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though its sentence shall be approved by the officer having a revisory power of it, civil courts may, on an action by a party aggrieved by it, inquire into the want of the court's jurisdiction and give him redress." 1

The Navy

The navy of the United States is created and supported under the power of Congress "to provide and maintain a navy." The naval arm of the government consists of the ships of war of various types, the officers and enlisted men, and the docks and navy-yards necessary to the construction and maintenance of the material equipment.2

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There were in the active service of the navy, November 1, 1908, about 1800 commissioned officers, 600 warrant officers, and 40,000 enlisted men, exclusive of the marine corps of 267 officers and nearly 10,000 men. The term of service in the United States navy is four years. Inasmuch as the government is desirous of reducing the number of aliens in the navy, applicants for enlistment must now be American citizens, able to read and write English, and must on entering the service take the oath of allegiance.

The vessels of the United States navy are distributed between the Atlantic fleet and the Pacific fleet, each under the command of a Rear Admiral.

Military and Naval Administration

On the side of the civil administration, the army and navy are under the control of the Department of War and the Department of the Navy, subject always, of course, to the President of the United States, who in time of peace as well as war

1 Dynes v. Hoover, 20 Howard, 65.

On November 1, 1908, there were twenty-five battle ships, twelve armored cruisers, thirty-nine cruisers, including all unarmored cruising vessels of above 1000 tons displacement, sixteen torpedo destroyers, thirty-two torpedo boats, twelve submarines, and eleven coast defence vessels, including smaller battle ships and monitors; and there were at that time building, or authorized, six battle ships, fifteen destroyers, and fifteen submarines. This list does not include vessels more than twenty years old (unless they have been reconstructed and reequipped since 1900), colliers, transports, repair ships, converted merchant vessels or other auxiliaries or other vessels of less than a thousand tons, except the torpedo boats.

is the commander-in-chief of our armed forces. The heads of these departments are usually civilians without practical military or naval experience.

The Secretary of War, appointed by the President and Senate, directs the military establishments of the United States; he has charge of the fortifications, river and harbor improvements, and bridges; he supervises the administration of the Philippine Islands, the construction of the Panama Canal, and the government of the Canal Zone. All matters relating to national defence, sea-coast fortifications, the improvement in the navigable waters of the United States, military education at West Point, and military education of the army, are under his control. He must subject to examination all estimates of appropriations for the expenses of his department and the entire, military establishment, including the purchase of military supplies. He must also scrutinize all expenditures for the support, transportation, and maintenance of the army, and, in addition, all other expenditures which may be placed in his charge.

A great portion of this heavy burden is directly assigned by law to an assistant secretary of war, who has charge of many matters-rivers and harbors, bridges over navigable waters, the recruiting service, courts martial, the militia, etc., and the preliminary questions relating to Cuba and the Philippines. To relieve the Secretary and his assistant, a number of routine duties are vested in a chief clerk.

The vast and complicated business of the military administration in charge of the Department of War is distributed as follows: the adjutant-general records, authenticates, and transmits to the troops and individuals, the orders, instructions, and regulations which go out from the central administration; he also has general charge of the records and statistics of the army. The inspector-general supervises the inspection of the army in all of its branches. The quartermaster-general has charge of transportation, buildings, and supplies, except rations, the purchase and distribution of which are in the control of the commissarygeneral of subsistence. The surgeon-general supervises the medical department of the army. The paymaster-general is charged with the payment of the officers and men of the army and the several employees of the department. The chief of engineers is at the head of the corps of engineers which looks

after the construction and maintenance of forts, military roads, and bridges, and river and harbor improvements. The ordnance department, which provides and distributes the implements of war, is in charge of the chief of ordnance. The means of communication throughout all branches of the army are under the scrutiny of the chief signal officer. The judge-advocate-general is directed by law to receive, review, and have recorded the proceedings of all courts-martial, courts of inquiry, and military commissions; and it is also his duty to give the Secretary of War information and advice on legal questions. The general supervision of the administration on the Philippine Islands is vested in the chief of the bureau of insular affairs.

As a connecting link between the civil administration and the army in the field, Congress created, by an act approved February 14, 1903, a General Staff, to be composed of officers detailed from the army at large under rules prescribed by the President. This staff includes not only general officers (major-general as chief) but also colonels, majors, and captains, thus giving the directing staff points of contact with the rank and file of the army. To keep this body in constant touch with the practical problems of warfare, it is provided that officers detailed to the General Staff may serve in that capacity for only four years at most; and on returning to the army they must remain there at least two years before they can be detailed again, except in time of emergency. The head of the staff is the Chief of the Staff, who acts under the direction of the President and the Secretary of War.

It is the duty of the General Staff to prepare plans for national defence and for the mobilization of the national forces in time of war; to investigate and report upon all questions relating to the efficiency of the army and its state of preparation; to render professional aid to the Secretary of War and to the general officers and their superior commanders; and perform such other military duties, not otherwise assigned by law, as the President may from time to time prescribe. The office of the Chief of Staff constitutes, for administrative purposes, a supervising military bureau in the War Department.

The Navy Department, created in 1798, is in charge of the Secretary of the Navy, appointed by the President and Senate. He is authorized to perform such duties as the President may


assign him, and to superintend the construction, manning, armament, equipment, and employment of vessels of war. is immediately aided by an assistant secretary, and by a chief clerk who has charge of the records and correspondence, and performs other routine duties.

The administration of the Navy Department is distributed among the following eight bureaus, the general duties of each of which are made clear by the titles: navigation, yards and docks, equipment, ordnance, construction and repair, steam engineering, medicine and surgery, and supplies and accounts. There is also in the Navy Department a judge-advocate-general who has, with reference to the navy, duties akin to those performed by the same officer in the Department of War. There is also a commandant of the marine corps, which has a vessel and officers and men on duty at each of the several shore stations of the United States. The whole problem of naval administration is now under critical discussion, and extensive reorganization is being demanded.

To assist in securing and preparing competent men for the army and navy, the United States maintains two institutions of higher learning: the Military Academy at West Point and the Naval Academy at Annapolis. The course of instruction at both institutions is principally mathematical and professional, but it embraces also a large range of additional subjects. The full quota of cadets at West Point is maintained by assigning one cadet to each United States Senator and one to each congressional district and territory (including the District of Columbia, Porto Rico, Alaska, and Hawaii), and forty to the President of the United States, who appoints at his discretion. As vacancies occur, appointments are made, on the nomination of the Senators, Representatives, Delegates, and the President respectively; but these nominees must pass regular examinations testing their preparation for the course of instruction. Midshipmen for the Naval Academy are secured by assigning two to each Senator, Representative, and Delegate in Congress, two to the District of Columbia, and five to the President. Graduates from these institutions are given special advantages in entering active service. Cadets who complete their work at West Point are commissioned as second lieutenants; and midshipmen from Annapolis, on passing their graduation

examinations, are assigned to rank in the lower ranges of the naval service on a basis of their merits.1

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Army and navy officers are appointed by the President and Senate subject to the constitutional limitation reserving the appointment of militia officers to the states. In time of war it has been impossible to secure enough army officers from West Point and the government has been compelled to call men from civil life or from the ranks to fill high places. It has been provided by law that in time of peace army and navy officers may be removed only by court-martial; but in time of war the President may remove summarily. Provision is also made by law for retirement and promotion subject to a certain presidential discretion.

The Conduct of Warfare

As we have seen, the command of the army and navy of the United States is vested in the President. As commander-inchief he may dispose of the armed forces on land and sea in time of war and peace; he may supervise the execution of the military law in the government of the troops; and when Congress has declared war, or the United States has been invaded, he may employ the soldiers and direct their operations, subject to the rules of that branch of international law known as the law of war. The actual conduct of war, of course, varies according to circumstances, but the general principles may be illustrated by reference to the practice during the recent war with Spain. On April 20, 1898, Congress passed a joint resolution demanding that the Spanish government relinquish its authority in Cuba, and directed the President to use our military and naval forces and to call into service the militia to such an extent as might be necessary to carry the resolution into effect. On April 22,

Congress enacted a law providing for the temporary increase of the military force and authorizing the President to call for volunteers; on the same day Mr. McKinley, acting under the joint resolution of April 20, established a blockade over certain Cuban ports, the American fleet having already been ordered to Havana. The next day, April 23, the President issued his

There is a Naval War College at Newport and an Army War College at Washington at which selected officers study special war problems. 2Above, chap. x,


Readings, p. 312.

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