The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-03-12
CAN BE CALLED OUT.
National Guard Is subject to Orders
of the President.

According to the Army and Navy
Journal the president, as commander
in-chief, "has the right, under the con-
stitution, when war or insurrection
threatens, to call upon the militia of
the United States for service. He is
made the sole Judge of the emergency
and there Is no power anywhere under
the constitution to review his conclu-
sion of fact. He can call the militia
into service and send them where he
pleases, even to Cuba or to Spain. The
governors have the right, however, to
select the officers of the troops belong
ing to their several states, and as a
matter of practice and courtesy, the
call for militia Is made through them.
Their authority over the militia ceases
as soon as the troops are mustered into
the service of the United States"
John f.. Watkins in the Philadelphia
Press fatty refutes this contention.
There WILL" he says, "be no such arm
of the service as the militia, in the
event of war with foreign power. 1t
would be illegal for President McKin-
ley, Commander-in-c chief of the army
and navy. to order the militia outside
our boundaries for the purpose of in
Vading Spanish territory, or any other
foreign domain. No governor would be
required by law to honor the pres-
dents call for militia"
The constitution of the United States
has the following regarding the mill
tary powers of the president: THE
president shall be commander-in-chef
of the army and navy of the United
States, and of the militia of the Sc
eral states, when called ihto fIIe actual
service of the United States" Regard
ing the power of congress over the
militia it appears that that body shall
have power: "To provide for calling
forth the militia to execute the laws of
the Union, suppress Instructions, and
repel invasions. To provide for organ
izing, arming and disciplining the
militia, and for governing such part OF
them as may be employed in the SER
vice Of the United States; reserving to
the states respectively the appointment
of the officers and the authority OF
training the militia according to the
discipline prescribed by congress"
From the above declarations from the
constitution of the United States il
appears to the Rochester Democrat and
| Chronicle that the president is the
| commander-in-ch chief of the militia when
called into the actual service of the
| national government. 1t also appears
| that congress has power to call out the
| militia, though the service in which IL
is to be employed is expressly limited
| to the execution of the laws, the sup.
preston of instructions and resistance
to invasion. Nothing is said on the
| subject of ordering the militia out OF
the country, and under Article Y OF
the constitution, which declares that
the powers not delegated to the United
States by the constitution, nor prohib.
! tied by it to the states, are reserved
to the states respectively, or to the
people, it may be held that the ma.
tional government has not the right tC
send the militia out of the country"
Letters written by officers of the
Thirteenth regiment and others to the
War department at Washington asking
for an official and authoritative deter.
mination of this question have not beer
answered. Yet the law in the case /!
believed to be correctly interpreted ir
the quotation from the Rochester paper
Immediately preceding.