The sun. [volume] (New York [N.Y.]) 1833-1916, 1892-01-21

To THE EDITOR OF THE SrN-Sir: In an In
tervicw reported in to-day's Sun with Adit.-
Gen. Porter in reference to State troops avail
able in event OF war with Chill. the General is
reported as saying tho President can order
the State troops out to rcpel an invasion. in
case Of rebellion against the laws OF the United
States. or to enforce the Federal laws in State.
or II ono State asked for assistance he may
call out the militia o. any other State to cvo
assistance. Whether this means that
the State troops in the event Of war with
foreign country could be called upon for SER
vice outside the United States is a question
that has never been tested
The power of tho President. as defined BY
article H.. section . OF tho Constitution. is as
follows: 1.-The President shall be Commander
in-Chief Of the army and navy Of the United
States and OF the militia Of the several States
when called into actual service OF the United
States"
Adjt. Gen. Porter seems. in this interview.
to make tho great error that many have
made before. Of confusing the National Guard
with the militia. l presume that in speaking
Of State troops" he refers to the National
Guard as now organized.
Every citizen Of tho United States between
the ages OF IL and 30. physically capable OF
bearing arms. is ipso facto miltiamnn. This
Is one OF the burdens Of citizenship and can
III no way Ue aNOlucu. IL IL compulsory.
On the contrary. membership in the National
Guard is purely voluntary and not compulso-
r. tint is tt the 1ninS is Voluntary The Ma
ganized bodies under the laws nt such State
The duties and obligations assumed when en-.
solely to that state; and the liability for SER
wee must necessarily be co.eStensiye with the
the National Guard Of any State does not in
any way relieve any citizen from the burden
cast unon him as militaman. neither does it
I'm nIntnn To
Lershir in tie National Guard in NO. o.. way al
increases nor decreases the power oithc United
States to demand his services as a mlitiaman
National Guard are entirely separate and dis
tinct while every Euardsinan must necessa-
rly be mlitiaman. yet no militaman need
:, This distinction has been repeatedly held by
the courts Of The several States In court
ofilcero the National Guard for speaHins dis.
esdent the Gted sates It %ss |b By
the court that the President was commander
in,chief Of 4, the militia but not Of the National
Guard. and that II court composed Of National
Guard officers had no jurisdiction over the ac-
cused for the offence alleged. and tho charges
,Xolum;ino'ns relating to the calling in service
briefly stated as. first. volunteers. and after
ward drafts. the State, having the power to
cnoosefhe officers and full control unit! tho
troopsare mustered into the service Of the
United States.
There can be no question that the militia
once in the service 81 the United States can
be sent to any quarter Of the globe the Presi-
dent may deem fit. as was the case in the Mex
lean war.
1t is equally certain that no Guardsmnn. by
reason Of his enlistment in the National
Guard. can be compelled to do military duty
outside Of the State in which he is a member
OF the Guard.
In one sense the name, national is a, mis-.
homer. and such organizations should be
called State Guards: yet in another sense it is
not nisnomer. ms experience proves that
organized and equipped as our National Guard
Is. It Will to the first to volunteer to enter the
held to uphold the honor Of the nation.
NEW YORK. Jan. H. 1882 Il C. w