Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1899-04-27
THE MILITARY LAW

The fact that many of the officers OF
the Virginia militia disagree with At
tornel- -G aneral Montague in his opin-
ion tnat entering the service of tha
Uuted ates deprived them of their
commissions Ia the State volunteers,
mas lever been made prominent, but
the ouiuiau in some quarters is very
strong
L Is oeij Icy ,hose who are opposed
10 he attorney generals views Chet
uuGec ino terms of Toe entrance OF Nir-
g.ula volunteer tficers into the service
Of Tue Unltea ) es, Jhey cHuld no' be
reg4r0ed as qutf!ug The Service OF Vlr-
gina. All officers under tne volunteer
army bill up 10 and including the rank
OF coouel wrre commissioned by the
governors of the States. Tney could
not be held to have accepted post un-
der the national government. When
they We're mustered out of the service
they simply returned from detached
aerviCe, and should have been ordered
TO reoln their State organizations.
Those VINO take this view point to
the action Of The governor of Connecti
cut last week. The Third Connecti-
cut regiment returned home Monday OF
last week, after being mustered out at
southern camp. On the following
day the governor OF the State issued an
order directing that the regiment,
which "bad been on detached service, "
he again attached TO the State brigade.
In every other State it is claimed that
this course has been followed, with pos
sibly TWO or three exceptions, includ-
Ing Virginia.
Attorney General Montague is firmly
of the opinion that ne was right IN the
construction of the law.
The Virgioia statute is plain" be
said Yesterday Under it every Off
Ger aud enlisted man of the Virginia
volunteers who entered the United
States army, was ipso tacto, mustered out
of the service Of the State. If the stat
| utes of the States in which the state
| troops were regarded as having been
merely on detached duty are the same
as that of Virginia on this subject, then
all l have to say is that the law in those
states has been improperly construed,
in my judgment.
However" continued Mr.. Mon
tague. II wish the courts OF this State
would pass upon the question. l did
not wish TO assume the responsibility
of deciding it and should be glad to
know that the bench sustained me,
| which l bave but little doubt it
would do"
Governor Tyler will, in few days,
issue his orders for the disarmament
of the military and reorganization OF
new companies. The delay has beer
due to the ques ions arising in con-
nection with the ownership of property
held by the organiz atoms before enter
lug the national service, Attorney
General Montague was asked for an
i opinion as to whether the property
would pass to the new organizations
He will render it in q few days.
The old First regiment had IN hano
when its companies were assigned to
the Second and Third between S5.ON
and Sc 900, which was raised for the
purpose of buying new uniforms. Ii
Is understood that trustees will be ap'
pointed to take charge of this money
The fighting in the Philippines has
aroused the martial spirit OF the mem
oers of the Virginia regiments recently
mustered out. Several of them have
EXPRESSED desire to enlist for service
mere. and should there be a call ioi
troops they will do so. An ex-ofhcel
saws he thinks three companies Can ne
raisrd in Richmond without difficulty
- Richmond Dispatch.