The morning news. [volume] (Savannah, Ga.) 1887-1900, 1898-03-19
IN CALLING OUT THE MILITIA.
Regulations Which Show the Presi-
dents Power to Employ State |
TrOOnS

~
Troops.
From the New York Sun.
Washington, March 15-Three questions
pertaining to the calling out of the mi
litia have been a source of controversy
for some time. and are of special i'm
portance in the preparations which are
being made for possible war. These have
been answered by Lieut.. Col. George B.
Davis. deputy judge advocate general of
the army, under authority of the adjutant
generals office. The questions are:
/. If the President of the United States
should call out the militia of one state for
duty in another state would it be mus
tered into the general service by any oath
other than that administered to the men
as militiamen in their own state?
2. Does the call of the President neces-
sarily have to be through the Governor of
the State?
8. In calling out the militia would 1t be
within the powers of the President TO des-
ignate certain organizations, or would he
have to limit himself merely to making
requisition for a certain number of men?
Col. Davis says. in answer to the first
question, that under the practices estab-
lished by the war departmental practice
however. neither required nor expressly
sanctioned by law-an oath of allegiance
is essential to the muster in of militia
troops, under the act of July H. 1862.
f''Being a condition imposed by order or
regulation merely" he says, land not a
statutory requirement, 1t is subject to
change, or modification, by the same au-
thority. 1t is proper to observe, how
ever, that one of the chief reasons for the
imposition 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 ex-
lists and would serve the same useful pur-
pose 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 mill
tia is that contained in the act of July
IT, 1852 which requires that when the
militia of more than one state is called
into the actual service of the United
States by the President, he shall appor-
ton them among such states according
to representative population On the
other hand the act of Feb g. 1895, con-
ferred authority upon the President to
call forth such number of the militia of
the state or states most convenient to the
place of danger or scene of action as he
may deem necessary TO fepel Sucn lnVa-
sion or to suppress such rebellion, and to
issue his orders for that purpose to such
officer of the militia as he may think
proper The call would ordinarily be ad-
dressed to the Governor. who, in most of
the states, is made the commander-in-
chief of the active militia of the state
Such, indeed, has been the practice of the
executive since the formation of the gov
eminent under the constitution"
In regard to the third proposition this
explanation is given: 'Under the authori-
ty conferred by the act of Feb. %, 1895. it
would be entirely within the discretion of
the President TO designate certain organi-
cations for service under the call. If
there be no organized militia in the state
pointed out by the act of July H. 1852
as the one from which the militia should
be drawn, the power to designate becomes
impossible of execution, and the call must
in consequence be addressed to the Gov
ernor of the state. 1t is proper to say
that the latter course is the one properly
to be pursued under ordinary circum-
stances. IT. IS only when an emergency
of time exists, or the loyalty of the mill
tia Of particular locality is doubted, or
where there is reason to believe that the
executive will not honor the Presidents
request. that the call should be address,
ed directly to the commanders of the mill
tia organizations whose services are be-
lieved by him to be necessary to meet
the existing emergency"