The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1899-05-16

and as such has had charge of all legis-
lation in the senate relating to the en-
listment and discharge of men in the
war with Spain, his remarks are wor-
thy Of consideration. And, inasmuch
as the speech to which reference is
made was delivered some time after the
Philippine trouble began, his position
has not been changed.
By referring to the Congressional
Record, third session, fifty fifth con-
sre;ss, page 1929, it will be found that
he spoke as follows:
On the 10th OF December. 1888. the treaty
with Spain was signed by the president.
| ano in the last section OF that treaty ii
! was provided: The ratification shall be
. exchanged at Washington within six
| months from the date hereof. or earlier.
| II possible. The senate has ratified the
| treaty The ccrtes Of Spain assembled
yesterday, and is. l suppose, in session to-
! day. perceive ny the reports that they
; have their own little difficulties at home
and are engaged in some controversy; but
| L mink there can be no doubt that they
VIII. within a very short time, possibly
! today. possibly tomorrow, ratity the
! treaty. 1t will then be necessasss to send
a ceruficated statement of that action.
| IL is not likely we shall act upon tele-
| srafn. When that ceItihcation comes
! hete, then i'm due time. perhaps in TWO
! or three weeks, the Publications will be
| could delay, because the treaty says. the
| ratiiicati tons shall be exchanged at WASH
| lngton within six months from date here
| OF but they can be exchanged undOubt-
| eddy within TWO or three weeks. / can see
no reason why the president and Sagasta
should manage "a delay of that action.
| There undoubtedly will be no delay.
Nor do l see how the president Of the
! United States can delay moment in is
| suing his proclamation stating the fact
I of the ratification on both sides, and pro-
Z claiming that fbpral flor there is
States.
/ What then? 1t becomes the imperative
/ duty of the president, under the statute.
! 10 discharge about 1900 volunteers The
waters will be covered with returning
ships; and unless we pass this bill, or one
/ like II. there viii be very few troops going
| outward as re-enforcements to replace
those who have come home
Not the 1900 men only. Mr.. President,
but all the regulars who enlisted for the
war between the 18th day of May. l think.
and the 18th day of October. or some date
near there, viii be entitled to be dis
charged. In short, as yen all know. sup
pose would be the case. that will bring
the army down TO a little less than the
2I0g0 men which the regular army was
! entitled 10 when the war troubles be-
gan.
Senator Hawley' then cited section
of the act of April 26, 1898, which, pro-
vides:
That all officers and men composing
said (volunteer) army shall be discharged
from the service of the United States
when the purposes for which they were
called into service shall have been accom-
tiles Also the provision of the last sec
ton of said act. That ar the end of the
war the army shall be reduced to a peace
basis
He then further said:
Under the provision. as I have said, We
must reduce the army 10 below 1880. and
ii must be done instantly The president
and none of the officers under him would
think of ordering into battle, or indeed,
even into the defenses. the men whose
right TO go home would accrue the mo-
ment the proclamation was issued-the
injustice and cruelty of the situation not
being taken into consideration at all.
There was no dissent in congress to
these views expressed by General Haw-
ley; and they were voiced, it must be
remembered. after the present conflict
in the Philippines was well under way.
And, for the reasons above set forth,
congress at once passed the act giving
the president the right to raise $4,000
men to replace the volunteers,
This latter act of March >, 1899, con-
tanned this provision
That the officers and enlisted men of |
the volunteer army shall be mustered out /
of the military service of the United /
States and discharged. as provided in ,
the act of April -. 1898; provided. that 4
enlisted men of volunteers who desire to I
remain in the military service. either in !
the regular army or the temporary force /
authorized by this act. may. ii found ;
qualified therefor. be transferred TO and !
enlisted in such batteries. troops or COM
panies as may be below the maximum au-
thorized strength. and when so trans
ferred and enlisted. shall be credited on
their new enlistment with the periods of
service rendered by them. respectively.
as voluntf ers; and provided, further, that
the president is authorized to enlist tenn
DOTariiy in service. for absolutely neceS-
sary purposes in the Philippine Islands
volunteers officers and men. individually
or ny organize ton. now i'm those Islands
and about to be discharged provided their
retention shall not extend beyond the time
necessary to rerlaCc them by troops au-
thoriZed to be maintained under the pro-
visions of this set and not bevond a Pc
Rod Of six months.
We have been Informed. @1d%he COW
of the information has never
been questioned. that when TIE proc
amation of peace was issued the vol
unteers were asked to enlist temporar
ly in service under the last proviso
Of the above section. and that less
than per cent of them were willing
10 do so. But notwithstanding their
refusal. they have been ordered by the
president. and the officers under him,
nto battle, thing which General
Hawley said the president would not
-hink of doing. ]
In the words of Lord Chief Justice
1vilmot OF England. IF a man be treat
d as a soldier who is net duly listed
II subject to military discipline. he has
lis action"
But it is suggested that this is not
he proper time to raise the question,
hat to do so may incite these men to
nutiny Those who make this sugges-
ion do not seem to know that the !
-olunteers who have not re-enlisted,
md who are unlawfully detGned ,
gainst their viii, cannot be guilty of
nutiny or desertion. That these Of :
enses can only be predicated of men
Who are regularly enlisted and sub
ect to military discipline. If, now, :
When the wrong is fragrant, the ques-
ion cannot be raised when will be the ,
proper time? viii it be after the men
lave all persisted by disease or in bat
le?
Courts in England and in this coun-
~, too. for that matter. when APP