' No. 13, 'To provide and
maintain a navy.' No. 14, 'To make rules for the government and
regulation of _the land and naval forces_.'
"It is impossible to imagine a more broad, ample, and
unqualified delegation of the whole war power of each State than
is here contained, with the solitary limitation of the
appropriations to two years. The States not only gave power to
raise money for the common defense, to declare war, to raise and
support armies (in the plural), to provide and maintain a navy,
to govern and regulate both land and naval forces, but they went
further, and covenanted, by the third paragraph of the tenth
section, not 'to engage in war, unless actually invaded, or in
such imminent danger as will not admit of delay.'
"I know of but two modes of raising armies within the
Confederate States, viz., voluntary enlistment and draft, or
conscription. I perceive, in the delegation of power to raise
armies, no restriction as to the mode of procuring troops. I see
nothing which confines Congress to one class of men, nor any
greater power to receive volunteers than conscripts into its
service. I see no limitation by which enlistments are to be
received of individuals only, but not of companies, or
battalions, or squadrons, or regiments. I find no limitation of
time of service, but only of duration of appropriation.
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