The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-05-13

This is the spirit of the new law. It is
the basis of all of the provisions. When
the bill was in the House it was changed
SO as to provide that the Governors might
appoint officers of regiments from the
colonies down. This means only that the
privilege is conferred on the Governors to
select certain subordinate officers OF the
United States volunteers. The provision
was inserted to stimulate local interest and
state pride in the volunteers. Its chief rec
concentration was the argument that
through it organizations of the National
GHard might be induced to come MI, into the
eminent does not accept National Guard
organizations in any sense. But it is natur-
ally desirious of drawing into the volunteers
as many men as possible who have been
drilled, and who may have seen something
of camp and field service.
PROVISIONS OF THE LAW.
The act known as the Hull bill, under
which the volunteer army was called and is
now being organized, was drafted with
great care. Its provisions, in considerable
part, were framed in the Office of the judge
advocate general of the army The law was
intended to remedy all past defects
and to furnish the legal forms by
which the armies of this country in times
Of emergency shall be created. Officers
whose memories went back to the difficulties
Of the civil war gave the benefits of their
experience. The national idea of govern
ment was kept inl mind throughout. Par
ticipation by state governments was minim-
ized. The theory which inspired the provis-
Ions was that so nearly as possible the ma
tlonal government should draw the vOlun-
teers directly from its citizens.
volunteers under the new law are not
state troops, but belong to the army of the
United States. All United States laws, pen
sion as We'll as other, apply to these Volun-
teers as much as they do to the regulars.
Major j.. n. Morrison, a well-known Mis-
sourian of the Judge advocate general 6
star explains IN an unofficial way the real
purrLport and application of the new law:
The act" he says, provides that in time
OF war the volunteer army and the regular
army are two branches of the United States
army, on an equal footing with each other
In every respect, and that during war both
together compose the United States army
Inc enlisted men are obtained in the same
way III both branches; that is by volun-
tary contracts of enlistment made by each
man for himself. The officers are also OBJ
talned IN the same way in both branches:
that is, by appointment The appointments
however, are not all made by the same per
SON. The President appoints all the off,
GERS In the regular branch, and a portion
OF tnose or the volunteer branch. 1t is pro-
vlded that the Governor shall appoint some
or the officers in the volunteer branch This
Is a case where the law authorizes the
the United States"
Another statement made by Major Morri
son SHOWS how limited is the participation
VI the state governments in the work of
Ialslng the volunteers and how far some of
the Governors have miSconceiVed their an
tnorlty under the new law. Major Morri-
son says: There is no provision in the law
for any State or for the Governor or for any
otner off1cer of the State to enlist any of the
men of either branch of the United States
army-that u.s. volunteer or regular-or for
tnem to have anything to do with raising
eitner branch, except that the Governor rs
the branpcb bs Gerain designated officers Of
1he armed forces of the United States ill
now consist or the regular and volunteer
divisions of the United States army and the
state militia. How distinct the Volunteers
are from the State militia is made plain by
t t!1n further statement of Major Morrison:
me nrst proViso to Section of the volun-
tser act recognizes that at least some Of
the states have State militia organizat tons
ana II is assumed that some of the members
OF tnsse organizations may come to the
United States recruiting officers in a body
as members or company and enlist in the
volunteer army in a body and it is pro-
Vided that when they do this their military
othcers may be appointed as officers for the
ORGANIZATION they constitute in the volunteer
army; that is, If the men constituting a
militia organization withdraw from it all at
once, and all come and enlist together in
the volunteer army of the United States,
they have a right to expect that the men
who were their officers in the militia or
gan1zation that they belonged to will be
appointed as United State volunteer officers
Tor the volunteer organza ton they will con-
stltute in that establishment
There is nothing in the act that can be
construed TO provide that any state organi-
ganization into the United States service
mustered in as the state volunteer organ
1zatlons of 1861 to 1865 were-and If the
militia officers are not appointed or do
not accent they will remain militia officers
But II they are appoined and do accent
they VIII probably have to resign as militia
ofhcers. If they do not resign they will
simply hold two offices-one in the state
militia and one in the United States army"
MISTAKES OF GOVERNORS.
When this trouble with Spain became
acute many people. including Governors
and officers OF States and of the National
Guard, thought the government would meet
the necessity for larger army by calling
out the militia. Plans were formed with
that as a possibility. The prompt enact
ment OF this new law provided an entirely
different method. 1t is believed that the
national government will be greatly the
gamer by the change There is now no au-
thority standing between the government
and the volunteer soldier. Possibly the
militia might have done all that was asked
of It, It might have gone to Cuba but the
Some of the Governors and many National
Guard officers expressed the opinion that
the militia would go wherever asked The
government. however, realized that war was
no time to take such things for granted
Several times in the history OF this country
the militia have been called on in great
emergencies and failed. One notable in
stance occurred In the summer of 1863.
Pennsylvania claims TO have the best disci-
plfned National Guard of all the States
When Lee was marching on Gettysburg the
Pennsylvania militia was called out by the
Governor. in accordance with a superior
call by the President. The militia agreed
to go into state service but not under the
call of the President. They took this po-
sition because they thought they might he
ordered by the President beyond the state