New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-17
THE MILITIA IN WAR.
HOW FAR HAS THE PRESIDENT POWER
TO CALL IT OUT
THE LAW IN THE MATTER AND SEVERAL
INSTANCES OF ITS INTERPRETATION
NO DECISION AS TO PRECISELY
HOW FAR IT GOES


HOW FAR IT GOES
In the Senate war resolution a provision Is con-
tanned empowering the President TO call upon the
militia o, the various States TO such extent as
may be necessary TO carry the resolution INTO
effect. and it is explained IN the Washington as
patches that this provision was deemed necessary
for the reason that some doubt has existed ns to
the power Of the President 10 call upon the Hl'H,Ia
in like the present one. In fact hish OH
cai is quoted az asserting that no such power eX-
lists under the Constitution. and advises calling lot
volunteers instead Of Ordering the militia 10 me
front.
The power OF the President to order the militia
from one State to serve In another has been ques-
toned. with one exception. every time 1t has been
exercised Strangely enough. that exception ante
dates the first law passed by Congres' giving t"e
President this power. although the act was placeu
the statute books in 1875 Before express author
ity Of law was given TO the Chief Magistrate TO
issue sucn n command to the militia his orders
werc compiled with promptly ana no question
whatever was raised about his acting within the
scope OF his authority But. with perVerseness
which seems somewhat inexplicable. after II"
had been passed which appeared on rs race 10
give the President ample authorit" to use me
militia in this way the power was questioned ''@
frs, time an ATTEMPT was made TO exercise II.
Three times within :he history Of the Nation the
President has found Il necessary TO cal upon inc
militia 10 80 from one State 10 another. Inc MS.
1876 before the beN'rllil'l'' '''''4
be SAID 10 10 fairly settled a firm foundation
An Instruction occurred IN Western renmsyl vania
over the excise laws ana President Washington
called upon the Governors Of Virginia New-Jersey
PENNSYLVANIA AMI Maryland FOR militia 10 compose
au army % l20n men. which was subsequently IL
creased r. 1904 suppress the trouble The Nh'ci
Magistrates Of Virginia. Maryland and Pennsyl-
van,a urompt.v RESPONDED IN person and marched
ut tho head o. their troops 70 the scene OF tn insur
rcciion. Washington himself started Tor the place
20 take command but being recalled by urgent
business ~ the OF government. he left General
Lee c'Lishi-Horse Harry" an ances.cf OF Consul
General Leo % Virginia in command OF all the
troops The citizcn-soidlers accomplished their OBJ
ject and returned to their homes. having marched
several hundred miles.
The spirit OF patriotism which pervaded the mill
Tia M tina, time is shown by "A letter which Presl
dent Washington 10 Governor Lee. on leaving
him IN command OF the army in which he spoke OF
he enlightened and patriotic yea. for me
Constitution and the laws when nae eu W. M" n.y.
comfort Of private NE 20 undertake and thus iar
90 perform IA long and fatisu.rg march ana 10 ei
o os ai, fnl fn fa Inc "''''''''' ~
After tho trouble was over he wrote 10 Mr.. Jay
who had recently gone Minister TO England;
believe that Eve times the number of militia
that was required would have com" forward u :;
had been necessary IL supper OF mem one ,o's,.
ON his occasion as soon the object was iily
understood and the l'ni"ut measures OF w 90
80 M ,',,,,i'a,Dd There ar, Instances y gen
eral officer going AZ the head o. a s.nso Fo2P ~,
=, - ,i,-. - rcrd.zvois ard found no command
for Them IN thar grade. turning INTO ne ranks ai.i
proceeding a. private soldiers under thsir own cap
"'.'. 80, -, ~ me rarks as private men
and marching day by day. with thf.r knap-tcks
and havere@c * on me- -, Tn dn-ir. The
49, rigf,s which We have had hy way OF
az e l ffan'e ckaracet and proper as
',-.,.I r, "a. elders have turned into the ranls
~ ~ * ~. ~, - p ,.,,h H. ,roots
4. that tim. there was 10 law on tho statute
hooks giving thc President power 70 cali out TIC
militia although the power was implied IN Para-
.,rarn - o. Section u Article u the tonsutU-
,tor ,,ti.o roads.
corer... shall have power 70 provide FOR calling
form thc militia 70 execute ID" LAWS or 20" mon
ruppr'-s i'T''''''''' "''" ''''
THE fhk5lDf-NI MI - 70 ''N''D
Up 20 that fime Congress had not provided iof
ANYTHING q the Kind But the President issued IN"
o.l.- &, ,,as ob.s,d and no ORG questioned his
authority 20 DO So The mex, year. In 1876 acting
,,.- ,a. section - me Constitution quoted. Con
.-... od ,l,e Il INV
. cid, r..t,c1 e.,..s shall be- invaded
or Doe In inm!nen, langer Of invasion. from any
foreign nation ~ inl.1i. III ~, ~, ~, u, 40
10Y iif ~ -. 80 So. most CONVENIENT 10 tho
place % danger or scene Of action. ~ he may uis-
Necessary ard 10 !-si" DIS ol'''r XIX l''nt
- ~ on '' ~ ''' ' -
49,, -. H.. ,ho prestden, had occasion 20 &C,
$50. .,o.-.o yra. during tho War Of $50
' -. H.. .o-. -.orisi,io,s n tho Gov.
.-,,-. ~ H.. various states. ana among them 10
49,, ,,..a-,o, ~ ,b. STAT. Of New,-York for a GER
, ,, -, ,ro,,s The Governor In his turn
'" -, -, 90 ,o,or. 20 ~. Tinted states
.to-,,t.. large number o, tho men IN this
c.. as u.ou ne In others refused at that time
. III. ,.t.b the order on III. ground that they
80 "a, comnclleA by law 20 leave their own
-"
" 49,. NO.. ,.os ov,r y cou-,-na-t,al was con
. 49,. ,ho.o ,vbo RAD refused 10 ohey the
-. ,,,,osed enes on members OF
o'"'' man,, g., .,,. s,,te alone amounting to over
~, ,, go, .ase ,v,s made whore one o, these