The herald and news. [volume] (Newberry S.C.) 1903-1937, 1917-08-10

tionali.y for those who believe the
constitution is in danger Of being
violated. The government has set
its best lawyers to work to prepare
lie governments defense
Taylor was american ambassador 20
! Spain under the Cleveland aIdminls-
tration and is the author of stand
ard work on the English constitution.
His practice is entirely before the Su-
E~cc?c cot, and he has a reputation
as an authority on constitutional law.
understand me- says Taylor, Il
an not opposed to this war, nor al
, | in the service OF any pacifist OF
! similar organization. l believe there
! is a terribly important question as
TO the preservation of the constitu-
t;"2 If sta'-n and there are others
, VINO believe as | do; and they are de-
termined this case shall be ar3uei
properly before these boys are sent
abroad"
Taylor has sent forth his opinion iii
, a pamphlet entitled: Loyalty 70
I the constitution the only true stand Of
patriotism" The Introductory para
graph of his pamphlet sums up the
matter as follows.
Neither the national militia (tMe
draft army nor the state militia can
be sent abroad The constitution does
rot permit it. War does not suspend
the constitution The federal courts
with the supreme court of the United
States at their head will certainly
check any unlawful attempt to force
, any branch of the militia protected
! by the constitutional exemption to
| leave American soil.
1.-THE executive order of July 10,
made in defiance o; section 8, article
, l, is palpably unconstitutional and
void. No loyal American has the
right to assume that courageous and
incorruptible federal judiciary will fail
i to do it's duty when it's aid is invoked -
In support of his contention, Taylor
quotes the opinion OF attorney Cen
eral Wickersham. who on February
IL 1912. advised President Taft that
the constitution would not permit t., :
sending of the national militia abroad.
The constitution distinctly enum-
; crates the three exclusive purposes
for which the militia may be called
into the service of the United States,
Wickersham wrote These purposes
are: First, to execute the laws OF
the Union; second, to suppress insur-
rection;' and third, to repel invasion.
these three OCCASIONS, represent
ing necessities of a strictly domestic
| character, plainly indicate that the
services of the militia may be only
| upon the soil Of the United States
or its territories"
Taylor also quotes severai state
ments made by President Wilson in
public addresses declaring that the
constitution does not permit the pres
ident to send the national militia out
of the United States. One OF these
occurred in New York, in January,
1915. when President Wilson satd:
81 believe it IL LIE duty of congress
to do very much more for the national
guard than it has ever done hereto
fore. I believe that that great army
of our national defense should be
built up and encouraged to the Ut
most; but you know, gentlement,. that
under the constitution of the United
States that national guard is under
the direction of more than two score
States, that it is not permitted to the
national government directly to have
voice in its development and organ
ization, and that only upon occasion
Of immediate invasion has the presi-
dent OF the United States the right to
ask these men to leave those respec-
tive States"
Taylor contends the draft army is
in reality merely the organized na-
tional militia. The law providing for
the draft is merely an extension and
amendment OF the national defense
act OF June 8, 1915, which is law
defninf the composition Of the militia
and dividing them into three classes
national guards, naval militia aRi
un-organized militia. The draft deals
with the unorganized militia.
Taylor saws an effort was made oy