"There seems to me to be a conclusive test on this whole
subject. By our Constitution, Congress may declare war,
_offensive_ as well as _defensive_. It may acquire territory.
Now, suppose that, for good cause and to right unprovoked
injuries, Congress should declare war against Mexico and invade
Sonora. The militia could not be called forth in such a case,
the right to call it being limited 'to repel invasions.' Is it
not plain that the law now under discussion, if passed under
such circumstances, could by no possibility be aught else than a
law to 'raise an army'? Can one and the same law be construed
into a 'calling forth the militia,' if the war be defensive, and
a 'raising of armies,' if the war be offensive?
"At some future day, after our independence shall have been
established, it is no improbable supposition that our present
enemy may be tempted to abuse his naval power by depredations on
our commerce, and that we may be compelled to assert our rights
by offensive war. How is it to be carried on? Of what is the
army to be composed? If this Government can not call on its
arms-bearing population otherwise than as militia, and if the
militia can only be called forth to repel invasion, we should be
utterly helpless to vindicate our honor or protect our rights.
War has been well styled 'the terrible litigation of nations.
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