The seventeenth section related to summary dismissals, and readThat the President of the United States be, and hereby is, authorized and requested to dismiss and discharge from the military service, either in the Army, Navy, Marine Corps, or Volunteer force, in the United States service, any officer for any cause which, in his judgment, either renders such officer unsuitable for, or whose dismis sion would promote, the public service. a

The twenty-second and last section added 1 colonel, 2 lieutenantcolonels, and 9 majors to the Adjutant-General's Department, abolished the grade of captain, and as a further means of promoting efficiency and lessening favoritism, prescribed that all the vacancies in the grade of major should be filled by selection from among the captains of the Army.

For the want of such a law relative to the administrative departments, it is not uncommon to see first lieutenants made majors and paymasters over the heads of all the captains of the Army; second lieutenants in like manner have been made captains and quartermasters over the heads of all the first lieutenants. In such cases promotion has been gained not by any pretension to merit, but by the unscrupulous use of political influence.

MILITIA AND VOLUNTEERS.

The next law, approved July 17, reads like a chapter from the Journals of the Continental Congress during the darkest days of the Revolution. The two military committees which were primarily responsible for military legislation seemed incapable of profiting either by history or their own experience. Trust in the militia and a persistent adherence to short enlistments had bankrupted the Government in the struggle for independence; had led to Harmar's and St. Clair's defeats in the Indian wars of 1791; and more humiliating still, had led to the burning of Buffalo and the destruction of the capital in the war of 1812. To this policy, both impotent and extravagant, Congress again returned a fortnight after the close of the Seven Days' battle, at the very moment, too, that the Confederates were meditating their second advance upon Washington and the Potomac.

The first section of the law, looking to the States, authorized the President to call out the militia for any period not exceeding nine months.

It further provided that "if by reason of defects in existing laws or in the execution of them in the several States or any of them," it should be found necessary to "provide for enrolling the militia and otherwise putting this act into execution," the President should be authorized, "in such cases, to make all necessary rules and regulations," the enrollment to embrace all able-bodied male citizens between the ages of 18 and 45.

The second section prescribed that the militia when called into service should be organized in the mode prescribed by law for the volunteers. A comparison of this law with the Constitution, will show that Congress, in declining to raise its own armies, again needlessly exposed the Government to a grave danger. The appointment of the officers of the militia was, by the Constitution, expressly reserved to the States; nevertheless, if any governors, through negligence or opposition refused to commission the officers, the law encouraged the President to

go over their heads by conferring upon him the fullest authority for enrolling the militia "and otherwise putting the act into execution." The second section, under the constitutional right reserved to the States, implied a new army of raw troops, who, under State laws, could only be commanded by officers elected by their men. The mania for raw troops and short enlistments was not confined to the militia.

The third section, in addition to the million of volunteers previously authorized by law, empowered the President "to accept the services of any number of volunteers not exceeding 100,000, as infantry, for a period of nine months, unless sooner discharged," the said volunteers to receive, on being mustered into the service, one month's pay and a bounty of $25.

While patriotic men were thus encouraged to enlist in new regiments of militia and volunteers for the short term of nine months, the veteran regiments in the field were not wholly forgotten. For the purpose of filling their ranks the President was authorized "to accept the services of volunteers in such numbers as may be presented for that purpose for twelve months if not sooner discharged." These volunteers, who by association with veteran comrades would become the best of soldiers before the date of their discharge, were granted $50 bounty, a sum equal to half the bounty granted in 1861 to the patriot army which enlisted for three years.

The seventh section, for the speedy trial of minor offenses, substituted a field officer's court in place of the regimental and garrison courts-martial, the punishment inflicted by the sentence of a field officer not to exceed that inflicted by a regimental court-martial.

Although late in the day, the ninth and tenth sections authorized the creation of army corps, with a corps staff consisting of one assistant adjutant-general, one quartermaster, one commissary of subsistence, and one assistant inspector-general, each with the rank of lieutenantcolonel; the officers so assigned to be selected by the President from the regular or volunteer forces. Each corps commander was also allowed, on his own recommendation, three aids-de-camp, who also belonged to the corps staff-one with the rank of major, the other two captains-the officers so recommended to be appointed by the President and confirmed by the Senate.

The tenth section also prescribed that the senior officer of artillery of each army corps should, "in addition to his other duties, act as chief of artillery and ordnance at the headquarters of the corps," but gave him no increased rank or command.

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The eleventh section prescribed that all cavalry forces in the service of the United States should be organized into regiments of twelve companies each. The twelfth section authorized the President to organize and "receive into the service of the United States for the purpose of constructing entrenchments, or performing camp service, or any other labor, or any military or naval service for which they may be competent, persons of African descent," the persons so employed to receive, under the fifteenth section, one ration per day and ten dollars per month, three of which might be paid in clothing. Among the resolutions of Congress in 1862, one wisely prescribed: That whenever military operations may require the presence of two or more officers of the same grade in the same field or department, the President may assign the command of the forces in such field or department without regard to seniority of rank. a

June 21, another resolution, national in its bearing, restored the former premium of $2 to any citizen or soldier who should present an acceptable recruit at any rendezvous for the Regular Army.

It has already been stated as an important objection to the State system, that volunteer officers and soldiers might expose themselves and perform deeds of valor for their country, but could not receive the reward of promotion except through the governors of their States. Another resolution of July 12, provided a reward for enlisted men of the army and volunteers in the shape of "medals of honor." The first part of the resolution read:

That the President of the United States be, and he is hereby, authorized to cause two thousand "medals of honor" to be prepared, with suitable emblematic devices, and to direct that the same be presented, in the name of Congress, to such noncommissioned officers and privates as shall most distinguish themselves by their gallantry in action and other soldier-like qualities during the present insurrection.a

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The sum of $10,000 was appropriated to carry the resolution into effect.

Save the one law authorizing the President to seize the railroads and telegraphs, the military legislation of 1862, as compared with that of 1861, shows little or no increase of wisdom. Congress had not yet discovered the value of military training. It exercised the power to support armies, but the power to raise them it conferred on the governors. To its mind the volunteer and State systems meant one and the same thing. The idea still prevailed that the Union could be saved by the voluntary service of its citizens. Patriotism, notwithstanding the lesson of Bull Run, was esteemed above discipline. There was no need of careful instruction. The war would soon be over; and strong in this delusion the views of Congress, more than a year after the fall of Fort Sumter, found expression in a law which, could the President have executed it, would again have intrusted the destiny of the nation to raw troops raised by the States for the brief periods of nine and twelve months.

TROOPS RAISED IN 1862.

Before taking the field in 1862, the Army of 1861, by disease, death, discharge, detached service, and desertion, had been reduced in effective strength to about one-half or two-thirds. Its recruitment, too, had been unfortunately stopped by the order of April 3, which nearly put an end to individual volunteering. The patriotic governors, who, through the system of State and General Hospitals, had been the blind instruments of promoting absenteeism and desertion, were the first to propose a call for more troops. In a joint letter dated the 28th of June, they wrote the President:

* * * We respectfully request, if it meets with your entire approval, that you at once call upon the several States for such number of men as may be required to fill up all military organizations now in the field, and add to the armies heretofore organized such additional number of men as may, in your judgment, be necessary to garrison and hold all of the numerous cities and military positions that have been captured by our armies. All believe that the decisive moment is near at hand, and to that end the people of the United States are desirous to aid promptly in furnishing all reenforcements that you may deem needful to sustain our Government.b

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"Callan's Military Laws, p. 540.

July 1, the President replied:

Fully concurring in the wisdom of the views expressed to me in so patriotic a manner by you, in the commuication of the 28th day of June, I have decided to call into the service an additional force of 300,000 men. I suggest and recommend that the troops should be chiefly of infantry, a

There was not a defect or inconsistency in our military system which the critical year of 1862 did not fully disclose.

So far as the danger to liberty was concerned, the President was vested with all the authority of a despot. He could suspend the writ of habeas corpus, could bring citizens to trial before military commissions and courts-martial, or, declining to give a reason, could shut them within the walls of a fortress till he saw fit to release them.

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While a state of war, under the Constitution, gave the President this power over the personal liberty of the citizens, the law gave him no power to place a citizen in the ranks of the Army. This inconsistency was revealed by the response to the call for 300,000 volunteers. The proposition of the governors was first to call upon the States for such numbers of men as might be necessary to fill up all military organizations in the field, and then "add to the armies heretofore organized such additional number of men" as in the judgment of the President might be necessary. The President, too, probably recognizing the worthlessness of untrained cavalry, recommended "that the troops should be chiefly of infantry.

But the President was not master of the situation. He had been committed by the laws to the voluntary system, based on the cooperation of the States, and was bound to stand by it until it should be abandoned or involve the Government in ruin.

The liberty of the citizen was in the hands of the President, but the destiny of the nation for the time being was in the hands of the citizen. Naturally averse to military restraint a feeling common to all men and too often mistaken for devotion to liberty-the citizen in 1862 could see little or no distinction between the Regular and Volunteer Armies then in the field. He did not stop to think that their officers knew how to lead them to battle and to care for the food and health

of their men. Reports spread by deserters had made the discipline of both appear obnoxious, and to enlist in either, although recruiting parties had been sent back to their States, was scarcely to be thought of.

The former system, therefore, had again to be revived. The old regiments were left to depletion, the governors again granted commissions for recruiting, and, with a success unparalleled in history, a second patriotic army sprang into existence, numbering 421,465 men. In competition with the new regiments, the total number of men procured for the old regiments from the date of the above call till the 1st of December was 49,990."

In the organization of the new regiments we have an additional proof that so long as governors are permitted to issue commissions to volunteers, military merit can never be rewarded. Every State had then in the field hundreds of officers who were qualified by experience to command the new troops, but who were necessarily absent from their States; and no longer exerting political influence at home, their chances for promotion were no better than so many officers of the Reg

a Report of the Provost-Marshal-General, vol. 2, p. 103.

ular Army. Worse than denying them promotion, those who remained faithfully at their posts had the mortification of seeing many worthless officers, who had been dismissed or compelled to resign, come back to the field with increased rank and command.

At this period of the war, no governor could afford to be unpatriotic. The State system of raising troops was a subsidy, not to the people but to their governors. Magnified in their positions, contrary to the express provisions of the Constitution, every facility was granted them for extending their personal and political influence. Besides the military patronage, which deprived the Government of the means of rewarding deeds of valor, they were given also the keys of the national Treasury. Until mustered into service, their power over the new regiments was absolute. General Orders, No. 75, of July 8, issued by the Secretary of War, without quoting the authority of the President, forbade officers to be mustered into the service except "on the authority of the governor of the State to which their regiments belong."

The transportation of all persons traveling under the orders of a governor on business connected with recruiting, was paid by the Government on presentation of the proper vouchers.

The third paragraph of the order began—

Until regiments are organized and their muster rolls completed, they will be under the exclusive control of the governors of the States.

The same paragraph made every contract entered into by the State agents for the subsistence of the troops valid, and directed that they be allowed on condition of being approved by the governors. They could also furnish quartermaster, medical, and ordnance stores, but if not convenient to do this, the fourth paragraph of the order provided:

Where it is desired by the governors of States, the United States officers of the Quartermaster, Medical, and Ordnance Departments may turn over stores to the State authorities, to be issued by them in accordance with the regulations, and accounted for to the proper bureau of the War Department.

The new army raised in this extravagant manner, while the depletion of the veteran regiments was suffered to continue, was organized into 346 regiments of infantry, 44 regiments of cavalry, 12 regiments of heavy artillery, 24 independent companies of infantry, 1 battalion of heavy artillery, and 57 batteries of light artillery.

The attentive reader will not fail to observe that the Government was not merely a slave to the volunteer system in permitting the organization of new regiments. The men enforced a choice in reference to the arms of service. In the Army of 1861 there were 82 regiments of cavalry, which, fully recruited and mounted, would have exceeded 98,000. Notwithstanding this fact, so difficult was it to get horses, that less than five hundred men were fit for effective service during the campaign of the Second Bull Run. It was also reported that in many companies there were not more than five horses which could be got out of a walk. Other nations had proved to their own satisfaction that to make good cavalry required from two to five years, but we did not seek to profit from their experience or even our own.

The Government could not afford to decline any species of troops, and hence when the governors reported that they had raised 44 regiments of cavalry, aggregating in the maximum more than 50,000, it could do nothing less than accept them.

While the failure to recruit the old army and the creation of the