The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1898-03-26
THE PRESIDENT AND THE MILITIA
Statement of tho Relation of State Troops
to Central Government.
New York SUM-

Three questions pertaining to the call
ing out of the militia have been source
of controversy for some time and are of
special Importance in the preparations
which are being made for possible war.
These have been answered by Lieut.. Col
George B. Davis, Deputy Judge Advo-
cate General of the army, under authority
of the adjutant-general's office. The
questions are:
/. If the President of the United
States should call ont the militia of one
state for duty in another state would it be
mustered into the general service by any
oatH other than that administered to the
men as miIitiamen in their own state?
Q. Does the call of the President neces-
sarily have to be through the governor of
the state?
g. In calling out the militia would it
be within the powers of the President to
designate pertain organizations, or would
he have to limit himself merely to max
ing a requisition for certain number of
men?
Col. Davis says, in answer to the first
question, that under the practice estab-
lished by the War Departments prac-
tice, however, neither required nor ex-
pressly sanctioned by law-an oath of
allegiance is essential to the muster-in
militia troops, under the act of July II,
IS 62.
ssBeing condition imposed by order
or regulation merely" he says, land not
a statutory requirement, it is subject to
change, or modification, by the same au-
thority. 1t is proper to observe, however,
that one of the chief reasons for the i'm
position of the oath of allegiance to test
the loyalty of the individual members of
the militia. upon their being mustered
into the service of the United States still
exists and would serve the same peaceful
purpose in the future that it has served
in the past"
Answering the second question Col.
Davis says: "The only statutory restric-
ton upon the authority of the President,
in respect to the calling forth OF the mil
itia, is that contained in the act of July
II, 1862, which requires that fwhen the
militia of more than one state Is called
into the actual service of the United
States by the President, be shall appor-
ton them among such states according
to representative population On the
other hand the act of Feb. 2s 1895, con-
ferred authority upon the President to
call forth such number O the militia of
the states or states mos convenient to
the place of danger or scene of action as
lie may deem necessary to repel such in
vasion, or to suppress such rebellion, and
to issue his orders far thai purpose to
such officers of the militia as he may
think proper The call would ordinarily
be addressed to the governor, who, in
most of the states. is made the comman-
der-in-chief of the active militia of the
state Such, indeed, has been the prac-
tice of the Executive since the formation
of the government under the Co1stitu-
tion.''
In regard to the third proposition this
explanation is given: "Under the au-
thority conferred by the aob of Feb. %,
1895, it would be entirely within the dis.
erection of the President to designate GER
tain organizations for service under the
ca l.. If there be no organized militia In
the state pointed out by the act of July
II, 1862, as the one from which the mill
tia should be drawn, the power to desig-
nate becomes impossible of execution,
and the call must in consequence be adj
dressed to the governor of the state 1t
is proper to say that the latter course is
the one properly to be pursued under or
binary circumstances. 1t is only when
an emergency o. time exists, or the loyal
ty of the militia Of particular locality is
doubted, or where there is reason to be-
lieve that the executive will not honor
the Presidents request, that the cali
should be addressed directly to the com
manders of the militia organizations
whose services are believed by hin to
necessary to meet the existing emer-
gency."