232 



CONGKESS, U. S. 



should have arms of the same caliber adapted 

 to the use of the same kind of fixed ammuni- 

 tion, and they should be subject to the same 

 organization, discipline, and drill. Here we 

 have not only the power given to raise and 

 support armies, but the mode, means, and pur- 

 poses by and for which they are raised is clear- 

 ly defined and prescribed ; and I maintain that 

 every other mode and power is excluded. The 

 great point to be attained by the framers of the 

 Constitution was to provide for every exigency 

 that might arise, and at the same time to guard 

 against the dangers of a large standing army, 

 the bane of republics, and always dangerous to 

 liberty. Another point to be attained was to 

 provide against undue encroachments on the 

 rights and sovereignty of the States by the 

 General Government. It was thought, and so 

 argued in the Convention that formed the Con- 

 stitution, that these provisions effected all these 

 objects ; that every power was granted neces- 

 sary to make the militia thoroughly efficient 

 and effective ; the President is made their com- 

 viander-in-chief when called into the service 

 of the United States, and Congress is vested 

 ff-ith exclusive power to organize, arm, disci- 

 pline, and govern them ; reserving to the States 

 the power, equally exclusive, of appointing the 

 officers, and training according to the discipline 

 prescribed by Congress. 



" This bill takes away from the States the 

 right to appoint the officers, while it subjects 

 the entire militia of every State in the Union 

 to be brought into the service at the pleasure 

 of the President, giving him the power to ap- 

 point every officer from second lieutenant up 

 to major-general, thus breaking down that bar- 

 rier erected byj;he founders of the Government 

 to prevent Federal encroachment upon the 

 rights of the States, the very object for which 

 this provision, reserving to the States the ex- 

 clusive right to appoint these officers, was in- 

 corporated in the Constitution. A proposition 

 was made in the Constitutional Convention to 

 strike this clause out of the Constitution. It 

 was voted down. A proposition was offered 

 giving the General Government the appoint- 

 ment of all officers above the rank of colonel, 

 and that proposition was also voted down. It 

 was claimed by the members of that body that 

 the militia of the States, officered by the State 

 authorities, would always be a sure check 

 against the encroachments of Federal author- 

 ity upon the vested rights of the States." 



Mr. Mallory, of Kentucky, asserted the fol- 

 lowing as the reasons for the passage of the 

 bill : " Mr. Speaker, why is this measure called 

 for at this time ? The answer, sir, is one which 

 must be very palling to the pride of the Ad- 

 ministration and its supporters. It is a com- 

 plete confession of incompetency to manage the 

 stupendous war in which it finds itself involv- 

 ed a most humiliating and reluctant acknowl- 

 edgement that its measures have been mis- 

 takes, its policy a blunder. We were told by 

 the gentleman from Pennsylvania (Mr. Stevens), 



the other day, that no more volunteers could 

 be had from the North. We have seen that no 

 reliance can be placed on the negro troops. 

 We know that desertions from the army in 

 great numbers are of daily occurrence. Indeed, 

 this evil has become so extended and alarming 

 that especial provision is made to cure it in 

 this very bill by the agency of these provost- 

 marshals. The expiration of the terms of ser- 

 vice of thousands of volunteers is rapidly ap- 

 proaching, and it is known that among them 

 an almost insuperable objection to reenlisting 

 exists, and is increasing. 



" These, Mr. Speaker, are the reasons why 

 the Administration now comes to Congress and 

 asks for this enormous power. We are told 

 that this measure will remove all the difficul- 

 ties that surround us, and enable the Govern- 

 ment to carry on the war with renewed vigor 

 to a successful termination. Sir, if this were 

 all true, I could not support the bill. Believ- 

 ing, as I do, that its provisions are subversive 

 of the Constitution, and that its passage would 

 establish a precedent dangerous to the liberties 

 of the people if not directly destructive of 

 those liberties I could not, in view of my 

 oath to support the Constitution of the United 

 States, give the bill the sanction of my vote. 

 But I do not believe that this bill would re- 

 move the difficulties in the way of the Govern- 

 ment. I believe that it would increase and 

 multiply them. Mr. Speaker, let us examine 

 into the cause of this dead lock of the Govern- 

 ment. Let us inquire why it is that no more 

 volunteers can be obtained ; why it is that our 

 soldiers are so much dissatisfied ; why deser- 

 tions are daily occurring, and why those whose 

 terms of service expire will not reenlist ? Sir, 

 I charge that the cause of all this is to be found 

 in the measures of policy of the President and 

 the party in power. It is to be found in the 

 fact now patent, that the whole policy of the 

 President and his party, in the conduct of the 

 war, has been changed ; that this change has 

 been both in the object of the war and in the 

 means used for conducting it." 



Mr. Dunn, of Indiana, thus urged the neces- 

 sity for the adoption of the measure: "The 

 necessity is upon us to pass a bill of this charac- 

 ter. We have many regiments in the field 

 greatly reduced in numbers, some to four hun- 

 dred rank and file, some to three hundred, 

 some to two, and a gentleman behind me re- 

 marks, some to one hundred. These reduc- 

 tions have not all been caused by the casualties 

 of war, but by various circumstances combined. 

 It is due to the gallant men remaining in these 

 regiments that their numbers should be prompt- 

 ly filled up. This cannot be done by voluntary 

 enlistment, on account of the influence of just 

 such speeches as are made here and elsewhere 

 denouncing the war. Many make a clamor 

 against the wnr as an excuse for not volunteer- 

 ing. Moreover, a draft is the cheapest, fairest, 

 and best mode of raising troops. It is to be 

 regretted this mode was not adopted at first. 



