The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-08-19
TAs MILITIA Fine Nuissncss


dalv c,,uated uaper Astounding with gensraes In re-
ference 10 and denunciaons Of State militia law and
the system OF militia under H. my hope that
who 4 grateful for national military education, and who
has ever taken deep interest In he Improvement of
militia the great Of defence in time
ofneed will be permitted in the columns 10 briefly
point out what the State well the United States laws
upon that subject and to explain why the Lgsa
ture any other Legislature, repeal wha.
sidered its most obnoxious clauses without previous
ton the part Of the United States Congress in repeal
ing laws upon the Statute books and that IN reality
the nuisance not in the law but in unreasonable and
factieus resistance to laws enoned by the constitution Of
the United States and of the State of New York. approved
and seriously recommended by he Father Of country
and If complied with, in law abiding spirit, would i'm
The United States oonsttu,ion sec s, declares the
Congress shall have power to provide for
armng and discipning the militia &c Congress, under
this DIVISION, enacted in 1772 a. folows.-
,aves OF the Uned States Of America in Congress-
s sss % 81 q s
Of eighteen and under the age Of forty five years ss
IL Be e q S the militia s By the ,
act And shall at ali times he1saiser Be the duty svsry
cs & as .nd
s s ne
bounds.
The then proceeds define how every citizen
so enrolled shall be armed and equipped, and that the
militia IN the rsspeeve states shall within one year aer
regiments, battaons and companies, as the Legislature
of each State shall direct" And in 1898 was fur
Their enacted ec ~ that any notice or warning TO at
tend company, battalion regimenal muster or train
ing which shall be in accordance to the laws Of the State
e,s notice 81 nosces the lawns Of
State have provided sha be served the resdence
Of the person notified either personally or by leaving the
Av,an nf uvtfh of
suitable age in case Of absence refusal 10 receive
the same, by leaving at such residence'-and that
"the Adutant General Of the militia in each State
shall make return OF the militia of the State to
which he belongs, with their arms, acooutrements
and ammunition, agreeaby to the directions of the
act to which this is an addition TO the President
Of the United States annually or before the first Mon
day in January in each year, and by the laws Of 1908
is provided that the procured by the annual a
preparation OF two hundred thousand dollars by the
United States, to provide arms for the militia, shall be
transmitted 70 the several States n proportion TO the
number Of militia In each State and Territory"
These NJ Editor are the laws Of Congress under the
constitution and remain unrepeae and over which the
state Legislature have no control and nothing 70 do
farther than TO prov for their faithful execution They
cover the whole ground Of enrolment and declare that
each and every free able bodied male citizen, between
the ages Of Is and 49, shall severay and respectively be
enrolled in the militia" excepting only few United
States officers and such may be specially exempted BY
the laws of the STATE Here is the annual enrolment pro-
vided by Congress- and simply responded TO by the
OF the State Here Ii the annual parade required by
Congress to enable the officers TO make their required an
Adjuant Generals Department under him, At Washing
ton which return, serves other good purpose,
dollars annually appropriated by the United States
government by which our Armori - are becoming well
stocked with arms, without any direct expense 70 the
State.
Hence it will be seen that the whole system Of ununi
formed military enrolment and organization had il
birth in Congress- and not in the State legislature and
the former alone look for relief such is desirable
Having shown the duties and checks tina. the laws Of
the United States have constutonalIy imposed upon
nj fiOui n ca Qh IN nxxn
state constitution, which was framed with great debera
ton if not wisdom, and which puts mpassabe barrier
to the radical legislative reforms demanded Section
article Of our constitution declares
The militia shall at all times hereafter be armed disciplined
and in readiness for service
II thus appears that the militia, and the whole militia,
must be organized, must DO annually enrolled, must
nray parade pay the penalty and the only question
left 10 the State Legislature is what that organization,
hey ond the carrying out the requirements Of Congress and
the constitution shall be, TO suoserve the best interests
q the State and to equaze as far may be the burdens
thus imposed upon those made liable to this duty.
A brief statement Of these laws will show that the
heavier burden does not rest upon those who pay the
Communication tax even the State fine The laws after
simply and plainly enactng what is by Con-
gress and constitution have provided the manner In
which any one liable TO these twenty seven years duty
such AZ s, in this great municipal organization, may
shorten his period Of service, well as obtain certain
other exemptions, which by joining uniformed orgsni
zaton and performing all the dUies required ny law
therein for the period OF seven years
But what are these duties required and the expenses
BY section 10 Of the laws Of 1855 the several corps
shall exercise at least eight times in each year and Is
well known that circumstances render II proper and Is
often the that they ordered out nearer twenty
besides almost weekly company drills, the two officers
drills by the commandantsof The division, the officers
drills BY the conmandanls Of brgades, the two officers
drills by the commandants Of regiments, with five dol
lars tine for each delinquency, and a monthly drn OF
each entire regiment, from November to March. Such
duties these, accompanied b. the expenses Of uni
form and al the expenses incidental TO ouch organ
cations, and IN most cases with the expenses Of
hiring rooms and armories are tax indeed Here is
sacrifice Of time and money but from this
plant arises Now does the law deal harshy with those
taat do not choose TO Join uniform corps and do the
State service well thereby receiving some in
structon and carrying out the intent OF Congress and
constitutions Certainly not The laws say II those
liable will perform what Congress- has required and
which there State power 10 excuse, submit TO
enrolment appear annually with the arms and accoure
S nents as required by the United states law, me
lenen says that, upon the annual payment Of the small
sum Of seventy i've cents every person thus liable shall
be exempt from military duty Thus for the small
Of twenty dollars and twenty Eve cents paid in annual
instruments Of seventy I'VE cents the American citizen
exempts himself during e least from that military
vigilance that have been weak enough 10 suppose
forms some part Of the price OF liberty By this APP
pears that the burden is not equally Distributed the
commuters not the 10 complain and II Is be-
lieved they do The nuisance those who
the law, and loudly that they viii neither
heghth OF whose ambition appears 70 be 10
have wrangle with the military marshal, thereby
hoping to secure immortality through tho columns OF
daily weekly Journal But seriously what Is there in
these laws find fault WITH not 10 the laws, let
calling them nuisance, and attribute this evil or
evil there s) 70 the manner which they enforced;
and here at arises the question do not all the incou
vonences and trouble originate rather from the oppos.
ton made by the disaected, ana by denqucuts deter
mined 10 entirely disregard the Law and at defiance
than from any njudicous improper acts behalf Of
thoee whose duty 1t sand who TO carry them
INTO executionY The Law provides with great caution
that the notice OF enrolment shall be accompanied With
notice OF the day place and hour Of holding Court OF
Appeals which Court OF Appeals has been held for
past by those with az least the rank Of Geld officers, at
the City Arsenal the bee, rooms furnished by mum
cipal Authorities instead Of rum bolcs has been in
amously alleged, and where every inhabtart may sp
pear and render his excuse. which, II reasons ble
ompts him FOR TIE time being or he may plead his
emptor, which, n a permanent one, VII be entered
upon The exempt books, and forever relieve him
from farther uouble ard u n boldly asserted
that person who has appeared before such court
and rendered a proper excuse has Gfler yards been
required 10 pay One. md Why should not this court
pres led by high officers Of the respective regiments
In whose honor i Is believed the people have full coud
dence be much respected AZ courts Of ustcef And
the delinquent expect that such court be treated
with mpunliy and &c not suffer for his defaup In such
case has he not the right 70 expect warrant VIII
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