MEMORIAL DAY. 



477 



1. I answer the first question in general terms in 

 the affirmative. I consider that the Rules and Kegu- 

 lations enjoin upon every post and comrade the duty 

 of observing Memorial Day, and that this provision 

 creates the duty, whether 'any orders are issued by 

 department or national authority or not. 



a. The nature of the duty makes each comrade, 

 necessarily, the judge of how he shall perform it. It 

 is analogous to the obligation which he assumes to re- 

 lieve the wants of a needy comrade, or his duty to 

 attend the meetings of his post. Each of these duties 

 will be acknowledged by a comrade who feels his re- 

 sponsibility as a member of the order. Yet, from the 

 nature of the case, no post can say what private cir- 

 cumstances are sufficient to excuse a member from 

 fiving charity in any particular instance, nor whether 

 e properly waives the obligations to attend a meet- 

 ing in favor of another duty which seems to him to 

 claim the preference. In all these matters the Grand 

 Army must leave the conduct of each comrade to his 

 own sense of right. 



In the case of a post I think somewhat less discre- 

 tion is allowable. Posts are organized, among other 

 things, for just this purpose. The perpetuation of the 

 memory of our fallen comrades, not only among our- 

 selves, but in the grateful regard of the whole people, 

 whose life they saved, by our annual processions to 

 the resting-places of the heroic dead and the floral 

 decorations of their urns, is one of the most prominent 

 and beautiful object* of our order, none the less im- 

 portant that it was not inaugurated till after the Grand 

 Army had been some time in existence. I think, 

 therefore, that a post which should omit this ceremo- 

 nial repeatedly, or for a frivolous cause, or which 

 should deliberately pass resolutions of contempt for 

 the observance of it if such a thing can be imagined 

 would be amenable to discipline by higher authority 

 as properly as if it should fail for a long period to hold 

 meetings, or in its capacity as a post should commit 

 any other act of insubordination. 



3. If the post to which any comrade belongs were 

 to fail to make arrangements for the observance of the 

 day, I think it would not be obligatory upon such 

 comrade to engage in any public ceremonies in its ob- 

 servance. Yet, if inclination prompts him to joiu 

 with some other post, or to assemble with other com- 

 rades, or alone to visit and decorate the graves of the 

 fallen, such voluntary service will be a becoming ex- 

 pression of the sentiments which the Grand Army 

 inculcates and fosters. 



4. The Kules and Regulations prescribe the observ- 

 ance of the day by the members of the order. The 

 primary organization of the members is by posts, and, 

 consequently, in the absence of specific orders or reg- 

 ulations, the duty first devolves upon each post. It 

 is generally the case throughout the country that 

 there is only one post in each town or village, and, 

 therefore, the day has been usually observed by each 

 post in its own way. In cities, where there are more 

 posts than one, and where there are, perhaps, differ- 

 ent cemeteries to be visited, it has been the custom, 

 and an entirely proper one, for several posts to unite 

 voluntarily in this service. 



5. The ordinary duties of a department commander 

 relate to his department as a whole. On occasions 

 when the whole department is ordered out, or assem- 

 bles for any duty, he takes command. When a post 

 is assembled by itself, or when several posts unite 

 voluntarily, for the purpose of a parade, a reception, 

 or a fair, or anv such object, the department com- 

 mander would hardly assume the direction of affairs. 

 If one post, or any number of posts, were to assemble 

 or combine for an illegal object, or one detrimental to 

 the interests of the order, the department com- 

 mander would have the right, and it would be his 

 duty, to interfere and stop such proceedings. 



'iy. whatever right a department commander 

 has in his own department, the commander-in-chief 

 has throughout the order, and if the department 

 commander interferes in matters relating to a post in 



his jurisdiction, the commander-in-chief may, in his 

 discretion, approve or revoke the order of the depart- 

 ment commander. 



I mav add, in application of the foregoing principles 

 to the facts which suggested the questions submitted, 

 that no department encampment or department 

 commander has the power to order various posts to 

 send delegates to a committee which shall control 

 their action as posts upon any public occasion, be- 

 cause : 



1. Such action is in effect forming a new organi- 

 zation, unknown to our Eules and regulations, and 

 giving it a command which belongs to the senior 

 officer present. 



2. Such action, where pecuniary expense is to be 

 incurred under direction of such committee, is giving 

 to an unauthorized body the power to levy a special 

 tax upon the posts concerned. 



Of course, any number of posts, conveniently lo- 

 cated for the purpose, may voluntarily combine for 

 any lawful object, and may act, through a committee 

 of their own choice, as they see fit, in securing their 

 object, and in collecting the means for defraying the 

 expense incurred. 



In spite of these measures the anniversary 

 was still popularly known as Decoration Day 

 at the North, and the following was adopted at 

 the encampment at Baltimore, 1882: 



That the commander-in-chief be requested to is- 

 sue a general order calling the attention of the officers 

 and members of the Grand Army of the Republic, and 

 of the people at large, to the fact that the proper desig- 

 nation of May 30 is Memorial Day, and to request 

 that it may be always so called. 



In the constitution of the Grand Army, Ar- 

 ticle XIV, Chapter V, reads as follows : 



The national encampment hereby establishes a 

 Memorial Day, to be observed by the members of the 

 Grand Army of the Republic, on the 30th day of May 

 annually, in commemoration of the deeds of our 

 fallen comrades. When such day occurs on Sunday, 

 the succeeding day shall be observed, except where, 

 by legal enactment, the preceding day is made a legal 

 holiday, when such day shall be observed. 



The veterans of New Jersey were, it is be- 

 lieved, the first to make a stated effort to se- 

 cure legislative action in regard to legalizing 

 the day as a holiday. In their proceedings is 

 found the following resolution, by Comrade 

 Ward: 



Whereas, The annual encampment of the Depart- 

 ment of New Jersey of 1874, appointed a committee 

 to use every honorable means to have an act passed 

 by the Legislature of the State making the 30th day 

 ot : May a legal holiday ; and 



Whereas, The efforts of this committee heretofore 

 put forth to secure the passage of said act have failed ; 

 and 



Whereas, The evidence of its justice and propriety 

 accumulates as the years roll by ; therefore 



Resolved, That the committees having this matter in 

 charge be and are hereby instructed to press to the 

 uttermost the passage of a bill that will secure the de- 

 sired end. 



Action on the last two resolutions was deferred un- 

 til the following morningr. No further business being 

 presented, the counsel adjourned. 



On motion, the communication of Comrade 

 Burrows, in reference to having the representa- 

 tives of this department at the next national 

 encampment of the G. A. R. offer a resolution 

 with the view to ask Congress of the United 

 States to pass resolutions making the 30th day 



