INSURRECTION. A rebellion of citizens or subjects of a country against its
government.
2. The Constitution of the United States, art. 1, s. 8. gives power to
congress " to provide for calling forth the militia to execute the laws of
the Union, suppress insurrections, and repel invasions."
3. By the act of Congress of the 28th of February, 1795, 1 Story's L.
U. S. 389, it is provided: Sec. 1. That whenever the United States shall be
invaded, or be in imminent danger of invasion, from any foreign 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 his orders, for that purpose,
to such officer or officers of the militia as be 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 application of
the legislature of such state, or of the executive, (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.
4.-2 That, whenever the laws of the United States shall be opposed,
or the execution thereof obstructed, in any state, by combinations too
powerful to be suppressed by the ordinary course of judicial proceedings, 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 commencement of the then next session of
congress.
5.-3. That 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 forthwith, by proclamation, command such insurgents to
disperse, and retire peaceably to their respective abodes, within a limited
time.