The Cecil Whig. [volume] (Elkton, Md.) 1841-current, 1863-08-15
the General Government to
Draft.


The disasters that attended our arms
In 1913 and 1914 rendered it necessary
to adop' other measures to form new
army, and President Madison recon-
neudcd to Congress in his message tina
entire dependence on he militia b. dis
cardcd, that the regular army be filled
up, and 100000 men be raised BY
draft to be ordered BY the General Gov
ernmcnt. Then, as now, it was urged
that the regular amy could be filled
only by vo!un AIRY cnlistmcn $, and tina,
the Government had no power to draft.
This position was met BY Secretary of
State, Monroe, as follows:
" Congress had a righ', by the Con-
sttu ion, o raise regular armies aud no
restraint is imposed in jhe exercise of it,
except in the provisions which are in
tended to guard against the abuse Of
power, with none of which does this plan
interfere. 1t would be absurd to sup
pose that Congress could not carry this
power into effect otherwise than by ac-
cepting the voluntary service Of lndivid-
uals. 1t might happen tina, 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 an army The idea that tie
United States cannot raise regular
army in any other mode than by accept
ing the voluntary service of individuals
is believed to be rcpuenant of the uni
form construction Of al grants of power,
and equally so to tie first principles and
leading objects of the Federal compact.
An unqualified grant of power gives the
means necessary TO carry it into effect.
This Is an universal maxim which admits
of no exception. Equally true is it that
the conservation of the State is a duty
paramount to all others. The Common
wealth has right to the service of all
citizens, or rather the citizens composing
the Conmon wealth have right, colcc-
lively and individually, to service 20
each other to rcpel any danger which
may be menaccd. The manner in which
the service is to be aportioncd among the
citizens and rendered by them, are OBJ
jects of legislation. All that is to be
dreaded in such case is the abuse of
power, and happily our Constitution has
provided ample security against that
evil.
But it is said by drawing the men
from the militia service into the regular
army, and putting them under regular
officers, you vlola'e principle of the
Constitution, which provides that the
militia shall be provided by their own
officers. IF this was the fact, the con-
clusion would follow. But such is not
fac. The men are not drum from The
militia, but from the population of The
country; when they enlist potunturdy,
1t IS not as mii.tm men they act as cii-
gems. If they are drafted it must be in
the sane sense. In both instances they
are enrolled in the military corps, but
that, as is presumed, cannot prevent the
voluntary act in the one instance, or the
compulsion in the other. The whole
population Of the United States, within
certain ages, belonging to these corps
If the United States could not form reg
ular 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
if il had been done it would not have
been through the Governors, for several
of them stood in a position Of ayowad