The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1886-12-25

I we consider WnAL an -ueueClual OaTrleE
it would prove 10 an army of invasion,
or how futile would be It's scattered
efforts in case OF widespread internal
disorders. And il is at the inception
of trouble while the militia are collect
ing and preparing, that the regu ar
forces are required to sustain. slngle-
handed. the onslaught Of the enemy.
In mas been stated. and IL appears
{ reasonable. that if the north had had 8
reru'er army of fifty Thousand men.
instead OF ten thousand, 20 throw
into The southern States immedi-
atelv after the bomb2rdment OF sum
Ter that Richmond would have fallen
at once and the war have been ended in
q single campaign. AID The govern
! ment expended enough in d single year
OF that long contest, 10 have maintained
an army OF lifty thousand for 4 quarter
/ of a century. such, remarked q re
/ cent writer, lis the expense OF econ
o-ny." Congress. in disregard ng the
opinions Of experienced generals, aud
the warning voice OF statesmen, as 10
+ the necessity OF an increase Of the army
and the protection OF our valuable sea
coasts, Is INVITING disaster.
There Is too much reliance placed in
| our numerous population aud our IN
! bounded resources. It Is forgotten that
the construction OF war vessels. the
manufacture Of gigantean cannon, the
erection of mo ern forts, are la5Ors OF
months or years. Popular faulty i
blind 10 the fact that a British irCnclad
would esteem an entrance into New
York harbOr, a. e holiday excursion,
even II millions OF infantry lined its
unarmored and unprotected shores,
The hope OF the country Is in the
mihtias: something has been done. not
much II : true. 10 secure a competent
reserve force of state troops. But the
States a. well as the general goTern-
ment have been ruinOusly eco
nOmical n this respect, and
the result is that the largest
commonwealth have but pai,ry hand
full Of moderately efficient troops. The
government gives a trst-Class military
education, al West Point. 10 an average
OF about fifty cadets a year, many OF
whom ultimately find their way into
civil life and into the militia. AM
various propositions have been made
for the military training of hundreds OF
youth, IN short courses, under army
officers. and at the expense OF the
United States.
\ guarantee against any evil purposes
to which the army or the militia. in
'uture times, might be sub servisnt. is
found in the traditions OF the common
law and in the express provisions of
statutory enactment.
Nothing could be more idle" says
Haslam, in his Constitutional History
of England, lat any time since the Re
volution, than TO suppose that the regu-
lar army would pull the speaker out Of
his chair, or in any manner be en-
ployed TO confirm a despOtic power in
the crown. Such power. 1 think, could
never have been the waking dream OF
either king or minister. But as the
81 ghtest inroads upon private rights
and liberties are TO be guarded
against in any nation that deserves
TO be called free. We should always keep
IN mind not only that the military
power is subordinate TO the civil. but.
as this suDOrdinatiOn must cease where
the former is frequently employ ed.
that il should never be called upon in aid
OF the peace without sufficient cause.
Nothing would more break dOwl TINS |
nation OF the laws supremacy than the /
perpetual interference of those who are I
really governed by another law. And, I
even IN slight circumstances. il is not |
cOnformable 10 the principles Of our |
government TO make that vain display |
Of military authority which disgusts Is I
so much IN some continental kingdoms. 70 /.
The suoordinetion Of the military 10 I
the civil authority. means me troops /
must keep within the bounds that nave /
been marked out by laws. and the /
decision OF courts; that II they tre,pass I
beyond. the, nder themselves liable F.
u criminal prosecution and = civil /
suits for damages.
But impossib things are no. asked .
OF the soldier; aud from the character
b. b..
called upon 10 act upon 4 moments 4
MOTTO. with meagTe. and perhaps .
information, u i only just
that lie should b. judged by liberal
rules. Where = discretion Is zi-
lowed. military commanders tLey
must BE protested in the honest
exercise Of their discretion.
When they are required 70 act under 4
aw which Is NOT clear 10 the common
est understanding, and they mistake
is provisions. they are not 10 be held
liable. And in the execution OF the
orders of a superior, interiors are 20 be
protected II the orders are not obviously
Illegal 70 the ordinary understanding,
1ut II Illegal, anu obviously 50, in
errors cannot be held harmless in
,beying them; ii legal, and yet the in
erlOr honestly believes them 10 BE- IL
,e triable by court martial, since it
would be dangerous 20 permit a SUicier .
o shelter himself under plea tb2t he
believed the orders 20 be /
legal; and If they be Illegal '
mi not obviously so. and he /
.isobeys themS he cannot De held I
10 court martial /
or his disobedience. But on the other I
land. If an order is plainly illegal in the I
opinion OF the jury before whom the !
oldieT Is arrsiSned, the person from I
whom il emsnaied, as well as those who :
Executed /, are amenabie 10 punt ,hment
md damages. Or. If the order was mali
ious. cruel or corrupt. and was exc
,uted, both superior and inferior would |
'e liable. as the inferio- would be in car
wing out IN malice aud cruelty. pro-
yer order.
Not only is the military subordinate ;
o civil authority in the sense that Ii Is
leld responsible 10 that authority for I
xceSSes. but also IN the respect OF act !
ne under the general supervision OF
lvil funcJiOnarisS, whe ever called into !
.ction, in times Of peSce. I
Il Is not meant that the civil !