The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-18
UNCLE SAM CAN CALL
OUT STATE TROOPS
They Are Bound by National and State
Laws 10 Obey.
TEST CASES AND COURT DECISIONS
Leave No Doubt OF the Authority of
the General Government to Use the
National Guard of Any or All the
stotes.-Requisition Could BE Made
on the nor--Quotations from
Law aud Judge Advocates Opinion
on the important Matter.

ApTOpOS Oh lne war TAIN ulu 'hS
fever of preparing for emergencies by
the United States government says
the Wilkes Barre Leader, there has
been quite little discussion of late
about the rights of the government as
to state troops. The statement has
been made frequently that the National
Guards Of Pennsylvania would be
promptly called upon by the president
in case of actual hostilities and that
the military organization of other
states would also be called upon.
This opinion has been secuted by
| others who claimed to be well informed
| and they have said with all the arro-
gance of superior knowledge that 1t
was absurd to suppose that the presi-
| dent could call upon the National
| Guard of Pennsylvania or any other
state; that they could not be called out
| by any one except the governor, ana
| then only for service inside the state.
The whole matter has been dis
| cussed freely hereabout and author-
| tiles have been shown and quoted that
| bring the inevitable conclusion that the
| United States government can demand
| the service of the organized National
| Guard, and that the only formality
| necessary before taking the troops out
of the state would be swearing them
into the service of the general govern
ment. Now for the authority:
WHAT CONSTITUTION SAYS.
| Constitution of the United states, Art.
| /, Sec. S--The congress shall have power
|" to provide for calling forth the
| militia to execute the laws of the Union
| suppress insurreCtion and repel invasions.
| Revised Statutes, United states Sec.
| vaded or are in imminent danger of in
vasion from any foreign nation or Indian
| tribe, or of rebellion against the au-
| thority of the government of the United
| States, 1t shall be lawful for the presi-
| dent to call forth such members of the
| militia of the state or states most con-
| Vcnient to the place of danger or scene or
| action, as he may deem necessary to re-
| pei such invasion, or to suppress such re-
| bellion, and to issue such orders for that
| purpose to officers of the militia as no
shall think proper
| Section 1914 of the Revised Statutes
provide that when the militia is sum-
| mOred into the service of the United
States that they shall be subject to the
| same rules and articles of war as the
| regular trOops.
Now in reply to all this some one
may have notion that the term militia
| used in the foregoing means the whole
| body of able bodied men between the
| ages of Is and As and subject to mill
| tary duty. But as a matter of fact it
| is plain in the construction of the par
agraphs that the law quoted refers not
| to the general term of militia but to
the regularly organized National
Guards of the states.
In support Of this the Leader here
with quotes the opinion of Colonel
Thomas Dewitt Cuyler, judge advocate
general National Guards Pennsylvania.
He says among other things:
col. CUYLERs OPINION.
"I entertain no doubt, but that such
power is clearly invested in the presi-
dent, under the constitution of the
United States and several statutes
passed by congress by virtue of said
provisions in the constitution
Colonel Cuyler then quotes the arti-
cles from the constitution of the United
States and from the revised statutes as
they have been quoted above. He goes
on:
1T will thus be seen that ample
provision is made under the constitu-
tion and the statutes, for the calling
into the actual service of the general
government of the state militia, and its
government and control while in such
| service.
1.-The constitutionality of the act of
Feb. %, 1895, has been attacked in a
number of cases before the Supreme
court of the United States, and notably
in the case from Pennsylvania of Hus-
ton V. Moore 18th Wheaton,. In that
| BOZ
called upon by the president for active
service under the general government,
Houston, a private in the state militia,
refused to obey the order. He was duly
tried by court martial and convicted.
An appeal was taken to the court Of
the United States, and the whole cues
tion most ably and completely review
cd by all the justices of the Supreme
court, IN separate opinions, in all of
which the right of ,he president to call
uron the state militia was recognized
and affirmed. The case may be re-
Garded as leading one and completely
settling the law upon the points at is
sue.
"'AS 10 the method through which
the president shall call upon the state
militia for active service it would seem
that no prescribed form is necessary
and that under the decision in Houston
V. Moore it is within the power of the
secretary of war to make a requsition
upon the governor in writing for the
services of the state militia
THE ORGANIZING ACT.
Colonel Cuyler then quotes the Act
under which the National Guard
Of Pennsylvania was. organized, and
shows that the National Guard and
militia are synonymous terms and
! that the aforesaid law distinctly
recognizes the relation of the Guard
to the National government and
provides for it's being called into the
service of the United States. He con-
cludes that it is within the power and
: it is the duty of the governor at all
times, under the law, to recognize req
uisition of the president of the United
States or of the lawfully constituted
authorities of the general government
, calling the National Guard into the SER
vice of the general government. An
: other decision of the United States
: Supreme courts says:
1T belongs exclusively to the presi.
dent to Judge when the exigency arises
, in which he has authority under the
; constitution TO call forth the militia
: and his decision is conclusive upon al
! other persons
1.-The clinching OF the whole argument
Is found in the quotation which Major
, Sheldon Potter. Judge Advocate of tht
} First Brigade. N. @. p, makes from
, the Revised Statutes u. S., 1649. This
l provides the penalties which may bt
imposed upon every officer. non com
missioned officer or private in the mil