Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1898-04-13
THE NATIONAL A


Inc lOllO wing eu1tOrldl IrOm the
columns of the Chicago Inter Ocean
is of special interest at this time to
many in Fergus county as it deals
with a subject over which there has
been much debate since it seemed al
together probable that the National
Guard of this State would be called
upon to GO. The opinion expressed
is m~oresurely well grounded from the
fact that the Inter Ocean is the
recognized organ of the state ad-
therefore addressed to the members
Of the guard of that state, as defining
the position of the Illinois authori-
ties on the question:
1.-THE authority of the President to
call the National guard into the
service of the United States has,
within the last two weeks been
questioned. 1t has been commended
on one side that the President, under
the militia law, had no authority to
call out the National guard as it is
now organized, unless all the
members re-volunteered. Several
regular army officers were quoted as
saying that If the National guard
wished to enter the services of the
United States in case of war it must
do SO under call for volunteers, and
must be reorganized. This opinion
was based on the Interpretation OF
the constitution that obtained before
the war and on the old laws govern
ing the organization of the militia.
The laws of the several states and
recent decisions of the Supreme court
were lost sight Of.
1.-THE truth is that the National
guard was organized to meet obiec-
tions urged against the old militia
system. That system had fallen in
to disuse long before the war for
the Union. The experience of the
civil war made plain the necessity
for a new militia organization.
Plans came up for discussion in
Congress, and, while no bill was
passed covering the plans advocated,
the several state legislatures organic
ed the National guard on the theory
that the organization should be one
for national defense. This was the
idea of the originators, and it was
the idea that made the organization
OF the National guard uniform. East
and West.
"The appropriation for the support
Of the militia made by Congress was
supplemented by appropriations by
the state legislatures with a purpose
to organize in every state complete
regiments and brigades, uniformed,
armed and equipped for active
service. Regiments of infantry,
cavalry, and artillery were provided
for, and in most of the states camp
equipage was as complete as though
the troops were in the field. Care
was taken in every ease to define the
limit of the state authority and
make prominent the idea of national
defense. In many states regular
army officers were detailed to exercise
general supervision over the organic
alton. so there might be unity OF
action in drilling and discipline.
1.-The National guard was, is short,
to be what it's name implied. The
state was to have the right to name
the officers to organize and train the
guard. The governor was to be
commander-in-chief of the guard In
each state, but the president was
given authority to call on the
Yovernor, or any officer designated
by the governor, to furnish troops
under his orders. There was never
any thought of disputing the
authority Of the president to control
the movements of the Nationalguard
in case of war. The controversies
came up as to when the governor
might order troops and under what
circumstances he might offer them
to the President. All points raised
in these controversies were passed
upon by the Supreme court, and in
every case the authority of the
President to control the nationa,
militia or National guard was
sustained. By the constitution and
by the acts of Congress, the Presi
|. dent is commander-in-chief of al
, militia forces of the United States
He Is the judge i'm all matters O
procedure, and all the circumstance
: of military discipline and action ar,
against the assumption that any on,
can question his right or disobey hi
! orders. This is the general principle
Of military law.