Year: 1861

The President of the United States, by Sec.
2, Article H., of the Federal Coustittutiou \
Commander in Chief Of the Army and NAVY Of
the United States, and of the Militia OF the sev.
eral States when called into the actual service of
the United States" aud he is also, BY Sec. of
the same article, empowered to "take care that
the laws be faithfully executed" But the power
ITO provide for calling the militia to execute the
laws OF the Union, suppress instructions, and
repel Invasion, is reserved by Sec of Article
I, to Congress


How, then. it is asked, can the President of
the United States call out the militia, in the
present emergency, or accept the offers Of aid
from the different States without first calling an
extra session OF Coz gress "to provide for calling
forth the militia TO execute the laws Of the Un.
ION and suppress" the wide spread insurrection
which now exists in seven States OF the Onion!
The question is pertinent, and the public mind
no doubt will be relieved as to the power Of the
President by accurate information upon this
point, especially the failure to pass Q force
bill by the late Congress has lei, the impression
that the Chief Magistrate is without any power
whatever in such a crisis until he FIRST cali upou
Congress for authority.


The emergency is provided for by the oct Of
1895, which gives power TO the President 70 can
upon the militia in case Of invasion, or imminent
danger OF invasion in case Of insurrecsiou N
any State against the laws thereof il called upou
by the Legislature or executive Of the State. and,
finally, whenever the laws Of the United States
shall be opposed, OF the execution thereof oh.
siructed IN any State, by combinations too DOW.
eriul To be suppressed by the ordinary course of
Judicial proceedings, or by the powers vested in
the Marshais in this act, it shall be lawful for ,he
President OF the United States to call forth the
militia OF such, or Of any other State or States.
as may be necessary 10 suppress such combine
tons, and To Cause the laws 10 be duly executed;
and the use 80 10 be called forth may be contin :
ued il necessary, until the expiration of thirty
days after the commencement of the then next


ession of Congress-" The act also REQUIRES
that, when the President deems il neceasary
thus to resort TO military force, he shall command
the Insurgents by proclamation TO disperse within
a limited time


The power bestowed upon the Chief Masis-
trate, under this act, is ample to enable him 70
deal with the present crisis in our national sairs
As the Chief Executive Officer Of the District
OF Columbia, he is empowered to call upon the mi.
litis OF such State or States a. he may deem
proper to suppress an insurrection against the
Government; aud, as President he may resort
TO the same military aid 10 suppress a combine
tion, obstructing and opposing the lave Of the
United States, which is too powerful 70 be sup.
pressed in the ordinary way. II is by virtue Of
this authority that he this morning issued his
proclamation calling out $4,000 men.


Armed with such powers, q President of the
determination and purpose Of Mr.. Lincoln, back.
ed by the fervent patriotism Of the North which
the present exigency is calling forth, can surely
head against the most formidable rebellion.
Even the most timid need have no fears Of the
result. But any doubts that may remain a to
the power OF the Administration will be set
aside by the extra session Of Congress-, which,
with happy regard to the associations Of the
day, will meet on the Fourth of July.