523 CHAPTER XXX. SITUATION AT HOME IN WAR. TRANSPORT OF TROOPS OVER SEA. 1. Laws with reference to Preparation for War. THE powers of the Executive with regard to the mobilization of the forces are fixed by statute. In the preceding chapter the principles governing our arrangements for mobilization and for war have been set out. It is now proposed to give a brief résumé of the laws under which these arrangements can be put in force. The military forces of the country may be divided into three great categories-the first line, the second line, and the third line. The first line is available for services in all quarters of the globe. The second line is available only for home defence, and for garrisoning certain foreign stations. The third line is available only for home defence, and can for the most part only be called out when the United Kingdom itself is in danger of attack. The regular forces form the first line. To bring the regular forces to a war footing, the 1st class army reserve is in the first place available. Under the Reserve Forces Act, 1882 (s. 12), this can be called out by "proclamation" in case of imminent national danger and of great emergency. The militia reserve is also available, and can be called out under the same section of this Act and under the same conditions; it then becomes part of the regular army, and is liable to serve at home and abroad. When the militia reserve is called out for service with the regular forces, the militia is 1 See pp. 132 and 524. deprived of a large portion of its strength, so that in certain cases which might arise, it might be inadvisable to call upon this secondary reserve to join the regulars. But by law the militia reserve, as well as the standing army and the army reserve, is available for carrying on a war outside the United Kingdom, if the war be on such a scale as to constitute a national danger. Except in case of imminent national danger and great emergency, the standing army alone is available for prosecuting a campaign outside the limits of the United Kingdom. It will be convenient to give here the probable course of the procedure when reserves are called out. When in the opinion of the War Office mobilization appears imminent, general officers commanding at home and abroad, and officers commanding reservists would be duly warned, in order that they should carry out any preliminary measures necessary. Before a mobilization can take place the Cabinet will of course have arrived at a decision that the military forces of the country should be placed on a war footing-that, in fact, a situation has arisen which may be termed one of imminent national danger and of great emergency." The Cabinet will also have decided whether the circumstances are such as to demand the calling out of the whole of the reserves, or only of a part. The War Office will be immediately notified of the decision of the Cabinet, and the Permanent Under Secretary will despatch a letter (a draft of which is kept ready for signature) with the necessary proclamations attached, to the Clerk of the Privy Council with the object of obtaining approval to such proclamations. The "Reserve Forces Act" then empowers Her Majesty in Council by proclamation, the occasion being first communicated to Parliament if sitting, or declared in Council and notified by proclamation if Parliament is not sitting, to order the army reserve and militia reserve or either to be called out for permanent service. When approval has been obtained to the proclamation, which would be a matter involving, probably, a delay of only a few hours, orders will be issued to general officers commanding and to the officers commanding reservists to mobilize, and the former will immediately inform officers commanding units. Officers commanding reservists will arrange with municipal and parochial authorities, that the proclamations shall be posted without delay in all public places, on the doors of town halls, churches, chapels, police barracks, on the gates of military barracks, and in the windows of post offices. A supply of posters is always in the hands of the officers commanding regimental districts, for this purpose. Officers paying reservists will despatch at once to the last address of reservists Army Form No. 463 (notice to join), to which is attached a postal order for 3s. A railway and passage warrant will also be sent. It is under consideration at present whether it is desirable to include also a railway and passage warrant, in one form with the notice to join and postal order. On the reservist joining the depôt he will first be medically examined, and, if passed fit, be settled up with by the officer paying reservists. He will receive his clothing and the greater part of his necessaries at the depôt. He will then be either drafted to the battalion to fill it up to war establishment and in such case will on arrival at his battalion receive his arms, accoutrements, and a few special necessaries, or he will remain at the depôt, perhaps to form with other surplus reservists the cadre of a new battalion, perhaps to replace casualties. The militia forms the second line. Under the Militia Act, 1882, sects. 18, 19, this part of Her Majesty's forces may be embodied by proclamation under the same circumstances as the army and militia reserves can be called out, i.e., in case of imminent national danger and of great emergency. But when embodied, the militia is not (excepting the militia reserve) liable to serve abroad, although they may volunteer for service in the Channel Islands, Isle of Man, Malta, and Gibraltar. The militia is thus available for the defence of the United Kingdom, and may be available for the defence of the above-named stations outside its limits, but cannot be employed on a foreign campaign. The militia has, as has been shown in the preceding chapter, its place in the field army for home defence, as well as in performing garrison duties. In case of foreign war, the object of the militia is to replace the regular forces in garrisons at home and certain garrisons abroad, enabling these to be sent to the seat of war. The yeomanry and volunteers form the third line. These troops are available only for the defence of Great Britain. The yeomanry" can be called out whenever the militia is embodied, i.e., in case of imminent national danger and great emergency; but they cannot be employed outside of Great Britain. The law as regards the volunteers is, that all or part of them can be called out by proclamation in case of actual or apprehended invasion of any part of the United Kingdom; but they are not available for service out of Great Britain. Thus the yeomanry can be called out for home garrison duty in case of a foreign war, but the volunteers cannot. Neither can be employed in defence of Ireland, even should that part of the United Kingdom be invaded, although they could be employed on garrison duty in Great Britain in such a case. For the defence of Great Britain therefore all categories of Her Majesty's forces are available. For the defence of Ireland the regulars, including the army reserve and militia, are available; the volunteers and yeomanry are only in so far available that they can be called out, and can take the places of regulars and militia sent from Great Britain. To meet the case of a foreign war of importance, only the regulars and the army and militia reserves are available; but the militia can be embodied to garrison the United Kingdom and (voluntarily) the Channel Islands, Isle of Man, Malta, and Militia Act, 1882, sect. 12. 2 National Defence Act, 1888, sect. 2. Gibraltar; the yeomanry can also be called out, and the militia and yeomanry may thus liberate the regular forces from garrison duty. For a foreign war of minor importance not involving imminent national danger and great emergency, only the standing army can be employed.1 Having given a sketch of the law as regards the bringing the military forces of the country to their war footing, it will not be out of place to briefly explain the state of the law with regard to the acquisition of land, &c., for military purposes, and also to the requisitioning of civilian transport. The powers of the executive with regard to railways are given later under the head of "Railway Organization." The Secretary of State for War is empowered to purchase and hire lands, buildings, &c., and especial statutes exist for simplifying the transfer of the property in such cases. In the event of an owner declining to part with land, &c., required by the War Department, he can, under the provisions of the Defence Act of 1842, after due notice, involving some delay be compelled to do so by a warrant under the hands of the Lords Commissioners of the Treasury, the expediency of the transfer having been certified by the Lord Lieutenant, or by two Deputy Lieutenants. Should an invasion of the United Kingdom have taken place, the Secretary of State is empowered after due notice to take lands, buildings, &c., without the consent of the owner, and without any warrant. The effect of these enactments is, that land can always be obtained but only after some delay. No country maintains in peace time the full complement, or anything approaching to the full complement, of transport which its armies will require on mobilization. On the Continent, the liability of owners of transport to having it requisitioned by the military authorities in time of war, is almost invariably authorized by law. In this country the requisitioning of transport for military purposes is not sanctioned by statute except in case of emergency. In the 1 Together with volunteers from the reserve as shown on p. 116. |