Goldsboro weekly argus. [volume] (Goldsboro, N.C.) 1885-1909, 1898-03-17
The 0raus
a Democratic Newspaper.
OUR SOLDIER BOYS.


of New Jersey in particular,
could be ordered out for service
outside of their own State. or
would it be necessary for them
to volunteer? My impression is
that the National Guard enlist
only to serve the State in which
they are within that States hor~
ders. A READER,
Reply: The President has pow
er to call out the National Guard
Of any State to serve in a State
other than that in which it be-
longs. The Constitution makes
the President Commander>in-
Chief ''of the militia OF the sGvs
eral States, VIXEN called into the
actual service OF the United
States" It provides, also, that
Congress shall nave power "to
provide for calling forth the uil-
tia to execute the laws Of the
Union, suppress instructions
and repel invasions." Under the
power thus conferred Congress
has enacted several laws providS
ing for calling forth the militia
of the various States. One Of
these statutes IS to be found in
section 1915 Of the Revised
Statutes, which provides that
whenever the United States are
invaded, Or are in imminent dan
ger Of invasion from any foreign
nation or Indian tribe, or of res
bellion against the authority of
the Government Of the United
States, it shall be lawful for the
President to call forth such nuns
Der of the militia of the State or
States, most convenient 10 TIE
place Of danger, or scene OF ac-
ton, as be may deem necessary
to repel such invasion, or to sup
press such rebellion" Other pro-
visions Of law authorizing the
President 20 call forth the mill
tia of one State for Service in
another may be found in sections
5297 and 1898 Of the Revised
Statutes. N Y. Journal Of Com
MERGE.
What in many other States
are called "the National Guard, y
we here call "the State Guard"
But should they be called into
the service Of the United Ststes
they would be subject to the
same regulations as the troops
Of the United States, except that
courts-martial for the trial Of
militia would be composed Of
militia officers only. AL officers
above the rank Of colonel would
be appointed by the President.
It belongs exclusively to the
President to judge when the
exigency arises in which be has
authority under the Constitution
to call forth .the militia, and his
decision is conclusive upon all
persons. After militia have been
called forth and entered into the
service Of the United States,
their character changes from
State to National militia"
A more important question
than that decided by the Journal
Of Commerce is, whether the
President could order the militia
out of this country. We find nc
express provision Of law upor
this subject, but Congress has
enacted that when militia have
been mustered into the nationa
service, they shall be .tsubject tc
the same rules and regulations
6LO dIItClGS III oil DIS 0IO bIiE
troops of the United Staies.'
Yet militia have been known tt
refuse to cross the line. One
such instance was in 1912
during our INVASION of Can
ada, when a considerable nun
Der of New York militia re
fused to cross Lake Ontario
others, however, crossed aud dit
valiant service for their cCun
try.
So far as we know, the Unitet
States Government has neve
yielded to the idea that it coulC
not order the militia out of tn
country, but as far as possible
has adopted the policy of using
them for home service. In cas-,
nf war with Spain, we doubt no
that with such Of the regulars a
could be spared, aid volunteer
Offering for foreign service, W
should have all the men we need
ed for purposes of Invasion; i
not, the President and Congress
could put their powers to til
test.
lEwHF1 Ea4o Lorx. 2E.nn1