fact with itself, and the
anomaly is presented of an organism in internal opposition. It is the
duty of legislation and constituted authority to harmonize such an
unnatural condition and change indifference into interest, ignorant
neglect into intelligent support. Only in times of strife, like our
late civil conflict, or the wars of 1812 and 1776, does the service
rise to the dignity of an establishment and a recognized power. In
times of peace it is permitted to exist, mainly in skeleton condition,
without organic discipline, because the people have a false idea of its
use and value. State military departments are not administered with
intelligence, and military codes are subject to yearly legislative
amendments without understanding; conditions of enlistment are altered,
generally to the injury of the enlisted soldier, while recruiting for
the uniformed corps languishes from lack of encouragement.
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 generall
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