The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1903-04-29
The New Militia Act.

The New Militia Act.
The contention is made that the
militia have no choice as to the accep-
tance of the new Militia Act-at least
| that those organizations have not that
have hitherto accepted their share OF
Federal appropriations.
It is our understanding that the
Federal Government does not take
that view Of the matter, but that it IS
left to the several States to accept or
reject the terms of the new Act. they
being given until January l, 1904, to
decide.
whatever view, however, the Federal
Government may take Of the case, It
is certain that Congress cannot change
the terms under which men enlisted
and bind the men by those changed
terms. That would be expost facto
legislation, and expost faeto legislation
is, fortunately, not fashionable IN this
country, and moreover conflicts With
little document known as the United
States Constitution. For, If Congress
can change the terms under which the
men enlisted in one particular, ane
bind them thereby, it could change
them in any and every particular, ano-
it would have been competent for COL
eress to convert the militia into regu-
lars for the term of their enlistment.
and even to lengthen the term OF en-
listment itself. That is clearly beyond
the power Of Congress.
Accordingly We think it may be taken
as settled that neither the Federal nor
State Government can dragoon the
militia as now organized into the ac
ceptance of the new Act.
There is one danger, both for the
State and the Individual militiaman
in the acceptance OF the terms OF this
Act, to which we would direct attec-
tion.
The feature of the bill that may well
give the militiaman pause IS to be
found in Section s. This section pro-
yides that any officer or enlisted man
of the militia who is Court-nartlaleo
shall be tried before Court composed
stof militia officers" !" But it does not
provide that the accused shall be tried
before a Court composed Of the militia
officers of his own State. The conse
ouence, therefore, is that any officer
or enlisted man in the Virginia militia
is liable to be tried by Court-martial
composed of officers of the Pennsyl
yania. New York or Massachusetts,
militia. How would an officer or en-
listed man of the Virginia militia enjoy
being hauled before Court-martial
of Massachusetts, officers for failure to
salute some negro officer at one or the
annual encampments with the regu-
lars, that a benefcent and paternal
Government has arranged for in this
Acts We particularly commend this
contingency to the consideration OF
some of the militia officers who are 50
warm in their advocacy OF the ne9
law.
militiaman takes Now what of the
State?
It is conceivable that circumstances
might arise in which militia CON-
pany or regiment, in Southern State
at least, might refuse to obey an order
issued by the President A similar
thing happened in South Carolina
when Tillman was Governor. The
captain of a militia company tore of
his badge Of rank and threw it, with
his SWORD, contemptuously on the
ground before the eyes Of mis- men.
Suppose an officer and his men should
similarly refuse to obey an order OF
the President in Virginia or any other
Southern State. Suppose further that
a Court martial composed Of Pennsyl-
yania militia officers was called to Try
the offenders. Does any sane man oe-
lieye that the men would submit tame
ly TO the jurisdiction of the Court?s
# not. what would follow? Either
regulars or militia from some other
State would be sent to arrest the recall
citrant militiamen, with the certain
result that bloodshed would follow.
Is this contingency remote? Is it
likely that, in cause clash between the
races should occur, the white militia
would obey an order that would neces-
state their taking hand against
their own race? We do not believe it,
and their refusal to do so would afford
a frst-class opportunity for the begin
ming of q conhagration whose begin
nlng is easier to conjecture than IT'S
end.
The acceptance of the terms of this
new Militia Act by any State is folly.
It's acceptance by any Southern State
(! is sheer madness. That the new Act
will be accepted by the State of Vlr-
einia, or by the militiamen, when It's
terms are understood, we do not for
a moment believe-Norfolk. Va,
/ Pilot.
Columbus, Ohio, April 26.-Fire
early today destroyed the Brunson and
Union Clothing Company's buildings
at High and Long streets, and several