New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-04-23
THE MILITIA IN WARTIME
ITS STATUS AS DEFINED IN SUPREME COURT
DECISIONS

Washington. April % SPECIALIZATION oil PARTS
OIL the Union inquiries have been pouring in upon
congressman TO ascertain the exact status OF tho
militia In the present emergency. Replies to such
inquiries have been generally made upon tho basis
OF the laws as defined by the United States Su-
preme Court in its decisions These decisions have
covered the question of the powers Of the Prcs-
dent to call out the militia for suppressng insur-
rections and repelng invasions and also the law
LOT organizing, armng and dscplining the militia.
A condensed epitome of those decisions. given
In "Desty's Notes the Federal Constitution. "
to which reference has been freely made in tho
correspondence between Congressman and thor
constituents, is herewith reproduced:
The power 10 call out the militia Is limited to
three purposes. Such authority implies no proh-
purposes. nor that the militia cannot be used for
the suppression of a rebellion az well insur-
rectlon This power is continuation of the powers
enumerated and subsidiary grant to the power 10
declare war maintain armies and naves and pro-,
vide tOr the common defense. The power rcpel
includes the power 10 provide against tho attempt
sudden emergencies and under circumstances vital
10 the existence OF the Union: The President is
has arisen: and Congress may delegate authority
10 MIN to call out the militia and make his de-
The President may make mis- request direct to the
executive OF The state or by order directed to any
may make laws to enforce the call and may infiict
penalties for disobedcnce and erect courts for tie
trial OF Offenders but cannot subject State militia.
10 martial law unless in the actual service OF tina
Government III may TX the period at which tho
militia enter into the service Of the United States
and change their character from State to National
militia.
state may make a Law providing the punish
militia. When called out and mustered into tho
service they become National militia The States
have concurrent power 10 call out the militia 10
aid the General Government. and in certain cmcr-
gencieS to raise troops to suppress insurrcction.
The authority to suppress rebellion Is found in
the power suppress insure ton and carry on
war When rebeous STATE is subdued Con-
gress has the right TO determine and fix the con-
ditlONS
militia when In actual service, is distinct from
the power Of calling them out.
Organizing includes the power OF determining
who shall compose the body OF the militia. and tho
power TO fix the age necessary 10 render compe-
tent
After the militia have entered into tho service Of
the United States the authority of the general
Government is exclusive: and so FAR Congress
the State IS excluded: but. il Congress neglect TO
exercise this power. States have a concurrent au-
thority 10 do And so long the militia are
acting under the military jurisdiction o. the state
to which they belong. the powers over them are
concurrent in the general and State governments:
but the State law is subordinate to tho paramount
law OF the general Government on the same sub
jeCt.
Where a State law IS to operate the militia
before they in actual service II Is valid II II
does conflict with the law Of Congress. The
power OF Congress is unlimited except in officering
and training the militia. The President must excr
else his command OF tho militia through officers
duly appointed.
The power Is In Congress 10 establish uniform
system OF militia throughout the United States.
But this power is exclusive the States have q
concurrent power. and only repugnant ana inter
fering State legislation must give way 10 the law
of Congress. Tho states may orgarze and main
tain distinct militia for their purposes II not
IN conflict with Congressional regulations.