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But, while this is all true, it can hardly be expected that the National Guard will ever again be called upon under similar conditions. Its present organization, its real relations with the United States Government; our so-called camps of instruction, where tents are pitched, sinks dug, food cooked and served for the men; the methods of discipline, the retaining, from sentimental motives, which would in some cases be praise-worthy if the consequences were not likely to be serious, of officers and men who have grown old in the service of the State and their country, or who have become physically disqualified for active duty in the field-these and other considerations, including the fact referred to in the early part of this communication that officers and men of the so-called National Guard, as now constituted, are simply mustered in to serve the State, render the calling out of the National Guard for a foreign war impracticable and unfair. This was the position taken by Maryland, through its proper representative, at the beginning, as hereinbefore set forth, and events justified the apprehension then entertained.

One difficulty about Volunteer Regiments when first called into service is that neither officers nor men, as a rule, have learned to take care of themselves. The least and last thing a soldier has to do is to fight. Any man with ordinary intelligence can learn drill and some tactics, and any ordinary man will fight upon provocation, especially if he have company. The primary duty of an officer is himself to learn and to teach his men how to care for their bodies and their morals in camp, so that when the fighting time comes they may be in that state of physical health and moral vigor which steadies the nerves and otherwise makes a man feel like a man. If any intelligent man of business who takes up military studies and drill for a few hours a week, with a view of qualifying himself to be an officer, is as fit to command and have charge of men as an army officer, or, if an enlisted man in the National Guard is "as good as a regular," then the government would as well close West Point and disband the regular army.

After the return of one of the regiments there was much agitation of questions growing out of the peculiar conditions and the results attending this calling out of the National Guard for the service of the United States. Letters were written and published in the newspapers, and opinions were freely given. This agitation proceeded mainly, it is fair to assume, from ignorance of the provisions of the Acts of Congress referred to in the early part of this communication, and, in some cases, from want of knowledge of our own laws and military regulations. Circular No. 3, promulgated on October IO, 1898, while provoking some adverse criticism based upon an entire misapprehension of its purposes, practically set this agitation at rest. This circular, while containing quotations from the United States law, the constitution

and laws of this State and military regulations, was, for the most part, in the nature of an opinion as to the status during and after service in the Volunteer Army of the United States of those who were National Guardsmen at the time of muster in, and as to the status after muster out of those who were not National Guardsmen. The position taken on two points at least was afterwards affirmed by opinions rendered by competent authority elsewhere. The Solicitor-General of the United States, in an opinion approved by the Attorney-General of the United States, decided that General Harries, the Brigade Commander of the District of Columbia National Guard, did not forfeit his commission as Brigadier-General or his right to issue orders to the National Guard of the District as such BrigadierGeneral in consequence of being commissioned by the President as Colonel of the regiment which entered the United States service even while still holding this provisional commission. In New York it was thereafter held that an officer in one of the National Guard regiments which volunteered for the Volunteer Army of the United States might be court-martialed by State authority after muster out for offenses committed while in the service of the United States, and that a State Court of Inquiry could investigate the entire course of conduct of the commanding officer and other officers of a National Guard regiment while in the United States service.

No charges were preferred against any officer or man of the Maryland National Guard after muster out of the United States service in the late war.

After other matters had been disposed of in the fall of 1898 a plan, before that long considered, was sought to be put in operation by which, it was believed, the State organizations could be very nearly assimiliated to organizations in the regular military establishment of the country; but there was such violent opposition to this, it was adjudged to be so out of the course of anything that ever had been done before in Maryland, there seemed to be so pronounced a sentiment in certain quarters that each organization should remain, in some sort, a law unto itself, that the plan was abandoned after the publication of one regulation.

Still, pride in the organization on the part of its members is to be commended. It has influenced our organizations in the past to do the State good service, and it will in the future. That these organizations have survived the processes of the disintegration which was threatening them during and after the trying ordeal through which they recently passed, is not due so much to the orders preserving their integrity and unity as to this very pride of organization and loyalty to the State service which have stimulated the work of officers and men.

I cannot too strongly commend the valuable services of General Riggs, the Brigade Commander, of General Mumford, the

Inspector General and Acting Quartermaster General, and of Commander Emerson, Commanding the First Naval Battalion, for their faithful and efficient work during the late war and throughout the whole of this State administration.

I must express my appreciation for the invariable courtesy and consideration shown me by the officers of the War Department and all other Army officers with whom I was brought in contact during my limited tour of special duty.

In conclusion, I beg leave to submit the two following recommendations as to amendments of the Militia Law:

(1.) In order that officers who have long and faithfully served the State may retain their rank and their uniforms without being required to perform active duty, except in certain emergencies and within the limit of their ability, and that all doubt as to the retiring of officers shall be removed, I respectfully recommend that amendment to the law be made providing for the retirement of such officers upon their application.

(2.) As there is present provision in the Militia Law by which enlisted men may be honorably discharged upon application and dishonorably discharged after court-martial, I respectfully recommend that further provision be made for the discharge of enlisted men "for the good of the service."

As I am about to resign the office of Adjutant General to accept an office conferred upon me by the suffrages of the people of my county, I desire to thank the present Governor for the confidence implied in his original appointment of me as Adjutant General, and in his subsequent special commission to me as Commanding Officer and his representative during the late

war.

And being thus about to sever relation with the military establishment of the State, which commenced in eighteen hundred and seventy-seven, I beg leave, through this communication, to express my steadfast regard and lasting good will for the officers and men of the Maryland National Guard, earnestly hoping that they may remain loyal to their State and to their organization, and that they may always endeavor to maintain a high standard of discipline and efficiency.

Very respectfully,

L. ALLISON WILMER,
Adjutant General.

FISCAL REPORT.

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