The Caledonian. [volume] (St. Johnsbury, Vt.) 1837-1867, 1862-09-19
Field Officers Of the New Regi-
manfS

So'S NhNSAotOcu tloI lllC OUNCluOI ldS
arrived at the conclusion that he has no right
under the constitution and laws of the state
to appoint the field officers of the regiments
now being organized at Brattleboro. We
desire to call attention to the following pro-
visions of the constitution and laws.
The constitution of Vermont provides that
"the several companies of militia shall, as Of
ten as vacancies happen, elect their captains
and other officers, and the captains and SUBJ
alterns shall nominate and recommend the
field officers of their respective regiments"
Compiled Statutes, p IS, S32
The old militia law of Vermont provides
that "Field officers ofregiments shall be cleo
ted by the written or printed votes of the cap
tains and suba!terns of the respective regi-
ments." Comp. Stat. p 637, 80.
Are the volunteer troops recruited under
the order of the President, the militia" in
the sense of the constitution, and are they to
be organized under the provision of the fore
going statute, or in accordance with the pro-
visions of more recent enactments?
The act Of the Legislature Of April 25th,
1861, relating to the election and appoint
ment of officers in the uniform militia, pro-
vides that 1.-The COMMANDMENTS chief shall
have power to appoint the regimental field
officers that may be required for the first reg
ment of the volunteer militia, which shall be
called into active service upon any requistion
of the President of the United States"
The act of April Goth, 1861, entitled "an
act to provide for raising six special regi-
ments," &c, provides that "the colonies, lieu
tenant colonies, majors, chaplains and quar-
termasters, shall be appointed and commits
stoned by the gore,nor."
By an act approved Nov 81, 1861, it is
provided Is y that "Ihe governor is hereby
authorized to recruit, organize, arm and equip
one regiment Of infantry, (9th) to serve for
this State in the army of the United States,
........ tie same manner and upon the
same terms and conditions, so far as they are
applicable and not inconsis. ent with this act,
as are prescribed in an act entitled IAN act to
provide for raising six special regiments -.
approved April 26, 1861"
See Laws of Vermont for 1861, 80.
And by the same act Up IS, $ 81 it is pro-
vided that "The governor is further author
lied, if necessary to make up the number of
volunteers called for, or that may be hereaf-
ter called for by the President of the United
States, under the act of Congress. .ap-
proved July 90, 1861, or that may hereafter
be called form ANY EMERGENCY, or under any
act of Congress by the President Ct the Uni
ted States, to recruit, organize, arm and equip
such number Of volunteers. as NAV
be called for by the President to serve this
State and the United States for the period of
three years, u1less sooner discharged, in tie
same manner and upon the same terms and
conditions as provided in the preceding sec
tons of this act"
If the authority of the governor to recruit
and organize the present resimentsis derived
from any law of the State, it must be from
the last mentioned act, which provides thai,
they shall be raised and organized Sin tie
suulp ,JuUueJ. " prpScrihod -, on oft
entitled IAN act to provide for raising six
special regiments, passed April PC, 1861.
which act ofApril &c, 1861, provides that the
colonies, lieutenant coloneis, majors, &c,
"shaU be appointed and commissioned by the
gore,mor."
1t may be that those acts are uncons,itu-
tional, but is it the province of the governor
to decide constitutional questions in opposi-
ton to legislative enactments? The consti-
tuition defines the duties Of the governors =
"they are to take care that the laws be faith
fully execute l." The language of the consti.
tuition is not conclusive in regard to the ap-
pointment of field officers. The captains are
to "non,inate and recommend the field officers
Is this inconsistent with the law requiring
the governor to "appoint:9"
But there is another view of the question
By an act of Congress of long standing, the
President is authorized to make requistion
upon the several states for military forces for
period not exceeding nine months, under
the constitutional provision authorizing Con-
sress "to provide for calling forth the militia
to execute the laws of the Union, suppress in
surrections, and repel invasicns." The cali
of the Presiden: for the last 100000 men
from the enrolled militia of the states, was
in accordance with the foregoing law of Con-
Sress, and had the governor resorted to a
draft, no doubt the proceeding would have
been independent of any law of the State
The fact, however, that these troops are vol
unteers, many Of whom were never enrolled
with the militia of the state, would seem to
entitle them to be classed as volunteer reci-
ments.
1t may be worthy of consideration, in view
OF the foregoing premises, how far the ques-
ton is, or should be affected by the regula-
tons of the war department.
General Order No. 10, issued by the L. S.
Adjutant General, provides that in the or
ganlzatlon of the volunteer regiments, called
for by the President, "the field officers of the
regiment will be appointed by the governor
OF the state which furnishes the regiment"