The Galaxy, June 1877: Vol. XXIII.—June, 1877.—No. 6.Various
General
The Galaxy, June 1877: Vol. XXIII.—June, 1877.—No. 6.
Various
American literature -- Periodicals
It is interesting to follow some of the changes of the New York State
code and their inconsistent applications. For instance, when the law
allowing relief from jury duty and the partial remission of assessment,
to continue during life, was amended to cover terms of enlistment only,
the Adjutant General of the State decided the amendments applied to
prior enlistments, thereby breaking a contract between the State and
enlisted men under the old law. But when the term of service was
reduced from seven to five years, enlistments under the former law were
held for the longer term. It is in such a spirit that all amendments
are interpreted in favor of the State and against the individual.
Fortunately the former provision has been reconsidered, and in a spirit
of compromise relief from jury duty is reinstated in the code for life,
but the abatement of assessments covers only terms of service. The
State considers exemption from jury duty for life a relief, the nominal
abatement of assessments during the service a benefit, and both
together ample compensation to the militiamen. They would be in part,
if immediately available, but the compensation is questionable, as the
duty is generally performed too early in life for those legislative
provisions to be of practical application. The abatement of an
assessment is of little benefit to those who, probably, are without
property till after their terms of service are completed, and the
measure fails by limitation. Fortunately the relief from jury duty is a
life provision, for it generally comes later in life, and after the
militia service is performed. One does not, however, repay the cost of
uniforms and other necessary expenses, nor the other compensate for the
time which the service requires.
The New York State code says: "All able-bodied male citizens, between
the ages of eighteen and forty-five, are subject to military duty," but
also says that minors must obtain the written consent of parents or
guardians to legalize an enlistment in a uniformed corps. Why such an
incongruous distinction between uniformed corps and ununiformed
militia? What right has the code to exact military service from a
person who is condemned by the law as incompetent for citizenship, and
is legally recognized by the law only as a child? And why exact
military service from those who are in the decline of life? There are
many who are physically able to do the duty under the age of twenty-one
and over the age of forty, but they should be regarded as exceptional.
Such service should be voluntary by the individual and optional with
the State.
Spiritual, natural, and physical laws have stamped twenty-one the
minimum age of manhood, and forty the culmination. Why should military
law assume the power to control more?
The young absorb the elements of the future, the old dispose of them;
within these life lines is practical manhood.
Public-domain text, read in full here on John Shaqi.
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