The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-24
THE MILITIA IN TIME OF WAR.

THE MILITIA IN TIME OF WAR.
There is some confusion of ideas
among some of the people and the
press Of the country concerning the
status of State militia in time of war.
Not a few appear to labor under the
impression that the President of the
United States can Of his own motion
call out the militia force and assume
control of it, but this is error, as HI
must act under direction Of Congress
sional law.
1t is conceded that there is some OBJ
security in the Federal laws upon the
subject of the use of the militia; that
there is lack of clearness concerning
the exact status of State forces in time
of war. For instance. it is held by
some good authorities that no State
troops could, against the will of the
State authority, be sent for any pur-
pose outside the jurisdiction of the
United States. Others go so far as to
say that State troops cannot be used
outside of State lines by the Federal
Government except by consent of the
State, but that contention is wholly
unsupported by reason.
The President cannot call out mill
tia forces. He can call upon the Gov
errors Of the States for military con-
tribution, and he would have the right
to enforce the demand, and if it were
denied to proceed by CONSUMPTION to
compel a State to fill it's quota In the
war of 1912 Vermont asserted her right
to withdraw her troops and take them
home, at a time when they were in the
field and confronting the enemy, on the
ground that they were more needed in
Vermont. On one occasion in the war
of 1912 the militia force of New York
gathered opposite Queenstown re-
manned on the American side of the
line, and left other American forces to
be overpowered, when their aid would
have prevented the disaster In that
case New York held that her troops
could not be taken across the frontier
boundary.
Another question that has been
raised is whether the State troops re-
main under control of Governors of
the State when in the service of the
Federal authority, or whether they
are subject to the orders of the Presi-
dent as COMMUNICATIVE Chief. Clearly
they are subject to him when taken
into Federal service. It is claimed,
however, that he has no such control
of them except he actually takes the
field; that unless he takes the field as
commander he cannot control troops
contributed by the States through del
egation of power to other Federal Of
fcers; that his authority as Com
Chief over militia in the
service begins only when he is actual
ly commanding in the field. But this
is weak contention.
Upon most of these points there
have been decisions, and precedents
in the war of the rebellion were made
in plenty. 1t is provided by the Con-
stitution that Congress may provide
(Section s, Article y, for calling forth
the militia to execute the laws of the
pei invasions," therefore it has not
the power to provide for use of the
militia forces of the States to invade
a foreign country. Without it's con-
sent, then, the National Guard cannot
be used in foreign jurisdictions, except
perhaps in the repelling an enemy
seeking to invade the United States.
1t is settled that when under the
laws provided the President calls upon
States to furnish the Federal Govern
ment troops, and they are sent for
ward and taken into the service of
the United States, they are subject to
the sole control of the Federal Gov
eminent for the whole period of the
enlistment, but that under present
laws no militia force can be asked for
from the States for a longer service
than nine months under one call It
is well settled also that the militia
once taken into the service of the
United States loses its distinctive char
acter as a National Guard.
When the President calls for troops
he cannot make an arbitrary demand
as to numbers, but the quota demand
ed must have relation to the popula-
ton of the State. 1t is also the law
that in repelling invasion or in sup
pressing insurrection State troops
within their State lines may act in
their State capacity. while in conjunc-
ton with Federal troops, without actu-
ally entering the service of the United
States.
Now that the personnel of the navy