The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-08-25
A Danger and n Duty.

Al the foundation Of the present United
! States Government and the establishment
Of the Constitution, Congress was given tho
power and duty to enact laws and rcEula-
tions for the militia of The States. A little
lntcr, in one Of the earliest amendments TO
the Constitution, IL was declared that, A
well regulated militia being essential to the
safety II free Institutions, the right of the
people to bear arms shall never be
niingcd.' In 1892 Congress passed its first
general militia law, amended in the years
1914 and 1916, adequate at that period but
long since Obsolete; and since that timo
nothing Of any real importance has been
done In the matter, beyond regulating the
manner in which the President calls out the
militia In ease Of danger Until the period
OF the civil war, this act was to be performed
only through the Governors Of States, except
in case OF "mmincnt foreign INVASION"
when the President could order militia OIL
GERS directly. No insurrcctiOn. however
formidable. conferred this power upon him
without the consent of Congress. During
the civil war, however, Congress conferred
on the President the same power i'm case Of
danger of Instruction" that he formerly
possessed under pressure Of foreign inva-
sion. namely, that Of giving direct orders to
militia officers This law, passed in 1861 as
a war measure, still remains unrcpcalcd in
the Revised Statutes of the United States
While the measure was ju-tiflablc at the
period it was passed, unity Of action being
necessary in time Of war; its retention on
the statute books during profound peace
gives an interruptions Prcsidcnt-w whether
NJ jtro or only dc JfdciO-a power which may
bc abused when the occasion comes with
fearful effect. 1t places in the hands OF such
n man the liberty ct proclaining a state Of
revolt where in truth none exists, and of
calling in the militia to assist the regular
army in settling political questions to
please his own idea of the interest Of his
party.
This danger was real and imminent at one
time during the preparation of the electoral
fraud at Washington GRANT had collected
all the regulars he could spare TO ovcrawc
Congress. hut they were not quite enough,
and IL was proposed that Gen. SMALLER, COM
handing the First New York Division Of mill
tia. shouldbc called on to order out the New
York city regiments toassi-t the regulars in
seating HAYES and cheating TILDEN. Gen.
SMALLER may never have received the direct
order, hut he expressed at the time, through
several interviews his determination to obey
II should it be given him. In case Of conflict
between the orders Of GRANT, then Prcsi-
dent, aud his State Cummandcr-n-Chief.
then Gov TGLDTN. SMALLER would have boon
bound under the law, ~ il sal stands, to
obey GRANT. even to the extent Of arrcsting
lILpES. had the order boon given.
This danger continues to exist, and may
again become prominent in 1881 "a in 1877.
Should GRANT run for third term it may
easily happen that HAYES, being I'm power,
may wish to serve GRANT as GRANr served
him, 10y using armed force to influence n de-
cision in favor Of the Republican candidate.
Under the law. a. it now stands. he can or
der out the militia Of any state To act with
the regular forces In suhycrt.ng the will of
the people, expressed "a; the polls This
power should bc taken away from the Tx
ecutiyo ciho', even ii filled 10y a genuine
President. for GEASr has shown Us its
drngrrs In III" hands 81 an irresponsible
!'1cud, likt i,Ails IL i. certain to Dc ABUSED
when the opportunity occurs.
The militia, in the hand, of its proper au-
thuritics, il the buwark Of free institutions
ina the hands of a dictator it may bc made
the means Of ovelthrowing them entirely.
Iht Frstl,1 ~hluti haze no polcr 10 or
Der oW NJ, miid witbo0 tie consent If Con-
gross, except ~ cas-. of Foreign 1,rds'on.