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An appropriation to enable the Secretary of State to have the Great Seal of the l'nited States recut was made by the deficiency appropriation acts for the fiscal years 1902 and 1903, act of July 1, 1902 (32 Stat. 552), and act of Mar. 3, 1903 (32 Stat. 1032).
3781. Secretary of State to keep and affix the seal.--The Secretary of State shall keep such seal, and shall make out and record, and shall affix the same to, all civil commissions for officers of the United States, to be appointed by the President, by and with the advice and consent of the Senate, or by the President alone. But the seal shall not be affixed to any commission before the same has been signed by the President of the United States, nor to any other instrument, without the special warrant of the President therefor. R. S. 1794.
The commissions of military cfficers now bear the seal of the War Department, act of Mar. 28, 1896 (29 Stat. 75), ante, 2259.
2782. Fraudulent use of the seal of an executive department.-Whoever shall fraudulently or wrongfully affix or impress the seal of any executive department, or of any bureau, commission, or office of the United States, to or upon aliy certificate, instrument, commission, document, or paper of any description; or whoever, with knowledge of its fraudulent character, shall with wrongful or fraudulent intent use, buy, procure, sell, or transfer to another any such certificate, instrument, commission, document, or paper, to which or upon which said seal has been so fraudulently affixed or impressed, shall be fined not more than $5,000 or imprisoned not more than five years, or both. Sec. 1. title X. act of June 15, 1917 (40 Stat. 227).
2783. Counterfeiting or altering seals.- Whoever shall falsely make, forge, counterfeit, mutilate, or alter, or cause or procure to be made, forged, counterfeited, mutilated, or altered, or shall willingly assist in falsely making, forging, counterfeiting, mutilating, or altering the seal of any executive department, or any bureau, commission, or office of the United States, or whoever shall knowingly use, affix, or impress any such fraudulently made, forged, counterfeited, miutilated, or altered seal to or upon any certificate, instrument, commission, document, or paper, of any description, or whoever with wrongful or fraudulent intent shall have possession of any such falsely made, forged, counterfeited, mutilated, or altered seal, knowing the same to have been so falsely made, forged, counterfeited, mutilated, or altered, shall be fined not more than $5,000 or imprisoned not more than ten years, or both. Sec. 2, title X, act of June 15, 1917 (40 Stat. 228).
2784. Forging or altering passes.-Whoever shall falsely make, forge, counterfeit, alter, or tamper with any naval, military, or official pass or permit, issued by or under the authority of the United States, or with wrongful or fraudulent intent shall use or have in his possession any such pass or permit, or shall personate or falsely represent himself to be or not to be a person to whom such pass or permit has been duly issued, or shall willfully allow any other person to have or use any such pass or permit, issued for his use alone, shall be fined not more than $2,000 or imprisoned not more than five years, or both. Sec. 3, title x, act of June 15, 1917 (40 Stat. 228).
EMPLOYMENT OF MILITARY FORCE.
Raising armies, 2785.
Calling forth the militia, 2786.
Presence of troops at polls, 2788.
Peonage prevented, 2794.
Yellowstone National Park, 2795.
Parks in California, 2796.
Limit of detention, 2799.
Arrest of Indians, 2800.
In Indian country, 2803.
Protection of localities by Federal troops :
Suppression of insurrection, 2814.
Philippine Islands, 2818.
ment: Suppression by armed forces, 2819. Suppression by every means, 2820.
Proclamation to disperse, 2821. Suspension of commercial intercourse : State in insurrection, 2822.
Part of State in insurrection, 2823.
Trading without license, 2826.
Liens upon condemned vessels, 2833. Declaration of war:
By Congress, 2834.
2785. Raising armies.—The Congress shall have Power
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
Art. 1, scc. 8, Constitution of the United States.
Notes of Decisions.
Raising and supporting armies--In general.--A State aw imposing a tax on passengers beld veid, as interfering with the power of the Federal Government to declare and prosecute war, and as a necessary incl. dent to raise and transport troops througb and over territory of any State, Crandall v. Nevada (1867), 6 Wall. 35, 44, 18 L. Ed. 715.
Among the powers assigned to the National Government is the power to raise
and support armies," and the power to provide for the Government and regulation of the land and naval forces." The execution of these powers falls within the line of its duties; and its control over the subject is plenary and exclusive. It can de. termine, without question from any State authority, how the armies shall be raised, whether by voluntary enlistment or forced draft, the age at which the soldier sball be received, and the period for which he shall be taken, the compensation he shall be al. lowed, and the service to which he shall be assigned. Tarble's Case (1871), 13 Wall. (l'. S.) 397, 408, 20 L. Ed. 597.
The act providing for the reduction of the Army by mustering out certain officers, act of July 15, 1870 (16 Stat. 314), was an exercise of the power “ to raise and support armies." Street v. U. S. (1889), 24 Ct. Cl. 230; affirmed, Street v. U. S. (1890), 133 U. S. 307, 10 Sup. Ct. 309, 33 L. Ed. 631.
This clause does not confer on Congress the power to designate by law a person to fill a military office, since this would be in direct conflict with the power of appoint. ment given the President by Const. art. 2, sec. 2. (1884), 18 Op. Atty. Gen. 18, 26.
The power to raise and support armies is plenary, and without limitation or restriction. (1909), 27 Op. Atty. Gen. 260.
The power of Congress to provide for the trial and punishment of military and naval offenses, under the above and other provisions of Article 1, section 8, of the Constitution, is independent of the judicial power defined in Article 3 of the Constitution, U. S. v. McDonald (D. C. 1920), 265 Fed. 754.
Conscription.--The Constitution of the United States authorizes Congress to raise armies, and also to call forth and organize the militia of the several States. Under this twofold power, both regular national armies and occasional militia forces from the several States may be raised, either by conscription or in other modes. McCall's Case (D, C, 1863), Fed. Cas. No. 8,669.
l'nder the grant of power to raise and support armies and call out the militia, Congress has power to make and authorize such orders and regulations as may be nec
essary to prevent tbose who are liable by law to military service from evading that duty, such as an order to prevent them from leaving the country and State, to avoid an impending draft. Allen v. Colby (1867), 47 N. H. 544.
Enlistment of minors.--This clause gives Congress power to enlist minors in the Army without the consent of their parents. U. S. v. Bainbridge (C. C. 1816), Fed. Cas. No. 14,497.
Under this clause Congress may provide for the enlistment of minors, with or without the consent of their parents, and may give such effect and conclusiveness to the contract of enlistment as it may deem best. In re Davison (C. C. 1884), 21 Fed. 618.
The United States has a right to prescribe the rules and conditions under whicb voluntary or compulsory services are to be rendered by citizens, and the period at which persons reach their majority and become sul juris with respect to the ordinary affairs of life can not abridge this power of the General Government. (1896), 21 Op. Atty. Gen. 327. See also 2168, 2169, ante.
Stato courts.-In view of the constitutional grant of power to Congress " to raise aņd support armies " and "to provide for the Government and regulation of the land and naval forces," a State judge has no jurisdiction to issue a writ of habeas corpus, or to continue proceedings under the writ when issued, for the discharge of a person held under the authority, or claim or color of authority, of the United States, by an officer of that Government. Tarble's Case (1871), 13 Wall. (N. S.) 397, 408, 20 L. Ed. 597.
2786. Calling forth the Militia.--The Congress shall have Power
To provide for calling forth the militia to execute the Laws of the Union, to suppress Insurrections and repel invasions;
Art 1, sec, 8, Constitute tion of the United States.
For draft of the National Guard into Federal Service, see 2549, ante.
Notes of Decisions. Power of Congress in general.- Act of Congress is not deprived of its power May 2, 1792, act of May 8, 1792, act of under this clause when the necessity for its Jan. 3, 1795, act of Feb. 28, 1795, and act exercise is called out by civil war. Tyler of Apr. 18, 1814, providing for calliiig v. Defrees (1870), 11 Wall. 331, 345, 20 forth the militia to execute the laws of L. Ed. 161. the United States, suppress insurrections, Under the twofold power to raise and repel invasion, and for organizing, armies and call forth the militia, both arming, and disciplining the militia, and regular national armies, and occasional for governing such part of them as may be militia forces from the several States, may employed in the service of the United be raised, either by conscription or in other States, amount to a full execution of the modes. McCall's Case (D. C. 1863), Fed. powers conferred on Congress by the con- Cas. No. 8,669. stitution. Houston v. Moore (1820), 5 The provision of the Military Code that Wheat. 1, 12, 5 L, Ed. 19.
the commander in chief shall have power
to disband companies of the National Guard whenever, in bis judgment, the efficacy of the State force will be thereby Increased, is not in conflict with power of Congress to call forth the militia, and provide for their government while in the service of tbe United States. People v. liil (1891), 13 N. Y. Supp. 186; judgment affirmed (1891), 126 N. Y. 497, 27 N. E. 789.
The power of commanding the service of the militia in times of insurrection and invasion is a natural incident to the duties of superintending the common defense, and of watching over the internal peace of the country, and was wisely vested in Congress by the framer3 of the Constitution, Griner (1863), 16 Wis. 423.
State laws.-Sec. 21, act of Pa. Mar. 28, 1814, prescribing punishment for militiamen neglecting or refusing to serve in re. sponse to call to Federal service, held valid. Houston v. More (1820), 5 Wheat. 1, 5 L. Ed. 19.
Under this and the following clause, the only Instance where governmental powers may be exercised by the United States is when the militia shall be employed in the service of the United States. At all other times the whole government of the militia is within the province of the State, and therefore any legislation which the State may adopt relating to the government of the militia in no wise contracts powers conferred upon Congress, as long as it does not infringe upon the method of organization. People v. Hill (1891), 59 Iun, 624, 13 N. Y. Supp. 637 ; judgment affirmed (1891), 126 N. Y. 497, 27 N. E. 789. Courts-martial, organized upder
the authority of a State, have not power, it seems, to assess fines on delinquent militiamen for not obeying a requisition from the Secretary of War to enter the service. Meade v. Deputy Marshal (C. C. 1815), Fed. Cas. No. 9,372.
Calling and service of militia.--The Presldent alone is made the judge of the neces. sity of calling the militia into the service of the United States, and he acts upon his responsibility under the Constitution. Martin v. Mott (1827), 25 U. S. (12 Wheat. 19), 6 L. Ed. 537; Vanderheyden v. Young (N. Y. 1814), 11 Johns. 150. See also Luther v. Borden (1849), 7 How. 1, 12 L. Ed. 581 ; In re Brockman (Sup. Ct. D. C., 1917), 45 Wash. L. R. 133; (1856) 8 Op. Atty. Gen. 8.
The Constitution, which enumerates the exclusive purposes for which the militia may be called into the service of the United States, affords no warrant for the use of the militia by the General Govern. ment, except to suppress insurrection, repel
invasions, or to execute the laws of the Union, and hence the President has no authority to call forth the Organized Militia of the States and send it into a foreign country with the Regular Army as a part of an army of occupation. (1912) 29 Op. Atty. Gen. 322.
The power of the President under the Federal Constitution to call the whole mili. tia of any part of the Union into service in case of invasion may be exercised by his delegate, i, e., a general commanding in chief in a particular district; and all citi. zens subject to militia duty may thereby be placed under military law, but this is the extent of martial law, and all beyond is usurpation. Johnson v. Duncan (La. 1815), 3 Mart. (O. S.) 530, 6 Am. Dec, 675.
The commanders in chief of the militia of the several States have a right to determine whether any of the exigencies contemplated by the Constitution of the United States exist, so as to require them to place the militia, or any part of it, in the service of the United States, at the request of the President, to be commanded by him, pursu. ant to acts of Congress. In re Opinion of the Judges (1812), 8 Mass. 549.
Under this clause the raising of militia by draft under order of the President and the punishment of delinquents refusing or neglecting to serve are matters of Federal cognizance. Matter of Spangler (1863), 11 Mich. 298.
Act of Feb. 28, 1795 (R. S. 1642), passed by virtue of this clause gave the President authority in case of invasion or danger of it to call forth the militia, which thereafter were subject to the same rules as the United States troops, and provided a penalty for failure of the militia to obey the President's orders, Held, thereunder, that on the President's calling on the State executives for militia pursuant to the ex. press provisions of act of Apr. 18, 1812, whatever orders were given by the governor respecting the militia called for were given in pursuance of the President's call, and their breach was a breach of the Presi. dent's orders. Commonwealth v. Irish (Pa. 1815), 3 Serg. & R. 177, note.
The authority under this clause to call forth the militia includes the power to punish delinquent militiamen who fall or refuse to respond. Duffield v. Smith (1818), 3 Serg. & R. (Pa.) 590, 593, See, also, Mills v. Martin (N. Y. 1821), 19 Jobns. 7, as to amenability of militiamen to laws of United States in times of peace and when not in the service or pay of the United States.
Suppressing insurrection. The authority of the United States to suppress the rebellion is found in the power to suppress