The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1892-03-12

FEDERAL MILITIA A FICTION.

In the January number of the Journal OF
the Military Service Institution, Lieutenant
Joseph B. Bachelor, jr., points out that
the federal militia law is obsolete, and the
militia non-existent. The National
Guards are not militia, do not exist under
the militia law, nor are they subject by
virtue of enlistment to the order of the
president. "They are state troops, re-
cruited by voluntary enlistment, sup
ported, uniformed and equipped by the
state, and, though the arms generally
come from the general government, really
armed by the state. They receive privi-
leges or pay, or both, from the state. and,
in short, are little state armies, lawfully
available for service only within the state.
They not only exist without warrant of
federal law, but in direct contravention to
the constitution. which provides that NO
state shall, without the consent of con-
gress, keep troops in time of peace (See
Cooley's Constitutional Law. Liability to
enrolment in the militia, even when the
performance of military duty is super
added, does not make man a militia
man, unless he is actually enrolled, accord
ing to the constitution and the law"
This National Guard now numbers about
100000 men, but the number available for
duty would not probably exceed so per
cent. of the paper strength. This Ma
tional Guard, Lieutenant Bachelor urges,
should be legalized, organized and disci-
plined by the United States, and encour-
aged in all practical ways to largely in
crease its numbers. At present, in event
of war, the National Guardsman, believ-
ing his own home to be endangered, would
not leave his state to defend some other
state, nor could an order be lawfully
given by the president, because the Ma
tional Guards, as such, are not subject to
his orders, while the order Of the governor
would be binding only for service within
the state. The National Guard needs to
be increased and change made in its
status which will make it available for
national as well as state defense.
When legalized the National Guard
would become part of the military estab-
lishment of the United States. This
recognition by the United States would
not withdraw them from state control, but
superadd to this the control of the United
States. The situation would be one of
concurrent authority. The constitution
Cart. 1, Sec. s. gives to congress the power
to provide for organizing, arming and
disciplining the militia, and for governing
such part of them as may be employed in
the service of the United States, reserving
to the states, respectively, the appoint
ment of the officers and the authority OF
training the militia according to the
discipline prescribed by congress" The
National Guard, if legalized and organized
as here proposed, will not be militia, but
preserving their present relation to the
states, they will form a new relation TO
the United States, and will become part of
the military establishment of the nation.
The time and manner in which these
forces shall be employed should be defined
by law.
In order to induce the citizen to enroll
himself in this force and swell the rank.
OF trained soldiery the government should
grant liberal subsidy for the National
Guard. Grant and acceptance of the sub
sidy must establish the right of the
United States to command at need the
services of the trained soldiery it he'd
helped to multiply and support. A sub,
sidy granted to the State National Guards
without change in the present status
would allow the state at its discretion to
answer requlsition for troops with raw
recruits instead of the soldiers trained and
disciplined by the subsidy. Grant and
acceptance should make the grantees part
OF the land forces of the United states.
The enlistment, or quasi-enlistment, O
every man must be voluntary, but when
the aid Of the United States has been ac-
cepted military allegiance must follow
and order for service must be as binding
on the National Guard as on the regular
army. This is Lieutenant Bachelor
plan for making a true National Guard OF
the United States within the severa
states.
The application for enrolment in the Natioua
Guard of the United States should come from
the company On receipt OF such apnl!ratior,
he
minimum, II should be the duty OF the secre,ar,
of war TO detail from the army an officer to "a
port TO the governor as inspector for that state
Each man, by signing the request for enroll
inent and afterwards the muster roll of nj
company, contracts full liability to ssyx
when called on. but the unit with which ?,
United States deal is the company 1t ia tn
company that is paid. aud each receives tn,
same subsidy as long as II comes up 10 IN,
standard.
II the National Guard were increased t,
zoo, 900 infantry, $1,000 cavalry and 5000
artillery, the annual expense would b
about S., +S0 600 in subsidies, and the cos
OF instruction would swell the total annua
cost 10 about $if, ISL 600; an average Q
$3.50 per man. Each of her soldiers all
nually costs Germany about S2l0 Austri
$40, France S2i2, England SS7l and tn
United States about 81 600 while the stat
Of New York e1pends for each member o
her little army abou, $S5 per year
This plan would give the United State
an army of over 400. e0d effective traine,
soldiers at small cost. This scheme is al
excellent one; it is open 10 no Legitimate
objections. and yet We fear nothing bu
IN expensive war with foreign enem,
Will persuade our people 10 obey WashiDr