The Stark County Democrat. [volume] (Canton, Ohio) 1833-1912, 1885-08-13

erty" TO be held In honor, even "anclen
ordinance" exchanges the gentle cnrrenl
OF Its windinga among the c0rnlieldl
and the hills Of vines, for the torrenI
and the cataTact:- even "ancient 0rdi
nance at last resorts 10 the "feaIfu
path OF the cannon ball" flying "direc
and rapid" The differences between th,
executive agencies OF civil and OF mill
tary law are OF degree, not OF kind, ant
the gunner Ia AZ truly the servant Of
"ancient ordinance" 40 the Judge or th(
advocate; the drag0on as the bailiff. Thil
10 because, az Schiller also says: "lE
war itself. war Ia no ultimate purpose,
War Ia q means, not an end IL II wert
otherwise, society Itself would lose III
value. Both the civil and military state
exist 10 secure peace, and the deterrlng
effect OF each Ia its most constant and
most effectual function. Society may
use force or deceit, but not as an normal
agency, and civilization differs from
barbarlsm In the infrequency OF its re'
sort TO these powers.
Both civil aud military law have q
kindred origin az we'll az a common pur'
pose. Each furnishes methods for the
overthrow OF disorder.-each employs
implements often the same, for deatrnc-
tlon; each Ia ennobled by the loftiness OF
its purpose, and the dignity OF its source,
and debased when converted 10 personal
advantage und aelf.seeklng. Az In the
other callinge styled liberal, glory and
fame are not direct objects, but In civil
aud military service tiow as collateral
results, from labora for others, eluding
pursuit when sought for their own sake
only. Alike In 30 many particulars, as
sons OF the same sire should be, the civil
and milltary,agencles OF goyernmentare
In no proper sense hostile or conflicting,
They are the two hands OF government,
each within ite reach potent, neither In
terferlng with or disturbing the work
Ing OF the other. There Ia, therefore, no
dishonor In the cooperation Of th9 mill.
tary with the civil power, or In the post
pOnement OF the agencies OF the former
until those OF the latter have been ex
hausted, or In the subordination OF the
former 10 the latter. Both emanate from
the mandate Of the same legislature;
both are Welded by officers of the same
executive.
In our system the same Congress pos
sesses the entire Legislative power In
matters civil and military, and the con
sent OF the same Executive and his ac'
tive energy are necessary TO the enforce
ment Of its legislation. The Executive
who approves or yetoes all laws IL also
COmmander.in Chief OF the Army and
Navy; and, In time OF war, OF the militia
Of the several States. when called into
service OF the United States.
or the indiasOluble brotherhood, the
lnseparable unity and accord OF the
civil and military agencies In q
free state our fathers furnished proof
In their indictment OF the King Of
Great Britain In thu Declaration Of In.
dependencq:-"He has kept among US,
In times OF peace, standing armies with.
out the consent OF our Legislature. He
has affected TO render the military inde
pendent OF aud superior to the civil
power"
and the grand end and aim, not OF
one, but OF both these kindred powers,
Ia 10 assist In the accomplishment OF
the great purposes for which the States
were welded together, and the Constl-
tuition ordained and established ITO
form u more perfect Union, establish
justice, Insure domestic tranquility,
provide for the common defence, pro.
mote the general welfare, and secure
the blessings Of liberty for ourselves and
our posterity."
Seeing now that the same act may, un'
der s0ro circumstances, DO the breach,
aud In others the enforcement OF the
laws.--that, again, II may be either In
the ordinary course OF procedure OF civil |
law, or feat OF glorious war, an achieve
ment OF military prowess-seelng that |
the army aud the civil posse, the general |
and the constable, are brothers, or at |
least c0usins.german, closely allied In |
affinity OF origin and community OF pur.
pose, II follows not merely that the |
hours given, young gentlemen, 10 the |
study OF law In this Academy have been |
we'll bestowed, but that many more may |
be proAtab'y spent In the years TO come,
when you shall have been enrolled |
among those who execute law and make |
history, And In mentioning law In
clude the noble aud kindred study OF |
history, for law IL the preciptate Of hls.
tory, the rule OF present action which |
experience suggests as having been |
found best In the past; therefore, most
available for present emergency, and no |
man can fail 10 profit 10 whom Ia con.
yeyed tho wisdom Of the ages for the
guidance OF the hour. IL follows, also,
that the different duties and relative
rank OF civil and military officers, the
subordination OF one 10 the other, the
duty, the obscurer OF the civil
Ian In contrast with the greater perils,
the subllmer self sacrifice OF the soldier,
Involve no dlshonor or reproacb.
Three great facts OF American history
attest. the importance OF the study OF
and legal relations by
,oldier and citizen alike. Our grand.
fathers fought the war OF independence
In resistance 10 the legal proposition
asserted and sought TO be enforced by
leorge the Third, and the Lord North
ministry, that the colonies were liable
% taxation without representation. Our
'athers fought the war OF 1912 10 estab
ish tho legal proposition that American
lhips are Of right free from search, and
iaturallzed, as well as native American,
IeRmen free from impressment upon the
iigh seas. And this generation has
Ieen the ablest, most patriotic and con.
lcientl0us graduates OF this Military
academy arrayed In arms against each
seen men, many OF whom
,ared nothing for slavery, following
he banners OF their States and OF the
southern Confederacy against tho 1ug
" the Union, because OF q legal opinion,
honestly held, that the Constitutional
dict, proclalming that "Lhis Coustitu.
ION and the laws OF the United States,
which shall be made In pursuance
hereof, aud all treaties made, or which
hall be made, under the authority OF
he United States, shall be the supreme
aw OF tho land, and the judges In every
State shall be bound thereby, anything
N the Constitution or Lawson any State
10 the contrary Notwithstanding" had
leed adopted under such clfcumstances
hat n ALata miuht lawfulIy rp |