The Jeffersonian. [volume] (Atlanta, Ga.) 1907-1917, 1917-05-24
Thursday, May "a, 1917.

country. 1t is enough to know that that nstru-
ment was intended as the basis Of free govern
ment, and that the power contended for is in
compatible with any notion of personal liberty
An attempt to maintain this doctrine upon the
provisions of the Constitution is an exercise of
perverse ingenuity to extract slavery from the
substance of free government. 1t is attempt
to show, by proof and argument, that we
selves are subjects of despotsm and that we have
right to chains and bondage, firmly secured to
us and our children by the provisions Of gov
eminent. It has been the labor of other men at
other times, to mitigate and REFORM the powers
OF government by construction to support the
rights of personal security by every species of
favorable and benign interpretations and thus to
infuse free spirit into governments not friendly
IN the1r general structure and formation to pub
lie liberty.
The supporters of the measures before us act
on the opposite principle 1t is their task raise
arbitrary powers, by construction, cut Of a plain
written charter of National Liberty. It is their
pleasing duty TO free OF the deiusion, which
VIC have fOndly cherished, that are SUBJ
jCcts OF mild. free. and limited government, and
TO demonstrate by regular chain OF premises
and conclusions, that government possesses over
ms q power more tyTannicaI, arbitrary,
dangerous, more allied to blood and murder, more
full of every form of mischief, more productive of
every sort Of misery, than has been exercised by
any civilized government, with exception, in
modern times.
Congress having, by the Constitution power
to raise armies, the Secretary contends that no
restraint is to be imposed on the exercise Of this
power, except such as is expressly stated in the
written letter Of the instrument. IN other words,
that Congress may execute its powers by any
means it chooses, unless such means are par
ticulaTly prohibited. But the general nature and
object Of the Constitution impose as rigid
strictiOn the Of exercising power as
could be done by the most explicit iniunctions 1t
is the first principle applicable to such case,
that no construction shall be admitted which i'm
pairs the general nature and character CT the
instrument. free Constitution or government
is to be construed upon free principles, and every
branch Of its provisions is to receive such an
Interpretation as is full Of its general spirit. No
means to be taken by implication which would
strike US abSurdly If expressed. And what would
have been more absurd than for this constitution
to have said, that to the great blessings OF
liberty 1T gave to government an uncontrolled
power OF military conscr1ption? Yet such is the
absurdlty which it is made to exhibit under the
commentary of the Secretary OF War
compulsory loan is not to be compared i'm
point OF enoImlty. with compulsory military
service.
If the Secretary Of War has proved the right
OF Congress to enact q law enforcing q draft Of
men out Of the Militia into the regular Army he
will at any time be able to prove quite as clearly
that Congress has power to create Dictator.
The arguments which have helped him i'm one
case, will equally help him in the other. The
same reason OF a supposed or possible state
necessity which is urged now, may be repeated
then with equal pertinency and effect.
Sir, in granting Congress the power TO raise
armies, the People have granted all the means
which are ordinary and usual, and which are con-
sistent with the liberties and security of the
People themselves, and they have granted no
others To talk about the unlimited power of the
government over the means to execute it's au-
thorty is to hold language which is true only
i'll regard to despOtisms. The tyranny Of Arbi-
trary Government consists as much in its means
as in its ends, and it would be a ridiculous and
absurd constitution which should be less cautious
to guard against abuses in the one case than in
the other All the means and instruments which
a Tree government exercises as Well as the ends
and objects it pursues are to partake of it's own
essential character, and to be confOTmed to it's
genuine spirit. free government, with arbitrary
means to administer it, is q contradiction: free
government. without adequate provisions for per-
sonal security, is an absurtiity: free government