The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-11-18
CALLING OUT THE MILITIA.
A QUESTION As TO VINO MAS IHE
pOWER 10 10 TH1T Jon.
Attitude OF Gen. shnier on Election Day
Mavor Wickhnm says that he should be
Court MnrtiaIed-Wb the General says.

National Guard. This. In connection with the
reported armament OF the Colorado and the un-
sual and apparently uncalled-for activity at the
Navy Yard, caused considerable uneasness In
the city yesterday Several prominent gentle
men were consulted by representatives Of The
SUN, with the following result:
Question-1t Ia said that the Federal nuthorl-
ties notified you the night before election, or at
your interview with them that thev had ar
ranged with Gen. Alex. Shacr for the aid OF the
First Division OF the New York State Militia on
election day. IL that the fact2
Mayor wickham-It Is. The United States
officials claim the right to call out our state
troops without the Interference Of the Governor,
and when we met to consult about the details
of the election. 1t was publicly stated that Gen.
Shaler had agreed to recognize their requisition.
1t was an extraordinary claim, and a more sim
gpl ar concession. should saw that Gen. Shaler
laYu himself open to court martial and dismissal
from tho service. There "a but one channel
through which the President could communi-
cate with him. and that's the Executive at AL
bany. Gen. Sbaler has no more right to order
out our troops at the direct command OF tho
President than you have. You might get his
reasons from him. rm certain could't give
them.
WHAT GEN. sHALER SAYS.
Quostion-You are still In command Of the
First Division OF the State milltiar
Gen. Shaler-Ies.
Question-Who Is your superior oflcer7
Gen. Shaler-rhe Governor by virtue OF his
once The individual has nothing to do with
II. the Governor Is absolutely in command
lie wear the uniform, aud send us where he
Ouestion-Has the President OF the United
states ANYTHING to do with your
Gen. shaler-Certainly. lie has the right to
call on me TO 90 all lawful acts
Queston-Without going through the Gov
Gen. shaer-Certalnly. For instance. when
we had our troops out last TO look out for riot,
was the time OF the Orange difficulties. put
myself In direct communication with each de-
taohment. didn't SEND any orders through the
my once, to be In readiness for anything l
might need. but personally directed every dis.
nv orders to the Brig gadiers. but m can while the
orders were enforced direct just So with the
President or MS representatives in times OF
emergency. He would very properly call d.
rectly upon me, without going through the
foImAllty of sending through the Governor.
Question-Nas IL SO understood at the last
electiOnf
Gen. shaler-well, yes. Iheld myself In readi-
The Federal officers called on me. and assumed
they knew what they we're about. The United
States District Attorney Ia a lawyer OF eminence
and qualified to advise In such matters. They
showed me extracts from the election laws to
the effect taat msrshals bad the Iish, 70 call on
arrest rioters, hold prisoners. ana so on. OF
course should post myself on the legality oi
Question-Would you IN IAN emergency"
Gen. Shaler-In that case 1 should take the
risk
Qucstion-But suppose tho Governor should
order You to do one thing and the President
should order you TO do another, what would
Gen. Shsler-Dut that depends on the orders.
But such q contingency is improbable. inipossi-
Lot the people down south settle their dificul-
ance hrs not the men VINO fought before; they
are the stay-at-homes and carpet-oaegers. In
any event it IA not likely that any disturb tnce
here would call for more than a COMPANY or so.
so thore would be quite enough for the Governor
to call out aftetward " he wished.
WHAT MAYOR wIcKHAN SAID AGAIN.
Question-Gen. smaller claims that the mar
shals have right to call on him; what do you
Mayor wiokhsm-Bosh That's based on
Gr4npa Taft's order. He took the ground that
the marshsls h ad the risbt to call In any person
standing near, as part Of the posse. and the
soldiers being near they were to be called on.
And so | suppose they put no this job on
shaler. He was to have his troops handy 40
they could be made part OF the posse. No, sir !;
eerous occurrences OF the times. Il rightly sub
jects Shaler to court msrti ana dismissal from
the service. WHAT reason he can give for not
commupl eating with the Governor is beyond my
imagination,
WHAT COMMODORE NICHOLSON SAYS.
Commodore Nicholson, a genial gentleman.
and the youngest ofncsr who has ever held tpe
rank and position OF Commander at the Brook
lyn Navy Yard willingly answered all questions
asked him.t
Oueslion-Do YOU know OF any extraordinary
preparations being made now In this yard TO
meet any eIpeeted troublel
Commander Nicholson-None at an
the vessels In your yard III condition Tor imnie-
di ite user"
Are you preparing any vessels for immediate
sesyN,GeiE se5NsiE
lin truth" said the Commodore. "everv-
thing is very duh and stupid over here. and We
are doing nothing beyond the merest Routine
work.
WHAT THE LAW SAYS.
Much Of the legislation OF Congress supposed
TO bear on this point 49, 10 saw the least. OF very
doubtful constltutionaliiy. especially sinc Q re-
Court. The act OF April y. ls66-Revised Stat
utes, title XIV. section l.sos- authorizes the
President, whenever he has reason to believe
tnat offences have been or are likely TO be COM
mitted, In any judicial district, against the
elective franchise or the civil rights Of citizens,
to direct the Judge. Marshal and District At
torney Of such district TO attend at such place
and trial of persons charged" Section
1889 authorizes him. "or such person as he may
empower for that purpose, to employ such
part of the land or naval forces OF the United
States, or Of the militie. as may be necessary TO
aid In the execution OF Judicial process Issued
under any OF the preceding provisions, or as
shall he necessary To prevent the violation and
enforce the due execution OF the provisions Of
this title An earlier section undertakes to au-
thorze any person appointed In writing by a
United states Commissioner 10 execute
warrants in the county to summon and call to
his aid "the bystanders or posse comitatus OF
the proper county, or such portion OF the land
or naval forces Of the United states or OF the
militia, as may be necessary to the performance
OF the duty" The power To call on the militia
| OF their own motion IL nowhere given to mar
shals, as such, In terms; II resisted OF impeded
In the disco arge OF his duty, the marshal Is en-
| powered tite XVI, sec. 2,O.4) to "summOn and
| ell to MS aid the bistanders or posse comta-
tus OF his district" Title Xix. sec. 5.2gg. lakes
| 1t the duty OF the President, whenever the
| execution Of the laws OF the United States is
| opposed or ohstructed by insurrection, violence,
| unlawful combination or conspiracy, to take
| such measures 10y the employment Of the militia
| or tho Lana and naval forces Of the United
| 5 tate-, or OF either, or by other means, as he
| may deem necessary, for the SUI preston Of
| such nsurrcction, domestic yoonce, OF combi-
! nations" But the next section makes II
equally the duty Of the President,
| whenever IN his judgment, IL becomes neces-
| sary to use the military forces in this way, u
| " forthwith, by proclamation, command the IN
surgents to dispeTss aud retire peAceauly g.
| their respective aOodes, within a limited time
| We have not as yet seen any such proclamation
| addressed TO the people of New YORK. li"s
| Gen. Shaler All advance copyf
! The Seizure ofa spanish steamer nv Cubnns
HAVANA, Nov. lT.-Addtional particulars o
the seizure Of the steamer Moctezuma have been re
ceived Only the captain and three seamen were killed
ana eight passengers with nheen sesmen, were lande