Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-03-23
MILITARY QUESTIONS.
ADJurANT-GESERAL MALE RE-
CEIvEs MANY OF THEM.
The PRESIDENT AID STATE TROOPS.
"hether He Has Power to Order
fhem Ont without Communicating
With the Governor-MiIftia to Re
sent Ont OF the Country.

No udNy mail now received by Adju
taht-General Male is very heavy.
feopie from all over Virginia ar
"riting on military matters, making IN
quif1es about regulations, usage, and Gus
toms General Nalie replies to ALL bu
does not In every case answer the ques
IONS. There is lots of the soldier about
the Virginia Adjutant- General. partl,
natural. partly the result of his -four
years training at the Virginia Military
institute. partly from his long service
with the Virginia Volunteers. He is slow
TO express an opinion, slow to speak IL,
FULLY az slow to write II. He will not
always decide a query when received but
refers the writer to the Code to the Fed
eral statutes. or the handbook con-
tanning the military regulations.
PRESIDENT AND GOVERNOR.
He receives many letters asking If the
President, in case Of war, is compelled
TO make demand for troops through the
Governor, or can he simply order any
portion of the organized force OF the
state into service. through its command
Males correspondents want to know
whether, were war declared tomorrow,
President Mckinley would have the
authority to order, say the First Regt.
ment, in the field. without consulting with
Governor Tyler in any way.
General Male refuses to express an
opinion According TO analogy, 1t would
Clearly seem that the President has no
such power. The military regulations re-
quire that an order from the commander
in-chief shall pass through the various
grades until IL reaches the officer at whom
II is finally directed. For instance, when
the Governor Of a State desires TO order
out a military company to protect u pri-
soner from mob violence, his order must
be directed 10 the colonel Of the regiment
of which the company is part, unless
the emergency Is very pressing, and even
in this case, a copy of the order from the
Governor to the company commander
must be sent TO the latter's superior
officers.
THE DEPARTMENTS DECISION.
However, the War Department has de-
cided that the President need not ask
the Governor for troops but may order
out any portion OF the organized force
he may deem necessary. AS TO the I'M
organized force, II would, of course, be
different
a bill is at present pending in Congress
giving to the President power to call
out the militia without reference to the |
Governors of States. This would indi- |
cate mat the power Is not at present |
clearly conferred. An authority in mat
ters military expressed to a Dispatch re- |
porter yesterday the opinion that the |
Chief Executive is compelled to call on |
the Governor for troops, and cannot order
out a particular portion of the State mill
tary without reference to the State Ex-
ecutive, their commander-in-chief.
OATH OF ALLEGIANCE.
IT is also frequently asked If an oath
Of allegiance will be required of the men
after they enter the national service
me virginia volunteers take this oath
On entering the State service so It is pre-
sumed they would not have to do so af-
ter they have been mustered into the
regular army. The War Department
kinks the oath test of loyalty and
prefers its being administered.
AS TO ARMY OF INVASION.
The question has also been raised as
10 whether the President can order
roops not of the regular army out OF
he country. The Constitution and sta
utes empower him to call out the mill
ia ito suppress instruction and repel |
nvasion." Nothing is said as to his
'ower to order them beyond the limits of
ne country. During the war of 1872
ertain Of the New York troops refused ,
o cross the border into Canada, holding |
hat the President had not the authority
o send them out of the country.
In the Mexican war American volun-
GERS were sent into Mexico, and the
uestion as TO the Presidents right to
rider them thither was not raised. The
anne authority, 10 whom reference has
cen made, thinks the makers of the
did not mean to imply that
lilitia could not be used as an invading
,rce: that in those days the United
tates were weak and in danger from in
aston. and that the lawmakers did not
link much about invading territory. lie Z
lought the President could send troops G
, Cuba without stretching the power in /
ested I'm him by the Constitution. 5