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The value of time, too, is greater in cities than in the country, and many, on this account, find it for their interest to pay their fines, rather than to do duty. But we shall touch upon this point hereafter under another head. Suffice it for the present, that through this and other causes of the same tendency, the militia loses the respectability and tone, which the presence of men of standing and pride would give it. Shame is of all things most ruinous to military spirit and excellence. In peace, the rewards of this excellence must be found chiefly in show and appearance; but in cities, and with the standing companies, the show is all a failure,-the appearances all disgraceful. Nobody's pride, we venture to say, is gratified.

We proceed now to say something of those causes of the decline of the militia, which, for the sake of distinction, we have called artificial. Our meaning by this term is, that these causes have originated in the laws and practices of some one or more of the states, and not in the condition of the people. There are peculiar difficulties to be encountered in the very outset, from the variety in the laws prevalent in the different states. It would be altogether improper and unprofitable, in a publication designed for general readers, and those too of all sections, to go into the details and distinctions of each state-law; and, on the other hand, equally unprofitable to give nothing but barren generalities. We shall endeavor, as well as we can, to steer clear alike of Scylla and Charybdis; not professing, of course, to enumerate all such causes, chiefly those, which have come under our own observation or within our hearing.

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There are two general plans or systems, after which most of the systems of the several states, in their most important particulars, seem to have been framed. These will furnish us with a foundation for those remaining observations, which we wish to submit upon this subject. One of them provides merely for the organization and equipment of the militia; the other adds to these requirements some degree of discipline. According to the first, the soldiers are required to meet once each year, and present their arms for inspection; according to the second, they commonly meet three or four times in the year, and are drilled and trained, as well as inspected, by their officers.

We shall first consider that system, which provides only for the organization and equipment of the militia. As is well known, Congress have only made a law upon this subject of the most general character; providing only for the enrollment of all within certain ages, excepting the principal civil officers of the federal government, and such other exemptions as the states shall make. The several states have, therefore, made such additional laws as they thought proper. In many of them, the legislatures, willing to relieve their people from what was esteemed a burden, however necessary it might be, have in fact allowed all discipline to be dispensed with. A more important step could not have been taken, so far as the interests of the militia are concerned. We in fact consider the militia, in those states where this principle has been adopted, as almost a nullity. What, indeed, is the real worth of that which has been retained? The men are, it is true, divided into companies, regiments, and brigades. Regular lists of the usual officers for each of these divisions are either elected or appointed, and the soldiers, or rather privates, (for they cannot be called soldiers,) have arms

either of their own, or borrowed property, which they annually exhibit for inspection and a pretended approbation; and this is all. It may be a little better than nothing; for, through these officers, a channel of communication is kept open between the government of the state and its militia. If a company or regiment were ordered out in full, there would be somebody already appointed to the command, and this would be worth something, as it would prevent bickerings and rivalry. But here we stop these officers would know nothing of their duty; would never have manœuvred a company, and, of course, not know how to do it then; would have never executed the evolutions ordered by their superior officers, and could not then do it, nor would have ever learned the meaning of those technical terms, in which military orders are expressed. And if, at some school or encampment for officers, they had been taught these things theoretically, they would be ill able to apply them to practice on a battle-field. Substantially the same would be the case of the soldiers. They would have guns in their hands, and would know the names of their officers; and that would be all. They would not know the meaning of those terms in which officers give directions, and, from utter inexperience, could not make a single movement in a body without confusion. We say, then, that under such a system, the militia is almost a nullity.

Neither are its ill effects confined to those states which have adopted such a system. They spread into others, filling the people with discontent, and stirring up a thousand murmurs at the unequal and oppressive burdens their legislatures impose upon them. Then, these legislatures are obliged, by the force of popular feeling, to relax, in whole or in part, the rigor and efficiency of their own systems, although against their better judgement. So at last many suffer for the folly of a few. We shall not enlarge upon this topic, as our purpose is not to prove or portray the present degradation of the militia, but to elucidate the causes which have produced it. We regard it, however, as a practical abandonment of the great principles on which all militias are and should be founded; but it would be of little avail to ring the changes upon the evils, present and future, which are likely to follow from it. If people cannot see what is palpable to all, but blind or heedless observers, they must wait till the great teacher, Experience, sharpens their vision.

But many of the states have followed, in the formation of their laws, the other general plan to which we alluded, namely, that which undertakes to discipline and instruct, as well as organize and equip, the militia. In them, as might have been expected, the militia is not quite so low and wretched as in the others, and yet far from being what it ought to be. The principal idea of their plan was correct, and, therefore if they have failed to accomplish what was desired, it must be attributed to the filling up, as it were, of the system, to defects in the mode of reducing the leading idea to practice. To some of the most important of these we invite the attention of the reader; of course, they will not be found of universal application, but affecting, some one section or state, and some another.

One of the most efficient of them has been the system of exemptions, the number of which has been very great. We have already remarked, that the general law of Congress, exempts the chief officers of the general government from service in the militia, and gives to each state

the right to add to these, such as it shall see fit. Accordingly, in most of the states, the officers of the several departments of the state governments, together with those whose occupations and pursuits were thought to give them peculiar claims to indulgence, have been, for the most part, exempted; and in many, where several days' service is annually required, the elder part of those within the prescribed age, have been likewise exempted on the condition of paying a small commutation. These last are a very numerous body. The period of service, according to the general law of Congress, is from the age of eighteen to forty-five; and, in those states where this practice obtains, it is usual to exempt all above the age of thirty or thirty-five. It would not be easy to ascertain the exact number of those thus exempted, on account of age, office, or occupation; but, we may safely say, they form at least about one half of the whole enrollment. Some of the evils, which have flown from this source, we will endeavor to point out. They have been most injuriously felt in the country. The population there is comparatively thinly-scattered, and the companies must, therefore, be either small in number, or else include so large an extent of territory as to make it burdensome for the soldier to travel to the training-field. The exemption of one half, at least, and at one blow, as it were, has been, in this respect, a great evil. A single company contains so few members, that all spirit and military pride is extinguished; both officers and men are alike ashamed to appear in public. All those motives which operate most strongly in the mind of the soldier are destroyed. A soldier, that hangs his head, will never be seen on a parade-field when he can help it; and he, who does not expect to make part of a public exhibition, will seldom take much pains to be well drilled. The influence of these things has been extensively felt in the country. In many instances it has been impossible to find proper officers; and, in many more, impossible to induce them to accept. The reason of it is plain. To hold a militia office is no longer an honor but rather a disgrace. At any rate the officer, whatever may be his qualifications, never escapes ridicule. If his own deportment be unassailable, that of his soldiers is always open to attack. Accordingly, the Adjutant-General of Massachusetts, in his last Report, informs us that a large number of companies in the country are entirely destitute of officers.

There are other evils that attend this system of numerous exemptions. It will be perceived, from what we have said, that, among those exempted, a considerable proportion belong to the more refined classes of society, as they are sometimes called; the members of the learned professions seem to be peculiarly favored, in this respect, with the exception, perhaps, of lawyers. This circumstance has, in our opinion, caused no little injury to the militia system. It has, of course, removed all these from the ranks, and prevented whatever they might have done, toward maintaining the respectability or raising the character of the militia body. Nor is this all. It has occasioned more soreness of feeling, perhaps, than every thing else connected with the system. People saw, or rather thought they saw, which is much the same thing, an attempt to impose the burdens of defence upon the poorer and less genteel classes of the community. It was, no doubt, a mistaken idea; but as it was honestly entertained, its effects were

nearly as bad as if it had been correct. It is this notion which has gained attention for the multiplied attacks which have of late been made upon the whole system, as well as given virulence and personal feeling to those attacks themselves. There is no necessity for giving any color to such a notion. If there are any officers, who could not, with convenience or propriety, appear in the ranks, let them pay an equivalent. This would make all right and satisfy every body.

This view, in regard to the great number of exempts, we are anxious to press upon the attention of the reader; for we think it one of great importance, and yet one which is little considered. There is nothing which excites more dissatisfaction, in the mind of the militia-man, than to see, at every muster or training, a concourse of spectators many times outnumbering the whole body of soldiers. He cannot bring himself to believe that all is right and equal, where so many are free from burdens which he has to bear, and which he is taught to consider a universal duty. We do not mean to assert that there is any thing wrong, or, at least, any thing of much importance; we only wish to have it understood that every appearance of unfairness should be avoided. Some, we know, are in the habit of representing militia service as a privilege or boon instead of a burden. We do not agree with them at all. In some foreign countries, where tyranny dares not entrust to its subjects the means of defence, we dare say those subjects would esteem it a privilege of great value to be allowed to keep arms. But the situation of our people is very different; and, consequently, all reasoning drawn from the opinions and feelings of the people of such foreign countries must be fallacious and deceptive. Besides, to go through the formal, tedious drillings of a militia training, and to keep fire-arms and use them at one's pleasure are very different things. Neither will the vanity of exhibiting one's self upon a parade-field, nor the love of military exercises, ever transform militia service into a pleasure, except, with a small portion of the people, and these are the proper members of volunteer companies, and none others. It may lighten, but will never change the nature of the burden. Those who think to tickle the fancies of our working-men, by holding up such an idea, have much mistaken their character. No doubt, you may occasionally find a silly, inflated officer, prouder of the plume that waves over his head, or the epaulet that glitters on his shoulder, than of good sense and honesty, who may be caught by such a bait. But the great majority always will and must regard service in the militia as a burden, but yet one which they are willing to bear, in common with other citizens, whenever and wherever patriotism may require. Let, then, no apparent distinctions be made which might wound an honorable self-respect. They will not be quietly borne.

Another cause, which has had an extensive influence upon the character and standing of the militia, especially in the cities, is, the system of "fine membership." The laws of most states have made provision for volunteer companies; those who are members of them are free from duty in the standing or common militia companies. But it is not required that these members should do active duty. They join the volunteer companies with the understanding that they are to pay the fines imposed by law for absence from standing companies, and are thence familiarly

VOL. VII.

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known by the name of "fine members." It has been asserted, though we do not vouch for the truth of the assertion, that, in some cases, captains have compounded with these members for a sum much less than the regular fines. If it ever has been done, it was a gross violation of duty. These fine members are very numerous. Some have been induced to become such, perhaps, by the hope of having part of their fines remitted; but most by fashion and pride. The volunteer companies are composed, for the most part, of the more wealthy or the more fashionable classes; and this, of course, draws to them all those, who, holding a more equivocal position in society, are extremely anxious to be considered of the first rank. This effect has been constantly increasing, for a number of years, till at last there is scarcely a single private in any standing company of the great cities, who is not, by occupation, a manual laborer: indeed, there are but very few officers who are not of the same class. In the cities, and in large business towns, where one of the chief objects of ambition is to be admitted and received in what is called good society, this has an immense influence. The consequence is, that the number of men of standing and substance in the common companies, is very small; of educated men, absolutely none at all. These companies are often badly officered, and always badly disciplined. Few have sufficient leisure, military taste, and spare money, to induce or permit them to become active members of the volunteer companies; the great mass of middling and wealthy people, therefore, become "fine members," and between the law on the one hand, and their own pride on the other, are taxed twelve dollars a year, (or whatever may be the amount of the penalty) in the shape of fines, nominally, for the support of the militia, but really, for the support of the volunteers. This is a sum, which young men, with nothing but their heads and hands for a fortune, (and these are a majority,) are ill able to pay. But this is the source from whence the revenues of the volunteers flow, and by means of which they are enabled to maintain their great ostentation and parade, and to pay their enormous expenses for music, and sometimes for entertainments. But the effect of this upon the militia in general is most pernicious. The standing companies are without discipline, and without character; nearly half of the citizens of the proper age and qualifications do no duty at all; while the volunteers, who have but few active members, are alone well disciplined. Nor is this all; a sentiment unfavorable to the militia spreads from the city to the country, and makes the institution itself universally unfashionable and unpopular. Its influence is felt at the present moment, and it is by no means unlikely, that, in the course of a few years, the volunteer companies will themselves be its victims.

Another cause, which has had a very unfavorable influence upon the militia, is, the difficulty of collecting the fines, which the laws impose for the violation of its requirements. No one, not conversant by actual experience, can adequately feel the weight of this difficulty. A breach of the militia statutes is regarded, in law, somewhat in the light of a criminal offence, and the practice of the courts (we refer particularly to Massachusetts in this and subsequent remarks, but suppose the case to be the same in others) requires the prosecution to be conducted with nearly the strictness of an indictment. The process of enrollment must be performed with as much exactness and even as much atten

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