The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1898-04-26

President Cannot Use National Gsuarn
for = Foreign War-They May Enlist
ax Xolunfeen.


As Volunteer.
From The New York WORLDLY
Washington. April 1I.-Under in
structions from Secretary Alger. AS
sistant Secretary Of War George d.
Meiklejohn has bee making an exam
ination into the rights OF state militia.
and he will at an early date issue an
official paper defining absolutely h
rights OF these citizen soldiers. In re-
spect to the question the assistant sec
rotary of war said today:
In the event OF war the army will
be constituted in This order: First. thu
regulars second, the organized militia:
third, the volunteers. for which a bet
ted name IL the wSr army. for the ser
vices of the volunteers begin with the
war and end with IL. The militia re-
ferred to in h constitution does not
mean the national guard or any organ
lied militia, but Ii lean all citizens of
the United States between eighteen and
forty-five years of age able to do army
service.
Therefore the militia. organized or
otherwise cannot be called out for ser
vice by the president in a war which
does not come under the head OF in
surrection. invasion. or to enforce the
laws of the United States. Congress
must pass a law authorizing the pres
ident to call for these men. and they
will constitute a OF war
army. The national guard would enlist
as individuals for the term Of the war.
If the president fears an invasion
he may call upon the national guard or
organized militia to do duty as SUCH
along the coast. In such an event the
militia or national guard woul not
have to enlist as volunteers.
How many men do you think the
president will call out?'
I'm my Judgment, about 0 1000, and
organized militia will be given prefer
ence. We have 5000 men in the regu-
lar army, and that will give us a total
of $4,000. enough to start with"
Major J.. N. Morrison, judge advocate
Of the army, said:
1.-The national guard Of a number OF
the states, in view of the fac that mill
tia cannot be sent abroad as an invad-
ing army are claiming that they are
state volunteers and not militia. But
that position is not tenable, and besides
preparations from the federal treasury
right along as militia. and have also
been annually reporting to h war de-
partment as militia.
THE federal government cannot now
afford to concede that they are not
militia, for if that is conceded the pres
ident would have no power to call them
into the United States service against
their will.
II have no doubt all those who are
anxious to go with an invading army
would as willingly go as ~lunte as
go as militia, if it were not for. such
matters as obtaining new commits
SionS."
THE STATUS OF THE GUARD.
Washington, April 13.-Major j. N.
Morrison, judge advocate. U. S. A,
calls attention to the fact that the
president annot order the state militia
out of the country to do military duty.
He said today that the constitution of
the United States provides emergencies
in which the militia may be called out
by the president.
First, to enforce the laws of the
United States: second, to suppress I'm
surrection; third, to repel invasion.
There is no constitutional provision per
hitting the president to call out the
militia to leave the country.
In further explanation Of this the
Major added that the national guards
of the states have assumed that in the
event of war with Spain the president
will at once call into the service Of the
United States the organized militia, or
national guards.
This belief, he says. is erroneous.
1.-THE president said Major Morri-
son, when he calls out the militia, does
it by proclamation or order in which
he sets forth the necessity of the call.
He could not say we have an insurrec-
ton or rebellion in this country, or
that the country is invaded or is in I'M
minent danger of invasion from any
foreign nation or ndian tribe as is re-
quired by the Revised Statutes. IF we
have war and il should assume any
considerable magnitude there may be
times when to protect the Atlantic
coast the national guard may be, called
out, but such an event is very remote"
Major Morrison said that il we have
wal with Spain the necessary troops
will be raised in the same manner that
prevailed in the civil war. Congress
may pass a law authorizing the pFesi-
dent to call for volunteers. These vol
unteers must enlist as individuals. and
if the people refuse tn enlist they may
be drafted. Organized companies or
regiments Of militia. can only proffer
their services as individuals. They
must enlist as such IL they enlist ut all.
The method which will probably be
pursued in obtaining volunteers ac-
cording to Major Morrison is tifat the
each state that he requires a certain
number Of men, and the governor will
be requested to enlist. them for the gov
eminent. When this is don the Unit
ed States will gladly ave the national
guards enlist as volunteers.
The first act authorizing volunteers
in the late war a passed July %,
1861" said Major Morrison. and there
were at the time over 10!osV volunteers
already in the field