CHAPTER LV.

MILITARY ACADEMY.

The small military establishment of the United States seemed to be

almost in a state of dissolution about this time, from the frequency

of desertion; and the wisdom of Congress was taxed to find a remedy

for the evil. It could devise no other than an increase of pay to

the rank and file and non-commissioned officers; which upon trial,

was found to answer but little purpose. In an army of 6000 the

desertions were 1450 in the year; and increasing. Mr. Macon from his

home in North Carolina, having his attention directed to the subject

by the debates in Congress, wrote me a letter, in which he laid his

finger upon the true cause of these desertions, and consequently

showed what should be the true remedy. He wrote thus:

"Why does the army, of late years, desert more than formerly?

Because the officers have been brought up at West Point, and

not among the people. Soldiers desert because not attached to

the service, or not attached to the officers. West Point cadets

prevent the promotion of good sergeants, and men cannot like

a service which denies them promotion, nor like officers who

get all the commissions. The increase of pay will not cure the

evil, and nothing but promotion will. In the Revolutionary army,

we had many distinguished officers, who entered the army as

privates."

This is wisdom, and besides carrying conviction for the truth of

all it says, it leads to reflections upon the nature and effects of

our national military school, which extend beyond the evil which

was the cause of writing it. Since the act of 1812, which placed

this institution upon its present footing, giving its students a

legal right to appointment (as constructed and practised), it may be

assumed that there is not a government in Europe, and has been none

since the commencement of the French revolution (when the nobles

had pretty nearly a monopoly of army appointments), so unfriendly

to the rights of the people, and giving such undue advantages to

some parts of the community over the rest. Officers can now rise

from the ranks in all the countries of Europe--in Austria, Russia,

Prussia, as well as in Great Britain, of which there are constant

and illustrious examples. Twenty-three marshals of the empire rose

from the ranks--among them Key, Massena, Oudinot, Murat, Soult,

Bernadotte. In Great Britain, notwithstanding her Royal Military

College, the largest part of the commissions are now given to

citizens in civil life, and to non-commissioned officers. A return

lately made to parliament shows that in eighteen years--from

1830 to 1847--the number of citizens who received commissions,

was 1,266; the number of non-commissioned officers promoted, was

446; and the number of cadets appointed from the Royal Military

College was 473. These citizen appointments were exclusive of those

who purchased commissions--another mode for citizens to get into

the British army, and which largely increases the number in that

class of appointments--sales of commissions, with the approbation

of the government, being there valid. But exclusive of purchased

commissions during the same period of eighteen years, the number

of citizens appointed, and of non-commissioned officers promoted,

were, together, nearly four times the number of government cadets

appointed. Now, how has it been in our service during any equal

number of years, or all the years, since the Military Academy got

into full operation under the act of 1812? I confine the inquiry

to the period subsequent to the war of 1812, for during that war

there were field and general officers in service who came from

civil life, and who procured the promotion of many meritorious

non-commissioned officers; the act not having at first been

construed to exclude them. How many? Few or none, of citizens

appointed, or non-commissioned officers promoted--only in new or

temporary corps--the others being held to belong to the government

cadets.

I will mention two instances coming within my own knowledge, to

illustrate the difficulty of obtaining a commission for a citizen

in the regular regiments--one the case of the late Capt. Hermann

Thorn, son of Col. Thorn, of New-York. The young man had applied for

the place of cadet at West Point; and not being able to obtain it,

and having a strong military turn, he sought service in Europe, and

found it in Austria; and admitted into a hussar regiment on the

confines of Turkey, without commission, but with the pay, clothing,

and ration of a corporal; with the privilege of associating with

officers, and a right to expect a commission if he proved himself

worthy. These are the exact terms, substituting sergeant for

corporal, on which cadets were received into the army, and attached

to companies, in Washington's time. Young Thorn proved himself to

be worthy; received the commission; rose in five years to the rank

of first lieutenant; when, the war breaking out between the United

States and Mexico, he asked leave to resign, was permitted to do

so, and came home to ask service in the regular army of the United

States. His application was made through Senator Cass and others,

he only asking for the lowest place in the gradation of officers,

so as not to interfere with the right of promotion in any one. The

application was refused on the ground of illegality, he not having

graduated at West Point. Afterwards I took up the case of the young

man, got President Polk to nominate him, sustained the nomination

before the Senate; and thus got a start for a young officer who soon

advanced himself, receiving two brevets for gallant conduct and

several wounds in the great battles of Mexico; and was afterwards

drowned, conducting a detachment to California, in crossing his men

over the great Colorado of the West.

Thus Thorn was with difficulty saved. The other case was that of

the famous Kit Carson also nominated by President Polk. I was not

present to argue his case when he was rejected, and might have done

no good if I had been, the place being held to belong to a cadet

that was waiting for it. Carson was rejected because he did not come

through the West Point gate. Being a patriotic man, he has since led

many expeditions of his countrymen, and acted as guide to the United

States officers, in New Mexico, where he lives. He was a guide to

the detachment that undertook to rescue the unfortunate Mrs. White,

whose fate excited so much commiseration at the time; and I have the

evidence that if he had been commander, the rescue would have been

effected, and the unhappy woman saved from massacre.

This rule of appointment (the graduates of the academy to take

all) may now be considered the law of the land, so settled by

construction and senatorial acquiescence; and consequently that

no American citizen is to enter the regular army except through

the gate of the United States Military Academy; and few can reach

that gate except through the weight of a family connection, a

political influence, or the instrumentality of a friend at court.

Genius in obscurity has no chance; and the whole tendency of the

institution is to make a governmental, and not a national army.

Appointed cadet by the President, nominated officer by him, promoted

upon his nomination, holding commission at his pleasure, receiving

his orders as law, looking to him as the fountain of honor, the

source of preferment, and the dispenser of agreeable and profitable

employment--these cadet officers must naturally feel themselves

independent of the people, and dependent upon the President; and be

irresistibly led to acquire the habits and feelings which, in all

ages, have rendered regular armies obnoxious to popular governments.

The instinctive sagacity of the people has long since comprehended

all this, and conceived an aversion to the institution which has

manifested itself in many demonstrations against it--sometimes in

Congress, sometimes in the State legislatures, always to be met,

and triumphantly met, by adducing Washington as the father and

founder of the institution.--No adduction could be more fallacious.

Washington is no more the father of the present West Point than he

is of the present Mount Vernon. The West Point of his day was a

school of engineering and artillery, and nothing more; the cadet of

his day was a young soldier, attached to a company, and serving with

it in the field and in the camp, "with the pay, clothing, and ration

of sergeant" (act of 1794); and in the intervals of active service,

if he had shown an inclination for the profession, and a capacity

for its higher branches, then he was sent, in the "discretion" of

the President, to West Point, to take instruction in those higher

branches, namely, artillery and engineering, and nothing more. All

the drills both of officer and private--all the camp duty--all

the trainings in the infantry, the cavalry, and the rifle--were

then left to be taught in the field and the camp--a better school

than any academy; and under officers who were to lead them into

action--better teachers than any school-room professors. And all

without any additional expense to the United States.

All was right in the time of Washington, and afterwards, up to the

act of 1812. None became cadets then but those who had a stomach for

the hardships, as well as taste for the pleasures of a soldier's

life--who, like the Young Norval on the Grampian Hills, had felt

the soldier's blood stir in their veins, and longed to be off to

the scene of war's alarms, instead of standing guard over flocks

and herds. Cadets were not then sent to a superb school, with the

emoluments of officers, to remain four years at public expense,

receiving educations for civil as well as military life, with the

right to have commissions and be provided for by the government; or

with the secret intent to quit the service as soon as they could

do better--which most of them soon do. The act of 1812 did the

mischief and that insidiously and by construction, while ostensibly

keeping up the old idea of cadets serving with their companies,

and only detached when the President pleased, to get instruction

at the academy. It runs thus: "The cadets heretofore appointed in

the service of the United States, whether of artillery, cavalry,

riflemen, or infantry, or may be in future appointed or hereinafter

provided, shall at no time exceed 250; that they may be attached, at

the discretion of the President of the United States as students to

the Military Academy; and be subject to the established regulations

thereof."

The deception of this clause is in keeping up the old idea of

these cadets being with their companies, and by the judgment of

the President detached from their companies, and attached, as

students, to the Military Academy. The President is to exercise a

"discretion," by which the cadet is transferred for a while from

his company to the school, to be there as a student; that is to

say, like a student, but still retaining his original character of

_quasi_ officer in his company. This change from camp to school,

upon the face of the act, was to be, as formerly, a question for the

President to decide, dependent for its solution upon the military

indications of the young man's character, and his capacity for the

higher branches of the service; and this only permissive in the

President. He "may" attach, &c. Now, all this is illusion. Cadets

are not sent to companies, whether of artillery, infantry, cavalry,

or riflemen. The President exercises no "discretion" about detaching

them from their company and attaching them as students. They are

appointed as students, and go right off to school, and get four

years' education at the public expense, whether they have any taste

for military life, or not. That is the first large deception under

the act: others follow, until it is all deception. Another clause

says, the cadet shall "sign articles, with the consent of his parent

or guardian, to serve five years, unless sooner discharged." This

is deceptive, suggesting a service which has no existence, and

taking a bond for what is not to be performed. It is the language

of a soldier's enlistment, where there is no enlistment; and was a

fiction invented to constitutionalize the act. The language makes

the cadet an enlisted soldier, bound to serve the United States

the usual soldier's term, when this paper soldier--this apparent

private in the ranks--is in reality a gentleman student, with the

emoluments of an officer, obtaining education at public expense,

instead of carrying a musket in the ranks. The whole clause is an

illusion, to use no stronger term, and put in for a purpose which

the legislative history of the day well explains; and that was,

to make the act constitutional on its face, and enable it to get

through the forms, and become a law. There were members who denied

the constitutional right of Congress to establish this national

eleemosynary university; and others who doubted the policy and

expediency of officering the army in this manner. To get over these

objections, the selection of the students took the form, in the

statute, of a soldier's enlistment; and in fact they sign articles

of enlistment, like recruits, but only to appease the constitution

and satisfy scruples; and I have myself, in the early periods of

my service in the Senate, seen the original articles brought into

secret session and exhibited, to prove that the student was an

enlisted soldier, and not a student, and therefore constitutionally

in service. The term of five years being found to be no term of

service at all, as the student might quit the service within a year

after his education, which many of them did, it was extended to

eight; but still without effect, except in procuring a few years of

unwilling service from those who mean to quit; as the greater part

do. I was told by an officer in the time of the Mexican war that,

of thirty-six cadets who had graduated and been commissioned at the

same time with himself, there were only about half a dozen then

in service; so that this great national establishment is mainly a

school for the gratuitous education of those who have influence to

get there. The act provides that these students are to be instructed

in the lower as well as the higher branches of the military art;

they are to be "trained and taught all the duties incident to a

regular camp." Now, all this training and teaching, and regular camp

duty, was done in Washington's time in the regular camp itself, and

about as much better done as substance is better than form, and

reality better than imitation, with the advantage of training each

officer to the particular arm of the service to which he was to

belong, and in which he would be expected to excel.

Gratuitous instruction to the children of the living is a vicious

principle, which has no foundation in reason or precedent. Such

instruction, to the children of those who have died for their

country, is as old as the first ages of the Grecian republics, as

we learn from the oration which Thucydides puts into the mouth of

Pericles at the funeral of the first slain of the Peloponnesian war:

and as modern as the present British Military Royal Academy; which,

although royal, makes the sons of the living nobility and gentry

pay; and only gives gratuitous instruction and support to the sons

of those who have died in the public service. And so, I believe, of

other European military schools.

These are vital objections to the institution; but they do not

include the high practical evil which the wisdom of Mr. Macon

discerned, and with which this chapter opened--namely, a monopoly

of the appointments. That is effected in the fourth section, not

openly and in direct terms (for that would have rendered the act

unconstitutional on its face), but by the use of words which admit

the construction and the practice, and therefore make the law,

which now is, the legal right of the cadet to receive a commission

who has received the academical diploma for going through all the

classes. This gives to these cadets a monopoly of the offices, to

the exclusion of citizens and non-commissioned officers; and it

deprives the Senate of its constitutional share in making these

appointments. By a "regulation," the academic professors are to

recommend at each annual examination, five cadets in each class,

on account of their particular merit, whom the President is to

attach to companies. This expunges the Senate, opens the door to

that favoritism which natural parents find it hard to repress among

their own children, and which is proverbial among teachers. By the

constitution, and for a great public purpose, and not as a privilege

of the body, the Senate is to have an advising and consenting power

over the army appointments: by practice and construction it is

not the President and Senate, but the President and the academy

who appoint the officers. The President sends the student to the

academy: the academy gives a diploma, and that gives him a right

to the commission--the Senate's consent being an obligatory form.

The President and the academy are the real appointing power, and

the Senate nothing but an office for the registration of their

appointments. And thus the Senate, by construction of a statute

and its own acquiescence, has ceased to have control over these

appointments: and the whole body of army officers is fast becoming

the mere creation of the President and of the military academy. The

effect of this mode of appointment will be to create a governmental,

instead of a national army; and the effect of this exclusion of

non-commissioned officers and privates from promotion, will be

to degrade the regular soldier into a mercenary, serving for pay

without affection for a country which dishonors him. Hence the

desertions and the correlative evil of diminished enlistments on the

part of native-born Americans.

Courts of law have invented many fictions to facilitate trials, but

none to give jurisdiction. The jurisdiction must rest upon fact,

and so should the constitutionality of an act of Congress; but this

act of 1812 rests its constitutionality upon fictions. It is a

fiction to suppose that the cadet is an enlisted soldier--a fiction

to suppose that he is attached to a company and thence transferred,

in the "discretion" of the President, to the academy--a fiction

to suppose that he is constitutionally appointed in the army by

the President and Senate. The very title of the act is fictitious,

giving not the least hint, not even in the convenient formula of

"other purposes" of the great school it was about to create.

It is entitled, "An act making further provision for the corps of

engineers;" when five out of the six sections which it contains go

to make further provision for two hundred and fifty students at

a national military and civil university. As now constituted, our

academy is an imitation of the European military schools, which

create governmental and not national officers--which make routine

officers, but cannot create military genius--and which block up

the way against genius--especially barefooted genius--such as this

country abounds in, and which the field alone can develope. "My

children,"--the French generals were accustomed to say to the young

conscripts during the Revolution--"My children, there are some

captains among you, and the first campaign will show who they are,

and they shall have their places." And such expressions, and the

system in which they are founded, have brought out the military

genius of the country in every age and nation, and produced such

officers as the schools can never make.

The adequate remedy for these evils is to repeal the act of 1812,

and remit the academy to condition in Washington's time, and as

enlarged by several acts up to 1812. Then no one would wish to

become a cadet but he that had the soldier in him, and meant to

stick to his profession, and work his way up from the "pay, ration,

and clothing of a sergeant," to the rank of field-officer or

general. Struggles for West Point appointments would then cease,

and the boys on the "Grampian Hills" would have their chance.

This is the adequate remedy. If that repeal cannot be had, then a

subordinate and half-way remedy may be found in giving to citizens

and non-commissioned officers a share of the commissions, equal to

what they get in the British service, and restoring the Senate to

its constitutional right of rejecting as well as confirming cadet

nominations.

These are no new views with me. I have kept aloof from the

institution. During the almost twenty years that I was at the head

of the Senate's Committee on Military Affairs, and would have been

appropriately a "visitor" at West Point at some of the annual

examinations, I never accepted the function, and have never even

seen the place. I have been always against the institution as now

established, and have long intended to bring my views of it before

the country; and now fulfil that intention.

Thirty Years' View (Vol. 1 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 55 / 166 章