The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1898-03-12
TO CALL OUT TROOPS.
The Volunteer Guard Would BE Sent
Forward by the President.

ForWnru ny the freSiuent.
| To the Editor of The Post.
Houston, Texas, March 1o.-Kindly set
tie difference of opinion that has arisen
on a point that may possibly affect many
of US soon.
A. maintains that the Volunteer Guard
of Texas, in other words, the militia, can
be called ont direct by the president at
any time that state of war exists be-
tween this ana another country b. holds
that they are subject only TO the orders
of the governor of the State, ana that he
can order them on duty only in the state
limits; that in the event of war the prss!
dent can call on the governor OF the State
for so many men, and that then the gov
ernor must fill his requisiton by calling
for volunteers. but that he can not order
out the State troops TO fill the call.
Neither doubts that enough and more
than enough men would be eager 10 volun-
teer, the question being what Is the proper
mode OF calling them out. Yours truly,
Al. Benson.
The Volunteer Guard as now organized
would be sent forward in case of call
BY the president on the governor OF the
State for troops. Authorities on the sub
iect are as follows:
Article /, Constitution of the United
have rover (15) To provide for
calling forth the militia to execute the
laws of the Union, suppress Instructions
and repel invasions
Art. ~, Constitution of the State of
Texas, Section Tile ithe governor) shall
be commander in chief of the military
forces of the State except when they are
called into actual service OF the United
States.
Revised Statutes. State of Texas, Article
34l9-The volunteer guard shall constitute
the active militia. Shall be first
called into service.
Same, Article S42O.-Volunteer guards
shall be constituted by voluntary enlist
ments for a period OF not less than three
Same, Article 3424.--+ officers and
members shall take and subscribe to the
following oath u II will faithfully
observe and obey all laws and regulations
and the orders of all officers elect
ed or appointed over me o."
Same, Article 3456.-The military forces
OF the State in time of war, insurrection
invasion or imminent danger thereof shall
-
Il. The manner of the calling out OF the
militia by the president under the act of
lIao (section 1912. Revised Statutes.l ~
indicated by the supreme court in the
leading case of Houston VS.. Moore. whsre
ders may be given to the chief executive
magistrate OF the State, or 20 any militia
othcer he may think proper The call
would ordinarily be addressed to the gov
ernor, who, in most of the States is made
commander In chief of the active militia
OF the state. further form indeed OF
calling out the militia, viz: Iiy conscrip-
tion, was authorized during The late war
by the act of July II, 1862.
~ The president has no original au-
thority over the militia by right Of his
ofiice He can only call them out when
congress provides for his doing so MS the
agent OF the United States for such pur-
pose. When the call is complied with the
militia becomes National militia and he
becomes their commander IN chief The
law governing his exercise Of power in |
calling out Is found in sections l64o 5297 |
o2as, and 5299, Revised Statutes.
=. Unlike volunteer regiment where |
me muster-in fixes the commencement al |
the time of actual service, II Is not es |
sential for militia organization that tbsro
should be formal muster.n. To bring /
II into actual service OF the United State,
u In the exercise of Its constitutional |
power to provide for calling forth tha
militia and 10 provide for organizing The
same. etc. congress has made no distinc-
ION between any different portions OF the
force, or recognized any such norton Al
National guard The law relating To Inc
subject (sectians 1925 and lsla, Revised
statutesl contemrlstes but single in
tegrai body ms constituting the militia ana
as liable 10 he called out Under tho ex.
isung law the National guard of 4 state
Gan NOT legally be called out as such. upon
a call the governor NAV indeed order tben
out, as being organized and available So
lar as they will so to make IN the man,
her q mllitif required" fFron, Wintbrop.s
Digest OF Opinions OF the Judge Adyo-
ea,ss ss ,eHerai OF the Army. pages Jis, $40
the above Information was furnished .,
the request Of Ths Post by Lieutenant ~
". DreS y. $. A.. military adviser ~
Governor MCPHERSON.
Livingston Local.
No would rather wear the mythical
'prass collar" than be compelled 10 dr,,, a.