The national Republican., 1862-01-02
lHE MILIiIh -tONsTI UTiONAL
pRtNClPLks.

Tue report made by Mr.. Rice, of the Military
Committee ot the Senate against the PROPOSE
ton to mcrg. the State militia, or volunteers,
l"rcs ADD clearurss, lis incompatibilty with
trovl,ions plainly written in the Consultation,
a'd uust imror'au, to be preserved.
rbe militia and volunteers are State troops
.h.h ugh Ia the national service, and while the
Prestieu, commands them during their term
o' national service. the right to officer them is
expressly r-served to the States. This pre-.
ltu.lrp w's inlrudrd by the trainers of the
G.verGm"n' both TO preserve the rights and
dignity ni the States, and to prevent danger
n" nati"ual Executive.
In this connection, we note the fact that the
War Department has, in some cases. issued Or
der, in be namc of the President, striking th,
names "i volunteer officers from The rolls wi h
vat 'riai or charges, and simply at discretion.
lus' At # it was a case Of removing a post
N Istey. NJ Il collector OF the customs. The
Prrs.d at although his name is necessaril, I,
u4rd, prDblb fever had his attention called
t" 'h"m. and We doubt If the Secretary OF War
ia ~ in the sam category. This sort Of thing
'S tr'qu ntly don! by sub0rdi ates, and nov
more - 'han ever, when the concerns Of the
government have so vastly augmented The
+ ,snr" of business upon the President and
m mb"rs Of the Cabinet. But whoever has
d1u" this thing, it is so clearly wrong, and con.
t. with hc Constitution in 30 vital a point
ihn, it des"rvfrs the attention of Congress and
O. The country.
Tho only attempt at justifying II which We
nar" ever heard. is that the volunteers, hile
~ he national service are declared to be sub
lsct to the rules and articles of war, one Of
which larice eleven) declares -. nor shall q
y"uImlsivncd oiii ier be discharged the service
but by order OF the President of the United
States, or by sentence O. general court
martial.
But in the first plac g., in declaring the vol
un'"ers subject TO the rules and articles ol
war Congress must have intended only such
rule. and trticl.s ol war as could be applied
to- them without destroy ing their essential
character, "r, in o'hcr words, the application
pt rhp.- rul-s aud articles must be such as s
consistent with the subject matter. The gen
''i' d cIaration' Ioat they are TO be governed
l'"' T." regular army, cam Ut be extended 10
mean mat their constitutional organic on as
State troops il to be taken away.
ln III" next place, the eleventh of the rules
AID arlici's Of war is not a grant Of power, bul
II 10 prohibition and restriction. 1t does moi
declare what may BE- done. but what shall not
hn done. H. is not from that article that the
Fr'sld"nl. or geneT Al court-nartial, derive
then power 10 dismiss officers OF the regular
army They derive it from other sources, and
he "riy effect OF the eleventh article il to
pr"n'btt such dismissal IN any other mode.
The riph Of the President to remove otficers
oi ia" regular army. is an incident of his riqL
B." "Pi Oim h,m, under construction Of th,
Crus tuition settled i'll the early history of tn,
Government See the first opinion (by Mr.
i"gar") IN th" fourth volume Of Opinions O
'rs Attorney Generals And as the Pr siden
d"s not appoint volunteer officers, of cours.
H. cannot oblair, by construction, The right (,
remove them.
Volunteer officers may be discharged By
coure~mar'la', after trial. upon charges In
adii'ion TO that method, Congress has provided
board 10 discharge them for inconpetency
by age. physical disability, or other cau..
Ths 10 going far enough, and there can be n,
Overwhelming exigency of the public service
which can reconcile US to such a violation O
.'reat principles az is involved in the arbitra
.y dismissal Of volunteer officers at the pleasure
oil th- President, and which is practically, a
everybody knows. the dismissal of voluntee
officers at tho pleasure of subordinates in tn
"a' Department. who use the President
name