"'
"I can only say, in reply to this, that the power of Congress
depends on the real nature of the act it proposes to perform,
not on the name given to it; and I have endeavored to show that
its action is really that of 'raising an army,' and bears no
semblance to 'calling forth the militia.' I think I may safely
venture the assertion that there is not one man out of a
thousand of those who will do service under the conscription act
that will describe himself while in the Confederate service as
being a militiaman; and, if I am right in this assumption, the
popular understanding concurs entirely with my own deductions
from the Constitution as to the meaning of the word 'militia.'
"My answer has grown to such a length, that I must confine
myself to one more quotation from your letter. You proceed:
'Congress shall have power to _raise armies_. How shall it be
done? The answer is clear. In conformity to the provisions of
the Constitution, which expressly provides that, when the
militia of the States are called forth to _repel invasion_, and
employed in the service of the Confederate States, which is now
the case, the State shall appoint the officers.
"I beg you to observe that the answer which you say is clear is
not an answer to the question put. The question is, How are
armies to be raised? The answer given is, that, when militia are
called upon to repel invasion, the State shall appoint the
officers.
Pages:
775
776
777
778
779
780
781
782
783
784
785
786
787
788
789
790
791
792
793
794
795
796
797
798
799