The times. [volume] (Richmond, Va.) 1890-1903, 1891-03-08
THE MILITARY LAW"
ADDRESS by MAJOR j. III. DINNEEN
LIST NIGHT.
Excellent Address-What Was Expected of
Bodied Men on Certain OCCASION
Rotations Between the War Department
and the Volunteers.

Major John III. Dinneen last night at the
regular monthly meeting Of the Military Club
at the Regimental ArmOry delivered lecture
on Military Law TO the members present.
some of whom were General Charles j. An
derson, Colonel J. V. Bidgood, Colonel Henry
G. Jones, Colonel G.. Percy Halves, Major W.
NJ. Evans, Major NJ. d. Hoge Major Corbin
Warwick. Major Henry C. Carter, Captain w.
Kirk Matthews. Captain W. Fred Peasants,
Captain Lewis d. Crenshaw and Lieutenant
Van dc Yenter.
Before the lecture was delivered routine
business was transacted. One of the matters
being touched on was the question OF taxing
care of the States property now unused by
several companies and batteries IN Virginia;
From statements made 1t seems that several
companies within the past year have dis
banded, and their arms, equipments, etc, are
now in the several armOrles unprotected and
uncared for. that these equipments could be
used to great advantage by the chiefs Of the
three branches of the service, who reside IN
Richmond. but that it Is hard matter 10 re-
ceiye the proper authority 10 take the required
care Of the property.
No action was taken, however the discus
sion being a general one and did not apply
especially TO any particular branch OF the SER
vice. other matters being attended TO- Major
Dinneen began his lecture. He began by
giving synopsis Of the military law of Great
Britain, giving a clear idea of the mailed
Knights and the peasant soldery.
AFTER THE WAR.
Coming TO the subject Of America, he said
The close of the war, which established
the independence of the American people and
entitled the United States 10 take her place
at the council board of nations, the great
soldiers and statesmen whose courage ana
genius founded the Republic saw that next
to achieving liberty and independence,
their most important work was 10 take
Hder for their preservation and trans
mission 10 posterity. Realizing that
the government they were about TO
found, TO be worthy of the name, must possess
d power back of the laws to secure their en-
forcement, and with firm conviction that
standing army was dangerous 70 the Liberties
of the people in 1881, when they undertook
30 reconstruct the articles of confederation,
they made it obligatory upon every state al
ways to keep well regulated and disciplined
militia
whilst the necessity for well-organized
and disciplined militia was recognized and
admitted by all there was great diversity OF
opinion among the delegates TO the Consttu-
tional Convention as to the means by which
the end might be accomplished.
THIRD OBJECT
1.-The object Of the trainers, as l understand
it, was twO-fOld. First, To provide III the
States separately for the organization of a re-
gularly disciplined force to suppress riot and
Instruction, and 10 aid the civil authorities
in the execution of the laws, 10 be command
ed by officers appointed by the States respec-
lively, and to be subject to State control.
Secondly, In the States respectively to
provide for the common defense by the trans
fer of the militia to the service of the United
States upon the call or order of the Federal
authorities.
"Of such importance was the legislation
necessary TO give effect TO these constitu-
tional provisions considered that General
Washington, in his first message TO the first
Congress, said:
THE devising Of a well-regulated militia
would be a genuine legislative honor. and
perfect title 10 public gratitude In 1892
Congress attempted TO exercise the power
conferred upon it by the constitutional pro-
visions Just read. and the United States Mill
Tia law, as 1t now exists. except the provision
creating the annual appropriation, which was
incorporated in 1903 at the urgent request OF
MIR. Jefferson, was enacted.
THE MIN OF '76.
1.-The men of '76. whose work we have been
reviewing, be it remembered, followed no
fascinating theories of natural right, no bril-
liant philosophical speculations upon the
nature of society and government, but with a
profound knowledge Of the home-bred, hard
won. slowly-maturing results of political ex-
perience. which, through century and half
Of political dependence, through eight years
or war and ten years of feeble and futile con-
federation that had schoOled them for
the sublime task of preserving and perpetual
Ing the principles of personal liberty and
property protection, they founded a govern
nent under the benign influence of lOca, law
And no fact connected with our political and
social development seems more remarkable
than the infrequency of occasions which have
called for or justified military interference
with the civil power, and no more striking
evidence exists of what has been APPLY called
the civil instincts and capacities of race.
We know not how much of the wisdom
Of to-day may be accounted the folly
of tomorrow, but if American institu-
tions are TO be what their founders intended
they would be. perpetual, the principles upon
which they based their fabric must not be
departed from.
DURING 1912.
During the war of 1912 the authority Of
the President over the militia under this law
became subject of doubt and difference of
opinion between the general government and
the governments of some of the States In
Connecticut, at the time when the Federal
Capital was sacked and burned by an invading
toe, 1t was contended by the State govern
ment, upon one of the exigencies specified
Ia the Federal Constitution, and that
even when SO called out they could not
be placed under the command of officers of
the regular army Similar difficulties arose
IN Massachusetts at the same time Both of
these States refused TO furnish detachments
of militia for the defense of the maritime
frontier. basing their refusal upon their own
construction Of the Federal Constitution.
The President was decidedly of a different
opinion, and declared this construction of the
constitutional powers of the general Govern
ment novel and unfortunate.
But now II seems of lprVXlge &C nv no ocf |
OF Congress approved July 20, 1851 it is pro-
vided, In case of draft, the militia when called |
into the service of the United States, shall be |
governed by the Articles of War, etc, whereas |
employed was the language of the act of 1892 |
In the case OF Presser VS.. Illinois GIG L |
b. 262), decided by the Supreme Court in 1885. |
very important question was argued and |
considered, but not decided. The constitu- |
donalty OF the Military code of Illinois was |
questioned on the ground that in its scope |
and object it is in conflict with the United |
States Militia law in this, that il pro- |
vides that only 5000 men shall be en- |
rolled and mustered into the service as mill |
TIA, TO be known as The National Guard.n |
whereas the Federal militia acts REQUIRE all |
citizens between the ages Of eighteen and |
torty-hye years TO be so mustered. But tie |
case was decided on another ground, and this |
question was not passed upon.
DEFECTS IN THE SERVICE.
Probably the greatest defects in the volun- |
teer service are in discipline and in guard |
cuty. IL Is difficult for men who are on terms |
o. greater or less friendship and intimacy In |
the duties OF everyday life TO lay aside these
relations when they don the uniform and role
OF the soldier Military discipline i of |