The sun. [volume] (New York [N.Y.]) 1833-1916, 1879-06-11

doggcd reluctance TO give up their pay.
The fifth section Of this act of 1889 con-
tains additional aud conclusive proof that
the trainers Of the Constitution intended to
dispense with permanent army, and to rely
on the militia IA the military force of the
country. Tho second section OF the act sim
ply provided support for the remnants Of
the old Federal army. The fifth section said;
That ior the purpose protecting the Inhabitants Of
the frontiers OF tc tuitsi states from tc hostile incur
sion. of Co.., dans the President Is hereby authorized
90 call into service time to time. such part of the
militia Oh, states respectively us hc may iuigc nctcs
safy Tor the purpose Aforesaid, &c.
This section designated the only proba
biity for the use Of an army-to fight Indi-
ans-and it designated the force that the
Government, under the provisions of the
Constitution was to roiy on to meet the
danger and overcome 1t. That was militia
furnished by tho States. II Congress con-
tcmplatcd the future use and permanent
maintenance OF what was left OF the Rcvo-
ulieanry army, it would have employed it
20 protect the inhabitants OF the frontiers.
But it had no such purpose. II Is unqucs-
tionahlc that this first military appropri0-
tion bill of 1883. this first act Of military leg
islation. passed within two years after the
adoption of the Constitution. and with the
debates which accompanied the framing Of
that instrument yet cchoing in the land.
truly interpreted its intent that standing
army should not exist in the republic.
Next came the act Of April 30. 1889, which
declared "thc military establishment Of
the Unilod States" and also explicitly
declared the right Of the Government
to abolish the force within the three
years. the period for which il was TO
bc raised. That * TO say. the act was passed
in strict harmony with the Constitution Of
the United States, aud the understanding Of
every man then alive In the country that
the Federal armies were to be temporary;
that IL was competent for Congress to dis
band them at any moment: and that n milf
t1ry commission no more conferred a life
office than IL crowned its holder king.
The terms and intent of the act ~ 1892
concerning the army equally rcfutc the
claim OF the officers that the Govern
mcnt has contracted TO support them for
lie. The first section provided for filling
up TO standard the battalion Of artillery
and the two regiments of Infantry that then
constituted the whole of the United States
army. The second section authorized the
idl-liH Nl AlAfN NtAAlAANill lfkllltl Inc
third section contained this proviso:
"P,o,ieL that tic said three r,-imcn,. shalt he lis.
charged tho United State, shall be- at peace
with the Indian tribes.
The twelfth section empowered the Prcsi-
dent Ito forbear to raise or to discharge
after they shall be raised, the whole or any
part OF the said three regiments, in case
events shall. in his judgment, render his
l "a
Bear in mind that these were regular
troops. If it was competent for Congress to
authorize the discharge OF a part of the reg
ular army, it can authorize tine discharge of
the whole As 90 "the public safety" can
there be a doubt Of the cxpcdicncy OF getting
rid Of an idle and useless military estab-
| lishment which consumes thirty-iVe mill
| ions Of dollars n year Those three rcgi-
monts were wanted To meet the danger ut
an outbreak Of Indians between the Ohio
and the Mississippi. Likoall the war wants
OF the republic, this was IA temporary want
Indeed this act OF Congress, and all the
| preceding acts, do not contain one word that
implies permanent military establishment.
| The Constitution gave the Legislature
| power only to raise armies. not To- main
tain them and each one of the above-mcn-
| toned acts was carefully drawn in conform
| ity to and harmony with the authority L.
raise forces from time tn tinle a. they
| were needed the Ilaral waiu armies I'm
the Constitution implying succession Of
orr rions aud IA succession Of dishandments
The next law which interpreted and gave
effect TO the provisions Of the Constitution
in respect to an army was passed on the 2d
Of May. 1892 II was the first frame work OF
| the army of the Constitution, the miltiu.
The words Of its enactment are full of the
| purpose OF the men who framed our organic
law 10 commit the defence Of the country
in all wars, foreign aud domestic, TO the
people, and 10 no permanent military force
whatever. 1t rccited:
That whenever the United states shall be invaded, or
be 100 imminent danger Of INVASION from any iorcgn nA
ton lniiu tribe. It shall nwiul tor the President
the United states 10 call tlTu such lumber OF the militia
Of the State States convenient the ulacc o
danger scene OF action hc uaS luIro necessary
repcl such uvasions aud In # instruction iu
any against the Government thereof It shan be-
lawful Tor the President OF tho United States applca
uon OF TIVE Legislature OF such state, Of the EAocu-
tive tNhen the Legislature cannot be convened to cali
forth such number OF the militia Of any other state 6c
This first militia law provided comprohcn-
sively for the military needs Of the nation.
1t included every possible occasion for the
use of an army. Interpreted 10y the rule OF
exclusion it indicated the purpose ofthc Sec
ond Congress, fresh from the debates ON the
adoption Of the Constitution, 10 make the
militia the permanent army OF the republic.
1t indicated 1t also by the provision in the
fourth section OF the act that the pay and
allowances Of the militia should be the
same rs those OF the troops OF the United
States who may be in service at the same
time, or rho were last IN service" These six
words are full of disbandment, aud refute
the beggarly plea of life contract.
The rciutation of this plea contained in
the act which organized the West Point
Military Academy Is yet more conclusive.
That was passed on the 29th OF April, 1912.
Its third section provided that each cadet
shall sign articles, with the consent of his
parent or guardian, by which he shall en-
gage to serve five years unless sooner dis
charged" The Academy, as projected and
founded, was n school Of engineering solely.
| The cadets by law were attached to the
Corps Of Engineers, and were pupils to
engineer officers. The contract between