Daily tobacco leaf-chronicle. (Clarksville, Tenn.) 1890-1895, 1891-07-22
Is The Governor in Conflict With the
Constitution

A very serious question has been
raised as TO whether Gov. Buchanan
has the right to call out the militia to
suppress the miners in Anderson
county.
Article 3, sec. 8, of the State consti
tuition, in speaking OF the Governors
right to call out the militia says:
HE shall be commander.n-ch of
the army and navy of the State, and
of the militia, except when they shall
be called into the service of the United
States, but the militia shall not be
called into service except in case of re-
hellion or invasion, and then only
when the General Assembly shall de-
clare by law that the public safety re-
quires it,"
From this clause it is most mani
fest that the trainers OF the cOnstitu-
tion meant to deny the Governor the
right on his own motion and his own
judgment to call out the militia. In
case of rebellion or invasion he is not
allowed to do it, unless the judgment
of the General Assembly shall pass
upon the question and by law deter
mine that the public SAFETY requires
him to call the militia into service.
When the clause of the constitution
is read by the light of the events i'm
mediately preceding the formation
OF the constitution, its meaning if
possible becomes more clear. All re-
member the practice Of Governor
BrownIow in calling out the militia
Immediately preceding the adoption
of the constitution of 1870.
Sec. 5764 of the code of Tennessee,
(M ~ W on which Governor Buch-
anan seems to be acting provides as
follows.
''If it appears to the Governor that
the power of any county is not sufll'
Client to enable the sheriff to execute
process delivered to him, he may, on
the application of the sheriff order
such posse OF military force as is neces-
sary from any other county or coun-
ties"
The sheriff of Anderson county
telegraphs the Governor as follows:
"Governor Buchanan, Nashville:
In this case am unable to enforce the
law. Need help"
Signed, RUFUS RUTHERFORD,
Sheriff.
Upon the telegram from the sheriff
the Governor orders out the militia
acting under the presumed authority
given him in the section Of the code
above quoted. The section seems to
justify his action. But the question
arises, is that section in violation of
the constitution, which says that the
Governor shall call the militia into
service only in case of rebellion or
invasion, and then only when (not
the sheriff of n county, butt the Gen
eral Assembly shall by law declare
that the public safety requires it,
"lf it appears to the Governor"
says the code. But no matter what
"appeaTs To the GovernOr"-it must
appear to the General Assembly, and
after it has appeared TO them, they
must by law declare that the public
safety requires the militia to be
called into service. Can the Cover
nor and the sheriff of Il county on
any state of things by their joint ac-
ton put the militia in the field, and
il an act of the Legislature authoriz-
ing them to do so, not in conflict with
the above clause of the constitution ?
1t seems to us that this is very
grave question. The language of the
constitution seems to imply that the
General assembly must pass upon
the alleged "insurrection or inva-
sion" or whatever the disturbance
may be called, and declare that the
public safety requires the militia to
be called out before the Governor is
authorized to do it.
Since writing the above our atten
ton has been called to the case of
Green 4 Curry, VS., the State 10 sec.
7OS. This case settles the question
and expressly decides that an act of
the Legislature empowering the Gov
ernor to call out the militia when he
deems IL necessary to suppress riots,
mobs, etc, Is unconstitutional.
There Is but one thing it seems to
us for the Governor TO do. Send the
militia back home, convene the Leg
islature In extraordinary session and
let the trouble be met according to-
law. The people of the State VIII
stand by the Governor, In whose
honesty and integrity and tirmness
thew have confidence in all legal
methods, to uphold the majesty OF
the law. But let the law be enforced
according TO law.