The evening times. [volume] (Washington, D.C.) 1895-1902, 1900-07-04

thorizing the issue OF certificates Of mill
tary service to the officers ard men of GER
tain State military organizations Who ac-
tually rendered such service :nder the call
Of the President or Governor. u-der the
command of Army officers, aid in connec-
ton with the regular military forces Of
the United States.
Bills having this end ia view / ave al
ready beer introduced in Cong, ess. and
favorably reported from the committees TO
which they were referred IN the Fifty
fourth Congress a bill was reported pro-
yding that these certificates OF service and
honorable discharge should be issued, but
providing also that no person shall re-
eeive any pay, pension, bounty. or other
allowance by reason of the passage OF this
act
That provision was contained also in
bill reported at the last session of Con-
gress, but it viii not be long after the
passage and approval of such a bill when
the section in restriction Of pensions will
be repealed.
1t is well known that the militia OF
each State was called out by the United
States and the Governors in various eIEer-
so called out for short period at the bat
tie of Antietam and some of them had
hard lighting in that battle. A like call
was made just before the battle OF Get
tysburg. and responded to not only by the
militia Of Pennsylvania but of Maryland
New Jersey. New York Ohio. and West
Virginia Like calls were made in some
OF the Western States at the time OF va
rious emergencies, and especially cavalry
raids
In some OF these cases there was little
fighting An article on Ninety days men
o. 1N'2 hv enc f th~m Duh'isEpd in 49,,
United States Magazine Of August. 1894.
gives full description OF Jns4r services
l- the Getysb1.g campaign. This paper
says: With little exception. the militia was
not brought into mortal conflict but Their
were down along the Potomac TO do as or,
dered- They were moved indiscriminarciy
through Maryland Pennsylvania and some
even 10 Virginia and Ohio. They were IN
der orders or officers Of the United States
On the other hand they were mustered Ia
by their States IN companies and regiments
They received their pay from the Stat.
made their report to he State Adjutant
General. and were mustered out and dis
charged by the State
The men were thus not technically Ell.
listed by the United States. They were
certainly not bound 10 serve the long terms
Ct enlistment which usually prevailed Iu,-
ing the civil war. Their pay was retnb,-s-
C to the State by the United States. the
muster-Cut rolls being received in the OF
nee OF the Secretary Ct War as vouchers
and beyond all doubt they were altogether
State Militia in the service Of the United
States. BY the Constitution Congress has
power 10 provide for calling forth the mi
liza TO enforce the laws Of the Union %
suppress Instructions or resist invasinns-
and for organizing and discipliaing the M
Htla, and Tor governing such part OF them
as may be employed in the service Of the
United States. ressrving TO the Strtes.
respectively. the appointment Of the on
GERS and the authority or training the mill
tia according 10 the discipline prescribed
by Congress.
BY article >. section .. the President
shall be COmmander-in-Ch Chief Of the Army
and Navy nj thl United States. and Of the
militia Of he various States when called
into actual service Of the United States
BY the Militia law. Revised Statutes. sec
tlon 1923. etc. every able bodied citizen
T. 10 BE- enrolled in the militia and nv seq
ton 1912. in case Of invasion or rebellion
the President may call forth such number
OF the militia Of the States most convep-
lent TO the place Of danger that he may
deem necessary and issue his orders 10
such officers Of militia as he ma, think
proper BY section 1e44. such militia called
INTO actual service OF the United States
shall be subject 10 the same rules and ar
ticies OF w as the regular troops"
The committee TO which the bill smoke,
OF was referred in the Fifty-fourth Con
gress reported in part as follows.
BY the pension law. Revised Statutes
section 1928. the beneficiary Of the law in
Guides any officer Of the Army. including
regulars, volunteers or militia. and any
enlisted man. however employed in the
military or naval service Of the United
States. whether regularly mustered or not.
VINO was disabled in the service OF the
United STATES and in the line Of duty.
IT IS beyond ell doubt that the militia
whenever called into the service of the
United States were truly in that service
They complain that their certificates of
muster and discharge are now only from
the State and claim that having served
the United States they are entitled to a
certificate from the United States. In this
We agree
The Judge Advocate General OF the
Army in a report under date of Septem-
per i. 1890 discussed the status Of GER
tam State miliuamen as follows:
On the 15;h of June. 1863. in ,onse-
quence OF the advance of the Confederate
army north Of the Potomac. the Presi-
dent issue3 his proclamation calling for
the militia from the State Of PENNSYLVANIA
to repel the invasion. and the governor
immediately issued his proclamation. of
the same date, calling on the militia to
come forward
When the men began to assemble IN
der these calls it was found that some of
them, while they were willing to enter
the State service OF PENNSYLVANIA. we're
unwilling TO be mustered into the service
Of the United States.
'Thereupon, on June 25. 1868. the Gov
ernOr of Pennsylvania issued a call for
militia to enter the State service for the
same purpose: that is to repel the inya-
sion then threatening.
In response TO this cali OF the Cover
nor all those who were unwilling to be
sworn into the United States service for
the purpose OF repeling the-said invasion.
but were Wiling to enter the State ser
vice FOR that purpose, were. after being
requested to enter the United States ser
vice and refusing to do so. mustered into
the State service.
The Governor OF Pennsylvania. who was
by law their commander-in- chief placed
them under the command Of the United
Staets officers who were at the time IN
command OF the troops in the United
States service in the same locality. While
so serving the United States authorities
furnised transportation and quarters for
them and subsisted them and. on reouisi-
ton of the said Governor. clothed them.
They were paid by the State OF PennsyIva-
mia. Afterward the United States Govern
ment reimbursed the State of PENNSYLVANIA
in like manner as il reimbursed other
States for supporting militia for the pur-
pose of repelling invasion
This is an application for "a statement
showing whether the Thirty-sixth and Fiji