The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1846-08-15


corps believing that whatever number might be willing
TO enrol themselves for that period the evils Of disorgs
h :
ton has already been exhibited by these volunteers
receiving from home the that they be dis
banded unless they would volunteer for twelve months
They volunteered with a prompness and enthusiasm
seldom exhibited In any country for the period OF
months and willing and anxious to serve their
il there be any prospect however remote of acu
al collision it'll the enemy. should the expiration of
the six months find them engaged in active operations
doubt not vast majority perhaps all-would gladly
continue their service until the close the campaign
need not assure the department that the Of
my against my expectation and wish but now that the
regiments the ground naturally anxious for
would rsspectfalIy recommend that be- Allowed to re
thin them until the expiration Of their SERVICE exercis
ing the discretion Of dschargng any corps who may de-
sire it before that time. They impatient for service
and shall spare exertions employ Thorn actively
and usefully while they remain.
In day or two will furnish return of all the vol un
teer force. In the meantime the strength Of the reg.
ments who enrolled for less than twelve months
be approximately estimated at 5000 men,
Your obedient servant,
z. TAYLOR,
BIT. Major General u. s. A. Comd'g
The ApJUrANr GENERAL Of the Army,
Washington, d. c.
HEAD QUARrKRs LA. BRIoApE VoLuNrEERs.(
Camp at st. Juan de Buenavista, July Is, 1916,
CAPrAIN-I find myself very much embarrassed by the
opinion expressed by Gen Scott in letter to the Secre
tary Of War; the subject plan ofcampaign here
Arguing on the imPossibilty OF commencing operations
here before the fall he that the six-monhs volun
teeTs cannot be retained legally day three months
AMI any exerion Of martial law them after that day
will subject any attempting Il to punishment or retr
interested in producing disorder and there great
danger that attempt will be made at the end Of three
months to claim release fiom service and that officers
Will be afraid to incur the responsibility Of resisting it,
in the face Of the opinion of the commanding general Of
the army Having neither tho letters nor the laws at
hand, can quote only from memory; but will briefly
state view OF tho question.
Under the laws of the United States the President
tia to serve three months This evidently was one Of
those jealous restrictions on the power Of the general
in favor Of the rights Of the States and Of the
people The President cannot exact compel longer
service than three months but provision Of law made to
the rights of any class of persons and with 9TH
ject Of the law is to restrain the exerton Of power
them, not to limit restrain their action SO
in Louisiana certain acts OF married women and ohlga
tons contracted by them are NULL but they waive
the benefit of these provisions and bound by the OBJ
legations then made Now both the state Of Louisiana,
by the law providing for the raising Of this brigade and
the volunteers by their enrolment and mastering into
vice. by their acceptance of the bounty and other advan
tages offered by the state to those who should engage
made in their favor and the volunteers bound by the
engagements made Besides the I'd section of the act
of 3th May 1896 have important bearing this
point The claim is made that being militia called into
service by the President through his delegate they
not be compelled to but three moaths. Now, if
they have been called into service by the President
virtue of "any other act" they may, if in the opinion
Of the President OF the United States the public interest
requires it, be compelled to for not exceed
ing six months ater &C., and they cannot say tn they
surprised into engagement they did not foresee
for this precisely the term they themselves stipulated
for Whatever may be the law the subject it is of
tai importance that be settled before any act is done
which may involve individuals rrevocably therefore
respectfully ask that the General would submit this
question the President for the opinion of the law OFF,
Of the government that let the law he it may
we may conform ourselves to it.
presume that those mustered into service after the
i3h of May though ignorant Of the passage of the law
that day. cannot invoke against their vol unary
contract, law which was then virtually repealed.
the period of those first mustered service il
within twenty days of its close il three months be the
little lime Is left to hear from Washington but
they can, no doubt, be induced to wait an answer.
Your obedient servant,
PE.RSIFER +. SMITH,
Brigadier General, L. v.
Captain w. w. 8. Bliss