The Savannah morning news., 1903-06-09

ment of the United States, and as such
may be ordered to any part of the
| United States. So long as 1t remains
a state force however, there is no
power in the Federal government to
! order II anywhere. One state may for
bid the militia of another state to en-
ter or cross its territory; or may re-
quire permission to be obtained for
such entry into or passage through its
| territory
The case which arose at Chicago in
| 1894 was one in which there was forci-
| bic resistance to the execution of the
! laws of the United States and of the
| state of Illinois, and a case arose I'M
| der Section 1928, Revised Statutes, in
| which, with a view to secure the eX-
ecution of the laws the President was
! empowered to:
Call forth the militia of any or all
| the states, and to employ such parts
/ of the land and naval forces of the
! United States as he may deem neces-
! sary to enforce the faithful eXecu-
| ton of the laws of the United States,
| or to suppress such rebellion, in what
ever state or territory thereof the laws
of the United States may be forcibly
! opposed, or the execution thereof forci-
/ bly, INSTRUCTED" Military Laws, 1901,
Par 2017 %. 1881.
| 1t is sufficient to say that upon the
| occasion mentioned the President found
| that il was possible to secure the ex-
I ecution of the laws of the United States
by the use of a portion of the land
and naval forces" under his command
without calling forth any portion of
| the militia of the several states, or, in
! deed, of any state except that in which
the execution of the laws was forcibly
opposed.
In conclusion. I will say that 1 think
! Col. Gordon's view as to the use OF
| the National Guard in time of war
seems to be quite correct and is in
| substantial conformity to the practice
of the general government in that re-
gard since the adoption of the consti-
! tuition.
Col Gordon wrote as follows to the
Secretary of War:
II have the honor to enclose ex-
| cerpts from the Savannah Morning
News of Sunday, May 10, 1903 marked
Exhibit l. and Exhibit IL Exhibit II
is an effort to answer the objections to
| the Dick bill, as expressed in Exhibit L.
If 1 have erred in quoting the opin-
ions of the Secretary of War and 9TH
| ers, as expressed at the Interstate Ma
tional Guard Convention. I shall be
| pleased to make such corrections as
| YOU indicate I think it is important
| that the officials of the War Depart
| ment should be informed of the senti-
ment in this state for and against the
Dick bill. For this reason, 1 have pre-
sumed to trespass upon your valuable
time.
IF the State Troops could receive
some assurance that the President
would issue his call for their services
through the medium of the Governor of
the state. and if an official announce
ment could be made to the effect that
the troops of one state would not be
sent into another state to quell insur-
rection unless the Governor of the
latter state should request the Presi-
dent to send such troops to his assist
ance, it would remove a great deal OF
| the opposition to the Dick bill which is
felt by many of the officers and men in
the National Guard of this state"
Gen. Davis Reply.
To this letter he received the follow
ing reply, signed by the Judge Advo-
cate General:
beg to acknowledge receipt of your
letter of May II to the Secretary of
War with its Enclosures who desires
me to say in reply that it has been
the policy of the United States govern
ment in the past to address its calls for
militia to the Governors of the several
states-the normal and usual means of
official communication between the
| governments concerned Inc enact
ment authorizing a direct call to be
made upon militia officers grew out of
an anomalous state of affairs which is
hardly likely to occur again, but, as it
had been passed upon by the Supreme
Court Congress evidently believed it
wise to retain 1t in existence.
Section requires the President, in a
case in which the execution of the
laws is opposed, to first make use OF
the land and naval forces before CALI
ing forth any portion of the militia. If
an insurrection exists in a state, it is
the duty of the state to suppress it
and the Federal government has nc
power to interpose save upon the re-
quest of the Legislature or of the Gov
ernor, if the Legislature be not in ses-
. sion. If an insurrection exists against
the authority of the United States SO
formidable in character as to make a
call for militia necessary, the Presi-
. dent would call forth a portion of the
, militia of all the states, as was done in
1861 and would employ it in conjunc-
ton with the land and naval forces
The mere fact that some provisions OF
the olod militia law are re-enacted
should not be interpreted to mean that
a change of the traditional policy of the
| | government is in Contemp lation, fol
: such is certainly not the case.
l enclose a copy of a letter to Maj
2 Williamson. which will more fully an
swer your inquiry,