The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-04-13
NATIONAL GUARD IN WAR.
Correction of Erroneous Understand.
ing as to scope of state Militia.

-
Washington Letter in New York Times,
The War Department has TO answer every
day inquiries as to the composition OF the
army that may be intrusted with the duty
OF invading Cuba and of conducting other
operations outside of this country
These inquiries, according to Major j. n.
Morrison, of the judge advocate generals
office. are all founded upon the erroneous
conception understanding of the scope of
the state militia or National Guard 1t is
assumed generally that when is de-
clared the President may order the Ma
tional Guard. or. state militia to any duty,
whether inside or outside the national boun-
diaries. This is expressly forbidden by the
Constitution of the United States.
Major Morrison, in replying TO statements
published in number of papers to the effect
that the President may send the militia
outside of the country said:
1T seems passing strange that it has been
assumed bv the National Guard of the
| States, as well as by their Governors and
the people generally, that in case of war
with Spain the President will at once cali
into the service of the United States the or
ganized militia of the States-the National
Guard-as such.
There are only three purposes for which
the President can. under the Constitution
and the laws, call them into tie service
viz: To enforce the laws of the United
states, to suppress insurrection, and TO re-
pei invasion, and there is no probability OF
their being needed soon, at least, for any OF
these purposes. No one is opposing the
enforcement of the laws of the United
States or threatening to do so; there is no
instruction or rebellion in the United
States or any immediate danger of any,
and our country is not now, or likely soon
invaded imminent 6DnsrQr H.
Vasion from any foreign nation.
If the President calls the state militia
into the service of the United States, he
does not thereby change the status of the
| militia or annul the Constitution; the
state militia becomes the national militia,
but it is so only in name to distinguish 1t
from the rest of the militia not in the field.
This militia can be used for only three pur-
poses, the enforcement of law the suppress
sion of instruction, and to repel an in
vasion.
IAN of these things must be done, nat
urally, within the territory of the United
States. No power can make these militia
men do duty as soldiers one inch beyond
the boundary lines of this country.
|. 1T has been said that they can be taken
into the army as volunteers. They can come
into the regular army as individuals, but
cannot be forced in by a presidential ca Il
or by enactment of a law by Congress. The
Constitution places them beyond the reach.
even of the chief executive and the ma
They cannot volunteer as National
Guard as organized state militia The or
eanized state militia and the volunteers
furnished by a State for the United States
service are two separate organizations OF
IN entirely different character. The Ma
tional Guard is ~ state organization for
service in the State which NAV be called
into the service of the United States on the
three kinds of occasions have mentioned,
and used by the United States only for the
purposes mentioned, and within its bor-
ders. When not being SO used by the United
Satfs ts can IL be msed force
pei invasions, etc. but the volunteer or
CARNATIONS furnished by a State for the
United States service cannot be used by the
State at all for any purpose, and can be
used by the United States for all purposes,
IA member of the National Guard can
leave that organization and enter, by con-
tract of enlistment. into a volunteer or,
ganzation to be furnished to the United
States by the State. Or he can enter the
volunteer organization as commissioned
officer, If he can secure commission for
that purpose. He. however, cannot enter
on his militia commission-that is, COM
mission as militia officer. He must have
a commission as all officer of the volunteer
organization. Whether he would have to
secure his commission from the Governor
of his State or from the President cannot
now be determined because there is no law
in force on the subject, and that is another
strange thing, may mention in passing.
We have always had to depend largely
had any considerable trouble, and yet we
never have had any permanent law author
izing the acceptance of the service of VOL
unteers. On each occasion temporary law
has been hurriedly passed for the occasion
after the trouble was on US. The only way
the regular army be increased to meet
the emergency is to call for volunteers.
THE War Department will, If the MEM
bers of militia organizations volunteer in
sufficient number, maintain such organiza-
tons intact, and have its officers commiss
stoned by the government. This is desirable,
as it would keep up the esprit de corps, and
make every regiment popular and a source
of pride In Its native State. 1t would also
make the war popular, and in a republic no
administration can carry on successful war
unless it is made popular.
II should say, therefore. that the army
of occupation of Cuba, Whatever it may
be called, will DE composed Of the regular
army almost exclusively. st least at first.
Later it will be reinforced by volunteers,
and volunteer regiments and divisions per-
haps will be sent either to that island or
wherever It may be necessary TO conduct
the war
"Such condition ought not to be possible.
We should be better prepared in the matter
of raising troops for war whenever war is
unavoidable As it is. the President will
have, in all probability to call for voiun-
teers as Lincoln did, either with the direct
or implied assent of Congress.