Aside from these considerations, it is believed

by the Executive that in accepting the services

of these companies he acted in direct uniformity

to the Constitution. The fourth section of the sixth

article of that instrument declares that "The

Governor shall have power to call forth the

militia to execute the laws of the State, to

surpress insurrection and to repel invasion."

The emergency which he conceived to exist

may not technically be held either an insur-

rection or an invasion, but to the State and

its citizens the consequences were the same.

Under this section if the power exercised in

the instance under consideration be not

vested in the Executive he confesses himself

unable to understand either the force or the

application of language.

If however it should be held that the Consti-

tution does not sustain him in the course

he adopted, the Executive does not wait

but will not shrink from condemnation,

preferring for to be condemned for employing

irregular means to do a praiseworthy act

than to be commended for folding his arms

according to law and looking with unconcern

upon the suffering of his fellow citizens.

Should your Honorable body adopt the opinion

that the Executive in this instance acted

improvidently and without the sanction of law

he indulges the hope that this circumstance

may not impair the claims of those whose

services and means were placed at the dis-

posal of the State to protect the lives and

property of her people. Should the Legislature

fail to do this, we can have no reason

to expect that the General Government will

recognize the necessity of the call or make