Year: 1864




but she did provide for draft. Under
the law of 1898 she raised her militia for
local urposes, and drafted from the mil
tia into the regular army in the field.


Let us look for moment at our own
history in regard to this subject. How
were the three hundred and ninety y-five
thousand men raised for the war of the
Revolution? Every colony had laws for
calling out its militia and compelling
them to serve, By statute of Maryland
a citizens was liable to fine of 0,000
: for refusal to obey the command when
ordered into the field. By statute of
Massachusetts, as early as 1893 severe pun
ishments were provided for those who re
fused to turn out for military duty when
ordered. The spirit of personal indepen-
dence and the protection Of individual
rights were at least as carefully guarded
by the founders of the Republic as they
are by this generation, and yet they ney-
er doubted the power of the colonies to
compel the citizen to serve in the field.
It makes no matter whether it be done
by President or q Governor Of State.
the same principle is involved.


1 affirm again that every one of the
colonies raised men by draft. 1t was a
presumed common law right, The Con-
stitution of the United States recognizes
the same principle by declaring that,
Congress should have power to provide
for calling forth the militia to execute
the laws of the Union;" and on the Goth
of September, 1889, an act was passed
THE second military law under the Con-
stitution) giving to the President full
power to call forth the militia. That
law was extended by the act of May 2,
1892, so as give him the power to send
the Militia beyond the limits Of their
States. In 1895 (Feb. 2s) his power was
still further extended, and heavy pen
atty was affixed for disobedience of the
law. In the case of Houston VS.. Moore,
Wheaton, and also Martin We. Mott, II
Wheaton, the Supreme Court decided
that the law was Constitutional, and that
the President had the Constitutional pow
or to compela citizen to do military duty.
In the war of 1912, the President called
on the States for troops, and when a suf-
fcient number did not volunteer they
were obtained by draft. In 1889, when
the dispute occurred between this coun-
try and England in reference to the boun-
dsries of the State of Maine, law was
passed March 3, 1889, authorizing the
President to call forth one thousand men
for six months, period double the length
allowed by former laws.


Mr.. Boutwell,. | would ask the gentle
man whether the law for drafting in 1912,
allowed substitutes.


Mr.. Garfield Certainly it did, but not
Communication The bill before us permits
drafted men to obtain substitutes but not
to pay comm1tation.


r'say, then, since the beginning of the
Government, still further, since the be-
ginning of the revolution, still further,
since the founding Of the colonies, the
right of sending citizens into the military
service has been repeatedly asserted and
exercised; and up to the Sd of March. '63,
such thing as the payment of money in
lieu OF military service was never known
on this continent. Gentlemen must,
therefore, abandon the claim that in re-
pealing this clause, we are interfering
with immemorial usage and inalienable
rights.


Even the law of 1868 did not regard
the $500 as an equivalent for military
service. 1t provided that the $500 should
be paid "for the procuration of a substi-
tute, and was supposed to be sum suf
ficient for that purpose. 1t is now far
from sufficient, and the law is even more
unjust than at first. If the $500 would
always procure substitute, the military
service would not suffer by retaining
the clause.


But what are the facts? The President,
the Secretary of War, our knowledge of
affairs, tell us if it be retained, it will be
impossible to fill the places of eighty-fve
thousand hundred days men who will go
out of service in a few weeks; and of the
three years regiments whose terms of SER
vice are every day expiring. Moreover,
we must allow something for the waste of
battle, the waste of disease, and ell the |
incidents of war. And now, while our
armies are advancing gloriously, while |
our campaigns are prosperous, while there
is no immediate cause for alarm, let US
look into the future and provide for its
emergencies; let US hold up the hands of
the President and remove this obstacle |
from the law, as he recommends. Gen
tlemen doubt what the people will say
and how they will feel. have learned |
that the people are braver than their Rep
Iwould much sooner take |
the counsel of the American people, and !
of the American Army, than /
of the timidity of their Representatives
Wnen an election Is aI Aanu' HouIu W
God there were no Presidential election
to cast its shadow over this battle sum-
mer, and no congressional elections over
shadowing this house. Perhaps we might
then see with clear vision the interests
of the country, and strike toward them
with bolder hands.


This do know, that the loyal people
have laid up great oath on the altar
that they will never rest till the rebellion
is oYerthrown, and they will take all nee
essary means to hew through TO this pur
pose. know that the people whom
have united their destiny with
the destiny Of the Union, and will share