The daily union., 1846-06-26
THE DAILY UNION


stood the organization OF the army must
In the that the volunteers choose their officers,
and those officers are commissioned by the execu-
uyes Of the States, he had only to submit To this
House that under act Of Congress Of 18th May last,
the militia, whether officers or priyates, can be
called into the service Of the United States for but
six months. The governor Ofa State issuing COM
mission To officer, be he colonel or general officer,
can commission him in the service Of the United
States for but six months He apprehended that
none of his friends who were disposed To insist so
strenuouslY the rights Of the States would be dis
posed TO cOnroyert that proposition. lie is a mill
Tia ocer-an officer of the militia Of the States and
under the act of Congress the President of the
United States cannot call either the private of the
States or their officers into the service Of the United
States for a longer period than six month. These
volunteers have been engaged in the service of the
United States for twelve months; and il is proposed
by the amendment of his friend from Alabama, that
we should place in command of these troops who are
thus engaged for twelve months, officers who hold
their commissions for but six months. 1t cannot
be otherwise ii must be So If the general officers
were sent TO command these volunteers according
TO the principles of this amendment, and vacancy
in the Office of brgadler or major general were
TO occur, he asked his friend from Alabama, how
that vacancy was to be filled How in the field or
IN the service when your State brigades or divisions
sent of in detachments, or regiments, or compa-
occurring shall be flled' The great diversity
in the laws of the several States respecting the
the mlllua-respectng the mode Of appointing Off
of militia, makes some uniform rule necessary
For instance, in some of the States the general Off
GERS of the mllitia-major and brigader generals
appointed for four years. in other States there is
no organization Of the militia at all
The expedIeney of the appointment by the PTes.
dent Of the United States being thus apparent, Mr..
b. proceeded TO submit TO the House some views on
the constitutional power of the President TO appoint
officers for volunteers. He undertook from a care
ful examination Of the acts Of Congress from 1891 to
the present ume TO say that the volunteers Of the
States have never Eeen regarded the militia of the
Stales, whilst under OF these acts, they have
not regarded enlisted in the service of the
United States, he said the volunteers accepted by the
President OF the United States under act of Con-
gress have never been regarded the militia Of the
States. This is the point, he understood It, Of
difficulty with gentlemen on this floor. Now It was
instructive in questions of this kind advert 10 the
legislation Ot Congress this subject in times past
Mr. STEPHENS nterposed, and inquired how il
was that the President does not appoint colonies in
the regiments of volunteers unless 1t be that they
are considered as State troops II they were regular
troops, the President would necessarily appoint
them.
Mr. BURT (resuming) remarked that he had al.
ready SAID that volunteers had not by previous acts
to the inquiry Of the honorable gentleman from
Georgia, he would say that Congress prescribes the
number OF troops and the organization Of them; and
the colonies by the acts Of Congress are permitted
to be elected by the volunteers, concession TO the
prejudice which these troops known to entertain
against being commanded by officers of the United
States. IL is very great concession to these preu-
dices Of the volunteers which has suggested the pro-
visions of the bill on your table it is that these vol
unteers shall not be placed under the command Of
officers Of the army Of the United States because ii
is known they are repugnant to being commanded
by these officers. They are taken from the great
body Of the people, they will be selected no doubt
by the President if this authority be conferred upon
him, upon every principle on which gentlemen en-
deavor the choice and the appointment Of
the President. But he held in his hand, prepared
with care, brief synopsis of the acts of Congress
on the subject OF volunteers:
By the law Of Sd March, 1871, the President was
authorized Ito employ troops enlisted under the de-
nomination Of levies, in addition to- or in place Of,
the militia, for six months, TO be sooner discharged
if the public service will permt)
The President was authorized further 10 organize
such levies and alone to appoint the commissioned
officers thereof.
BY the law Of 9th May, 1874, the President was
authorized require Of the executives Of the several
States a body Of $1,000 militia. BY this act the
President EN- owered to authorize the executives
OF the several oales 10 accept any tndepeHde corps
Of cavalry, artillery, or infantry, part Of the de-
tachment aforesaid, provided they shall voluntarily
gage corps in the service.
By the Iaw of 29th November, 1884, the Presi-
dent was authorized to call forth of the militia 2 500,
to be stationed in Pennsylvania. He was also au-
thorlzed, in case he deemed it expedent "to direct
enllstments Of any of the militia of the
United States, in lieu ofthe force authorized for
term not exceeding thirty days after the sitting of
the next Congress"
No provision as to officers, but clearly had pow
er to appoint.
BY the law OF 28th May, 1893, I'D. vol. laws, 81 y
The President authorized to cause to be en-
listed and called into actual service, in Of war
Or invasion, 10000 troops for three years. and in
addition to them to accept any company or COM
oanies of volunteers "whose commissioned officers
he President is hereby authorized to appoint"
BY the law of 22d June, 1898, volunteers under
he act of Cd May were exempt from militia duty
until their discharge, and were to be drilled
Further provisions for appointment Of officers by
he President; company officers to be commission
ID by the President.
By the law of I'd March, 1899, (3d vol laws, 262,
he President authorized to accept $4,000 vol
lnteers, of which the officers were to be appointed
by the President.
BY law of Sd March, 1903, (3d vol. laws, 556) the
President authorized to rsqure of the executives
If the States "o organize, arm, and equip, accord
no 10 law, u utdCnUtnt OI HOl eNCeeunR
&, 900, officers included. The President was also
to empower the executives of the seve-
al States to accept, as part of the detachments
any corps OF volunteers who shall engage
o continue in service for such time, not exceeding |
weve months, and perform such services, shall be
prescribed by law. That the detachmens of mill |
ia and VOLUNTEER corps shall be oficered by the
States.
BY the law of 18th April, 1906, the Presi-
lent was authorized to require the executives of
he States to organize arm, and equip, according to
aw l00,0 900 militia, officers included and that he
nay authorize the said executives to accept, part
If the said detachment any corps of volunteers who
'hall engage to continue in service six months.
The said detachment of militia and volunteers to
De offcered by the authorities Of the States.
By the law of Both March, 1903, (4th vol. laws,
1881 tie provisions of the last law were re,en-
acted.
BY the law 9th July, 1872 9th vol. laws, 374,
he President authorized to accept the services
IF so 900 volunteers, to be appointed according to
he laws Of the States: vacancies occurring to be so
filed.
Mr.. Madfson's message-3Oth June lSl2-rec-
,mmends that the officers of the volunteer forces
be commissioned by the authority of the United
tate