The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-11
A Commission in the Army Not Con-
tract for Life.

In the House debate On the Army ippro-
priation hill on the Goth OF March. Repro
sentative McCooK OF the Eighth New York
District said " In reference to the officers
Of cur army. it seems to me that the oblign
tions we assumed when We entered into the
contract with them, which was certainly
implied if not express. require that 50 long
Re they are able to perform their duties the
Government of the United States shall make
provision for them" This is not the first
time that the claim OF the army officer to
hold office for life has been asserted in his
behalf in Congress. The claim Is utterly
false. The Government never contracted
with the army officer for life service. Tho
officer has never bargainod to serve the
Government for life The Government is
free at any moment to terminate its con-
tract with the officer. The officer is SINH
larly free 20 resign his commission, except
during the first five years succeeding his
graduation from the Military Academy.
For that length Of time only does he con-
tract to serve The right of the Govern
ment to discharge him during that time has
been reserved and declared 10y statute
The nature OF the engagement betwse"
the Government and the army uh'ccr made
by the giving aud the acceptance Of n mill
taru commission is to be determined, first,
by the Constitution Of the United States
secondly, 10y the legislation of Congress in
harmony with that Instrument; thirdly, by
the practice OF the Government heretofore
In disbandng or reducing its military force.
The standing ground Of the soldier in the
Constitution Of the republic is in its first
article. In the twelfth paragraph of its
ninth section power Is granted TO Congress
to raise and support armies; but no az
preparation OF money to that USE shall bee
Tor longer term than two years" In the
fifteenth and sixteenth paragraphs OF the
same section power Is given TO Congress
TO provide for calling forth the militia TO
execute the laws of the Union, suppress in
surrcctions, and repel invasiOns; to pro-
vide for organizing, arming, and disciplin-
ing the militia, and for governing such part
OF them a. may bc employed in the service
of the United States, rcserYing to the States
respectively the appointment Of the officers
and the authority of training the militia
according to the discipline prescribed by
Congress" TIE SUN, commenting on these
paragraphs, has repeatedly shown that the
militia is the permanent army OF the Con
stitution; that the armies raised and 10 be
raj ed by special acts OF Congress were in
tended to be temporary forces for tempo
rary cXigcnc,cs, to be disbanded when the
exgeucies ceased; that the limit Of service
contemplated for these temporary armies
created under the twelfth paragraph Of the
eighth section was two years that the lim-
tation Of two years 10 the duration Of APP
preparations for the support Of armies"
tl...f.s
.stcncc; that while the trainers Of the Con-
stitution explicitly provided for the main
tonance Of n navy, they refused, by impli-
cation, to tolerate a standing military force;
and that a permanent army is opposed TO
the spirit Of our institutions.
The Federal legislation has been in har-
mOny with these views and with the Const-
tuition as thus read. The title Of the first
act OF Congress which appropriated money
for military purposes IS very significant.
II is IAN act To recognize and adapt TO the
Constitution Of the United States the estab-
lishment Of the troops raised under the re-
solves Of the United States in Congress as
somblod, &c. 1t was passed Sept, 20, 1889.
Its second section reG9ttblished the pay and
allowances Of the troops voted by the old
Congress. before the adoption Of the Con-
stltutlon. Its sixth and last section was In
these words "rhat this act shall continue
and be In force until the end Of the ncxt SEES
sion of Congress and no longer" 1t cannot
be contruverted that the first Congress that
met aitor the adoption Of the Constitution,
and which, better than any succeeding Con
gross, knew it's intent and meaning meant
In pursuance Of the provisions of that in
strument 10 provide for tho army as a tom
poraly aud not permanent force. The pur-
posed effect OF that sixth section was u