Evening star. [volume] (Washington, D.C.) 1854-1972, 1917-06-24
JAMES 5. EASBy-SM|TH
ANSWERS HANNS TAYLOR
Discusses and Defends Powers OF
Congress and President Over
Land and Sea Forces.

The current issue of the Washington
Law Reporter carries an article by
James S. Easily Smith, president or the
District Bar Association and chairman
of the committee on legal problems of
the national defense council, discussing
and defending the powers of Congress
and of the President over the armies
and the land and naval forces of the
United States. against the arguments
of Hannis Taylor in the latter'S recent
address to Congress.
Mr.. Easby-Smith takes as his text
the following quotations from the opln-
ion of the Supreme Court of the United
States. delivered by Justice Field in the
case of Tarble agt. the United States.
Is Wall. 39.:
The experience of the late rebellion
has shown US that in times of great
popular excitement there may be found
in every state large numbers ready and
anxious to embarrass the operations of
the government and easily persuaded
to believe eerery step taken for the
enforcement of its authority illegal and
void
TIE article is a complete historical
review of all the wars of the United
States, discussion of the national de-
Tense act of 1916, of the recent So
called consumption law. of the provi-
sions of the Constitution and of the de-
cisions of the Supreme Court.
Reply to Mr.. Taylor.
In direct reply to Mr.. Tayior's argu-
H,ut Mr.. Easily .Snth says:
'-fhe -u--amental vices OF DR.. Taylor s
argument are: First. that because every
citizen of the United States is a unit Of
the militia of the particular state
wherein he resides Cthe militia consist
ing of every able-bodied male capable
Of bearing arms) he remains militia
man even when called into the service
of the United States. and therefore the
right of Congress to call him into the
service of the United States is limited
by the constitutional provisions relat-
ing 10 the militia.
second. that an act of Congress de-
c1aring war and directing it's prosecu-
ton is not law of the Union which
the militia may be called upon to exc
cute, and that the sending of troops
abroad to destroy the enemy before he
can do us irreparable injury at home is
not embraced within the phrase to re-
pei invasions'; coupled with his state
ment that the Supreme Court has SO de-
cided. which is not true
Third, his utter misinterpretation OF
the other constitutional powers of Con-
gress to raise and support armies. TO
provide and maintain a navy and to
regulate the land and naval forces. "
Power of Congress and President.
With reference to the power Of the
Congress and of the President in the
Smith proceeds:
The constitutional power Of the fed
eral government. acting through its
legislature and its executive, to raise
from among its citizens. who are also
citizens of the several states, armies
and navies. whether by contract of vol
untary enlistment or by CONSUMPTION.
and with such land and naval forces to
wage war, whether defensively at home
or extensively abroad, is plenary. clear
and unassailable.
This power has it's foundation in our
unwritten law, its expression in our
written Constitution and its interpreta-
ton in our legislative, executive and
judicial presidents and history