
tions apd to co,se ne iovs IN be duy erecuted"
The Act OF Congress of March 3, 1907, passed
during the Administration of President Jeffer-
son, prescribed:
That IN at cares of INSURE, lion obstruction OF the
laws, either Of The United states or OF any individual
state D. Ter'or where is lawful for the President OF
e United Stacs TO call forth the militia for the purpose
OF supurcsug U IA lEsurecton or Of causing the laws
10 De duly executed t hal be lawful for him TO employ
Tor the purpose, such part of the land or naval
force of tho United states ~ shall be Judged necessary
This Act of 1875 came before the L. ).
supreme Court while presided over by Chief
Justice Marshall. in 1920, in the case of iious-
ton art Moore i NheatOn'S Rep, p. i5), and
Mr. Justice Washington, in delivering The .iudg-
ment of the Court, said The Presidents orders
may bc given 10 the Chief Executive MaglS-
trate of the State, or 10 amy militia 0Wcer ne
" man think proper" Mr.. Justice Johnson, in
delivering q concurrng opinion i'll this case,
sad page 81 "Ili-lolically it il known that
the Act of 1870 was passed with a
view to a state Of things then existing
Gin the interior of Pennsylvania, when it
became probable that the President Of the
" United states would have to exert the
authority OF The General Government inn
"mcdatoy on detached portions OF the
officers OF the militia of The Union to and in
" the execution OF the laws of the United
Statc4.n Later. in 1921 the United states
Supreme Court in the case of Martin agt.
Mott C3 Wheaton, Rep, p. f0), again ruled
that " the Act OF 1895, which cOnfers power on
" the President 10 call forth the militia, IN
certain exigcncies X II constitutional law,
AMI tie President IS the erciusire and final
judge wLcther the ergency has drseR.'
Mr. Justice story. in delivering the opinion OF
the Cont, said page 30 " The Act OF 1875
" il not confined in its operation to cases OF
refusal t0 obey thc orders of the President
" in time OF public war. On the contrary, that
act authorizes thc President 70 call forth the
militia 10 suppress, instructions and to en-
' force the law, of he United States in times
of peace" Recently, in 1869, Judge Mason
Of the NcwYork State Court of Appeals,
white delivering the opinion of that highly
respectable Court, in the case of The People
agt. Campbell 40 y. Y. Rep, p. 1860, used this
language:
"Congrr,s by Act OF Feb a. 1885, gave full power
10 the President 30 call forth the militia OF the States for
purpose stated for three months, by the
Act OF July T., 1902, the time extended TO nine
months The Pre- ,ident is made the sole judge whether
the evigchcy ha4 arisen; and i, call may be made by
the President upon the State Executive or by orders to
1,iy 5l,boydin1ie Officers of Uiiii1."
lt is plain from these acts and decisions,
a. that when the laws of the State are OBJ
,trurtcd, when there is domestic violence and
the State is not, in the judgment of it's Legs-
lature OF Governor. able to enforce them with
its own power. aud applies to the United States
for aid, the President is empowered to send
into it the militia of the adjoining States and
(2.) that where the question is either one of
external danger or Of resistance 10 the lars Of
the United States, the Governors are but the
Presidents subOrdinates, and have no part
whatever but such as he may assign them
The President is the Commander-iD Chief of
all the forces of the country, and he can le-
gally and consttutOnay exercise his author
ity IA such without the consent or concur
renee of any official whatsoever.
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JERSEY LEGISLATION