BELLION.
The constitution of the United States, art. 1, § 8, gives power to congress "to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions." Whenever the United States shall be invaded, or be in imminent danger of invasion, from any for eign nation or Indian tribe, It shall be lawful for the president of the United States to call forth such number of the militia of the state, or states, most convenient to the place of danger or scene of action, as he may judge necessary to repel such invasion, and to issue hie orders, for that purpose, to such officer or officers of the militia as he shall think proper. And in case of an insurrection in any state against the government thereof, it shall be lawful for the president of the United States, on applica tion of the' legislature of such state, or of the ex ecutive (when the legislature cannot be convened), to call forth such number of the militia of any other state or states, as may be applied for, as he may judge sufficient to suppress such insurrection ; U. S. R. S. pp. 287, 1029.
Whenever the laws of the United States shall be opposed, or the execution thereof obstructed, in , any state, by combinations too powerful to be sup pressed by the ordinary course of judicial proceed ings, or by the powers vested in the marshals by this act, it shall be lawful for the president of the United States to call forth the militia of such state, or of any other state or states, as may be necessary to suppress such combinations, and to cause the laws to be duly executed ; and the use of militia so to be called forth may be continued, if necessary, until the expiration of thirty days after the com mencement of the next session of congress.
Whenever it may be necessary, in the judgment of the president, to use the military force hereby directed to be called forth, the president shall forth with, by proclamation, command such insurgents to disperse, and retire peaceably to their respective abodes, within a limited time ; U. S. R. S. § 5300.
The president may declare by proclamation when ever the inhabitants of any state or part thereof are found by him to be in a state of insurrection, that such inhabitants are in a state of insurrection against the United States and thereupon all com mercial intercourse between them and the citizens of the United States shall be unlawful and shall cease so long as such condition of hostility con tinues, and all goods chattels, wares and mer chandise coming from such state or section into other parts of the -United States or proceeding from other parts of the United States to such state or section together with the vessel or vehicle con veying the same shall be forfeited to the United States ; but commercial intercourse may, in the dis cretion of the president, be, permitted and licensed with loyal persons residing in such insurrectionary section, so far as to supply such persons with neces saries ; U. S. R. S. §§ 5300-5304.
Capital cases for insurrection by a citizen of the United States against the government of any foreign countries having treaties with the United States may be tried before the minister of the United States in such coun try; id. § 4090. See INSURGENTS.