Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1898-04-07
LIABLE TO SERVICE.
National Guard Can Be Called
Out Of the State.
According to Old Decision Of Supreme
Court on the Matter.
Another Law that Makes a Naval BRIGADE
Possibility.

called for duty out of its own State, at
the Will and pleasure of the President"
These are the words of Arson NJ God
dard. one of Augustus bright young law
yers who has been taking great deal
of interest in what has been transpring
in military circles lately. and he has
taken this stand on the question only
after having assured himself that he is
right in the matter by closely studying
the laws relating to military matters and
hunting up the decisions of the United
States supreme court in regard to this
one point
Several days ago, Mr.. Goddard and 9th
ers We're discussing the matter of the
liability of the Maine National Guard for
service outside the State. without the
consent of the members of the Guard.
Mr.. Goddard took the stand, against
the Others. that the Guard would be liable
to duty outside the State, as it is really
a body that is armed, equipped and par
TALLY supported by the United States,
and is in reality a part of the regular
forces of the government.
The others. partly from their knowledge
Of the case, and partly from the belief
that is so common. even among the lead
ers- in. military affairs, thought that he
was wrong. and that gentleman set about
Ito uphold his position.
Mr. Goddard found that without doubt
one Of the reasons why the people thought
that the Guard is not liable for duty out
side he State arises from section in
the constitution of Maine in article V,
part l. section !:
"He che Governor, shall he com
mandor-in- chief of the army and navy
of the State and of the militia. except
when called into the service of the
| nited States. but he shall not march
nor convey any of the citizens out of the
State, without their consent. or that of
the Legislature. unless ii shall become
necessary, in order to march or transport
them from one part of the State To an
other for the defence thereof.
To prove the matter of the power of
Congress or the President to call out the
militia of a state, Mr.. Goddard first re-
fors to article /. section s. clauses u and
H. in the constitution of the United
States. 1t reads as follows:
Congress shall have the power:
''To provide for the calling forth of the
militia to execute the laws of the Union,
suppress insurrection and repel invasfons.
ITO provide for organizing. arming and
discipining the militia, and governing
sue part ol mem as mag p' ein t''S W.
Inr,,ina to tho states rcspectiyeIv the
appointment of the officers and the au-
thorltE oi training Inc hlAi'ia i"liiE
~ INV 80 Pm -
nv" - - -
of Martin vs. Mott reported in u
" ile"'''' 10. "'''' II .,'F'
"VNi'''" ~ '
VISIONS oi ''ie ''''9'i' u'i'.' nv
e""s'
IN Pc 20 ~ W. ,,,o,idnd .,bat wbenoyer
the United States shall be invaded or be
in imminent danger of invasion from any
foreign patton VI rlluilt s ~
States to cali forth such numbers of the
militia of the state or states most con-
Nehleht 10 lht platt " ,,,,o oi ~
W. ,,I ;n,,acion aud to issue his order
for that purpose to each such officer of
the militia. as he snail thlhk proper Ahd
nm pr "a tat1ii ~ 10 ASSASSINATION,
=. 49,, 49,, ,,o,.,, da,ioa bore that the
,-o- :. ,,.;++;n tba constitutional
! Congress-
-. 49,. ,,,,f,,r,, ,r,,.;do for casas Of i'm
-. ,,,., ;,,.oe;o,, ,s p,e,, &c fo,.
- .,,,.,,,x an, ;,vae;on has actually
-. ,.,.,.As~.1,,~ o,,,. o,,;,;on there is no
. s,. O 7o,,,+ on This noint even if
ii b5d haan relied on for the power to-
., e.. a,,;,n ;,x.siops Includes
- - ;n,.oe;o, as tho NECESSARY
,onor ,,eans to effectuate the oh
- ~. ,os+ ,,aopc to renal in
..,; +. 90 ,,,ro,ide tha reouisite force
cotton, haforo Tho Invader himself mas
reached the soil
nj, o,,-o, Tim. confded by Congress
~, Du;d,+ IL doubtIess of q very
b;cb and delicate nature A free people
r,,uauv Jealous of the exercise of
,,il;+.,,, mower and the mower to call the
,,iI;tia into actuaI service is certainly
,a,+ ,o no one of ma ordinary magnitude
D,,, - ir nat q nower which can be exc
,,..d u,itbo,,t - corresponding rcsppnsi-
h;,i., I, !. in its terms a limited power.
o,,inad ia actual invasions, or of i'm
;. d,noor of invasion If it be. a
,:.,,;.n, ,,.,,,o, tho question arises. by
,yhoo * the exieencv to be judged of