Cleveland morning leader. [volume] (Cleveland [Ohio]) 1854-1865, 1863-07-31

GEtl NHQNeEuuienL 70 REalts
The disasters that attended our arms in
sasa 1913 and 1914 rendered it necessary 10
adopt other measures to form new army,
and President Madison recommended to
Congress in his message that entire de-
pendeace on the milits be discarded; that
the regular army be filed up, and 100000
men be raised by q draft to be ordered by
the general government Then, as now it
was urged By those in sympathy with the
enemy that the regular army could be filed
only by voluntary enlistments, and that
she Government hsd no power to draft
This position was met by Secretary of
State Monroe as follows:
Congress has right by the COnstitu-
ton, to raise regular armies, and no re-
straint is imposed in the exercise gift ex-,
eeptin the provisions which are intended
10 guard against the abuse Of power, with
none Of which does this plan interfere.
Il would be absurd TO suppose that Con-
gTess could not carry this power into ef-
feet, otherwise than by accepting the vol
untary service Of individuals. Il might
happen that an army could not be raised
in that mode, whence the power would
have been granted in vain.
The safety Of the State might depend
on such army. The idea that the Unit
ed States cannot raise a regular army in
any other mode than by accepting the vol
untary service Of individuals is believed
to be repugnant to the uniform eonstrue
ton Of all grants Of power, and equally
50 to the frst principles and leading OBJ
jects or the Federal compact. An unqUal-
fled grant Of power gives the means ne
cessaTy tc carry it into effect. This is an
universal maxim which admits Of ne ex-
ception Equally true is it that the con-
serVation of the State is duty paramount
10 all others. The Common Realth has
right to the service of all its citizens or
rather the citizens composing the Common
wealth have a right collectively and indi-
Vidually to the service Of each other, TO
repel any danger which may be menaced
The manner in which the service is to be
apportioned among the citizens, and rem
dered by them, objects Of legislation.
All that is to be dreaded in such case is the
abuse of power and happily our Constitu-
ton has provided ampl; security against
that evil.
But it is saidby drawing the men from
the militia service into the regular army,
and putting them under regular officers,
you violate principle Of the Constitution
which provides that the militia shall be
commanded by their officers. IL this
was the fact, the conclusion would follow.
But such is not the fact. The men not
dras0H from the militia, but from the popuIa-
hoH Of the country; whsn they eRlist volua-
taTity, IL is not as militia-msH they act but
citizens. If they drafted 1t must be in
the same sense. In both instances they
are enrolled in the militia corps, but that
as is presumed cannot prevent the volun-
tary act in the one instance, or the COM
pulsion in the other. The whole TOpula-
ton Of the United States, within certain
ages belong to these corps. If the United
States could not form regular armies from
them, they could raise none at ALL"
This argument is perfectly conclusive as
to the power of the Government in the
premises. The early conclusion of peace
rendered it unnecessary to order the draft,
but it had been done, it would not have
been through the Governors, for several of
ihem stood in position of avowed hostil-
lily to the war, and adopted every means to
embsrass its vigorous prosecution.