of imminent danger, as well as for cases where an invasion has ac-
tually taken place, closing their judgment on this head with these
remarks :

"In our opinion there is no ground for a doubt on this point,
even if it had been relied on, for the power to provide for repell-
ing invasions includes the power to provide against the attempt
and danger of invasion, as the necessary and proper means to ef-
fectuate the object. One of the best means to repel invasion, is
to provide the requisite force for action before the invader has
himself reached the soil."

But that decision further determines that under that "Act of
Congress, the President has exclusively the authority to decide
whether the exigency has arisen; and that his decision is con-
clusive upon all other persons. He is necessarily constituted
the judge of the existence of the exigency in the first instance,
and is bound to act according to his belief of the facts."         

This was the unanimous decision of the judges of the Supreme
Court of the United States.                                                     

The Governor is, therefore, in our opinion, authorized to call
out the militia, to be ready for any of the exigencies, in which, un-
der the quoted provisions of the Maryland Constitution, their ser-
vices may be needed; and his decision upon the question of an
imminent danger of such an exigency, binds the military au-
thorities, and protects every individual who obeys the Governor's
call.

On this head we need refer to no acts of Assembly, because
there are none which conflict with the views we present; and, if
any were in such conflict, they would have to yield to the para-
mount rule of the Constitution. All the acts of Assembly, how-
ever, are but cumulative, or in aid only of securing the protec-
tion of the military power to our civil and political rights, and not
exclusive of the supreme power of the State Executive to pro-
vide such relief and resource, where he conscientiously believes
there is a crisis impending that requires the use of precautionary
means.

The act of 1823, ch. 188, entitled "An Act for the better Re-
gulation of the Militia of the City of Baltimore," so far from
militating against the views which we have announced, contains,
in our judgment, an unqualified recognition of them. By the
70th section of that act, which provides for the calling out of the
militia, in case of " invasion or threatened invasion," and which
gives power to such effect to the commanding officers of divi-
sions, brigades or regiments, it is made the duty of such offi-
cers to transmit information to the Commander-in-Chief (the
Governor) without delay." In the further case of "suppressing
or preventing of an insurrection or opposition to the laws," the
officers aforementioned are commanded by the same section to
order out the troops under their command, on the written requisi-

40