Page:Letters of Daniel Webster (1902).djvu/87

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patible with any notion of personal liberty. An attempt to maintain this doctrine upon the provisions of the Constitution is an exercise of perverse ingenuity to extract slavery from the substance of a free Government. It is an attempt to show, by proof & argument, that we ourselves are subjects of despotism, & that we have a right to chains & bondage, firmly secured to us & our children, by the provisions of our Government. It has been the labor of other men, at other times, to mitigate & reform the powers of Government by construction; to support the rights of personal security by every species of favorable & benign interpretation, & thus to infuse a free spirit into Governments, not friendly in their general structure & formation to public liberty.

The supporters of the measures before us act on the opposite principle. It is their task to raise arbitrary powers, by construction, out of a plain written charter of National Liberty. It is their pleasing duty to free us of the delusion, which we have fondly cherished, that we are the subjects of a mild, free, & limited Government, & to demonstrate by a regular chain of premises & conclusions, that Government possesses over us a power more tyrannical, more arbitrary, more dangerous, more allied to blood & murder, more full of every form of mischief, more productive of every sort & degree of misery, than has been exercised by any civilized Government, with a single exception, in modern times.

The Secretary of War has favored us with an argument on the constitutionality of this power. Those who lament that such doctrines should be supported by the opinions of a high officer of government, may a little abate their regret, when they remember that the same officer, in his last letter of instructions to our ministers abroad, maintained the contrary. In that letter, he declares, that even the impressment of seamen, for which many more plausible reasons may be given than for the impressment of soldiers, is repugnant to our constitution.

It might therefore be a sufficient answer to his argument, in the present case, to quote against it the sentiments of its own author, & to place the two opinions before the House, in a state of irreconcilable conflict. Further comment on either might then by properly forborne, until he should be pleased to inform us which he retracted, & to which he adhered. But the importance of the subject may justify a further consideration of the argument.

Congress having, by the Constitution a power to raise armies,[supp 1]

  1. Section 8: "The Congress shall have power... To raise and support Armies." (Wikisource contributor note)