The Savannah morning news., 1903-06-16
GUARDS TO STAY IN.
CONTINUED from Tenth Page)

session OF the General Assembly, Sec
ton No 1104. Of the Georgia Code of
1882, was amended so as to make the
term militia include the Volunteer
Organizations as a part thereof. and
this has been the law since. again en-
acted in 1902.
The Law the Same.
We, therefore find that in the most
important part of this act, which is
the provision for the organization" Of
the militia, Congress is expressly upon
the same line as the state of Georgia
in declaring what the term militia"
means, active" and reserve"
This battalion is a part of the mill
tary forces of Georgia; is, therefore,
under the laws of Georgia, a portion of
her active militia" and, therefore,
under the act of Congress referred to,
because this corps is a part of the
"active militia" of Georgia. it is also
a part of the active militia" of the
United States.
(b) AS to the right of Congress to
declare what constitutes the militia,
the Constitution of the United States
gives the power to it alone
and the Supreme Court of the
United States, in a well consid-
cred decision in Fifth Wheaton, page
one, Houston against Moore, and es-
pecially on page sixteen, has held this
power to be unlimited" so far as pro-
viding for organization is concerned.
Co 1t is quite clear that Congress,
by this act, leaves it to the states to
provide what its military organizations
shall be- but whatever these organ
izations consist Of now or hereafter
as determined by the state authorities,
the same are declared to form part
of the active militia OF the United
States.
If the act in question stopped right
here. and contained no other provi-
sions, the result would be that under
the sections of the United States
Statutes covering practically all the
other features of this act, except so
much as provided for extra equipment,
etc, this command would stand as part
of the active. militia of the United
States and subject TO all of the provi-
sions of the statutes which this act
takes the place Of and which are prac-
tically the same as the provisions of
the act in question.
This command has for many years
past, along with other military COM
mands in Georgia, received its pro
portion of the military funds provided
for by Congress, in the way of guns,
equipment and other necessary articles
for use and the reason why such arti-
cles were distributed to the lawfully
RSIa DllEleQ HOlllIlldHuS III NTCOl BID was
that they were component parts under
the statutes of the United States and
of the state of Georgia, passed in pur-
suance of the constitution of the Unit
ed States of the militia of the United
States.
Now Under Dick Bill.
cd In conclusion on this point we
call attention to that clause of the con-
stitution of the United States which
declares that no state shall without
the consent of Congress, keep
troops" in time of peace, and it is clear
that any troops kept by any state in
time of peace must be part and parcel
of the militia of the United States, or
else they are illegally organized and
maintained.
(a) AS to the fourth and fifth sec
tions of the act in question which
give power to the President, in an
emergency. to call forth for period
mot exceeding nine months" such part
of the militia of the states, territories
or District of Columbia as he may
deem necessary. etc, and to this end
ito issue his orders for that purpose
to such officers of the militia as he
may think proper" we beg to report
that we find in Section No. 1912 of the
Compiled Statutes of the United States
that an act was passed in 1875, making
it lawful for the President to call forth
such part of the militia of the states
as he saw fit, to repel invasion or sup
press rebellion and to issue his orders
for such purposes to such officers of
the militia as he may think proper
and in Section No. 164S of the Com
piled Statutes, we further find by an
act of 1862. that whenever the President
calls forth the militia of the states
ito be employed in the service of the
United States" he may specify in his
call the period of service required, not
exceeding nine months, etc.
We further find in Section No. 529S
of the Compiled Statutes that when
ever, by reason of unlawful obstruc-
lions. etc. against the authority of the
government of the United States, it
GAall become impracticable in the
Judgment of the President, to enforce
the laws of the United States within
any state or territory, it shall be law
full for him to call forth the militia
of any or all Of the states. and to en-
ploy such parts of the land and naval
forces as he may deem nee
essarv to enforce the faithful
execution of the law. or to suppress
rebellion in such state or territory, etc,
and we further find in Section No. 1929
of said Compiled Statutes, that i'll
statute passed in 1871, similar power
is given to the President, in his Judg-
ment, so as to suppress instruction in
any state. or put down any uniawful
combination or conspiracy in violation
of the civil rights of individuals OF
bodies of citizens. and in such event
10 employ the militia, or the Lard ana
naval forces of the United states, or
either, as he may deem necessary
Cb) AS to the power of Congress to
pass these statutes, there can be no
question, and the Supreme Court of
the United States has confirmed such
power in express language in the case
OF Martin. against Mott Twelfth
Wheaton pages % to 30.
Presidents Power Curtailed.
(c) II is worthy Of note that i'm thu
foregoing statutes. before the one a.
question became a law, the President
was authorized 10 call on the militia.
and army and navy, either or both
hut In Section ( OF the act ia question
81 IS prescribed that when the Presi-
dent ~ unable with the other forces
at his command 10 execute the laws
Of the Union. in any part thereof, %
shall be lawful for the President. 10
CALI forth for r. period. not exceeding
nine months such number Of the mih-
tia. etc. and 10 Is quite evident. that
The President nov ear resort to the
militia only after BE- has exhausted
'the other forces III bis command.
which means tho regular army md fhe
navy.
oal Tho othor SECTIONS ~ ne aet g.
3 %. to. 20 esd a.. we ma covered
lfaps'fltffF hg frefl0nr ~ fhr c0m-