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• Speech of Daniel Webster
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I

This bill, indeed, is less undisguised in its object, and less direct in its means, than some of the measures proposed. It is an attempt to exercise the power of forcing the free men of this country into the ranks of the Army, for the general purposes of the war, under color of a military service. To this end it commences with a classification, which is no way connected with the general organization of the Militia, nor, to my apprehension, included within any of the powers which Congress possesses over them. All the authority which this government has over the Militia, until actually called into the service, is to enact laws for their organization and discipline. This power it has exercised. It now possesses the further power of calling into its service any portion of the Militia of the States, in the particular exigencies for which the constitution provides, and of governing them during the continuance of such service. Here its authority ceases. The classification of the whole body of the Militia, according to the provisions of this bill, is not a measure which respects either their general organization or their discipline. It is a distinct system introduced for new purposes, and not connected with any power which the Constitution has conferred on Congress.

But, Sir, there is another consideration. The services of the men to be raised under this act are not limited to those cases in which alone this government is entitled to the aid of the militia1 of the States. These cases are particularly stated in the Constitution—“to repel invasion, suppress insurrection, or execute the laws.” But this bill has no limitation in this respect. The usual mode of legislating on the subject is abandoned. The only section which would have confined the services of the Militia proposed to be raised, within the United States, has been stricken out and if the President should not march them into the Provinces of England at the North, or of Spain at the South, it will not be because he is prohibited by any provision in this Act.

This, then, Sir, is a bill for calling out the Militia not according to its existing organization, but by draft from new created classes—not merely for the purpose of repelling invasion, suppressing insurrection, or executing the laws, but for the general objects of war–for defending ourselves, or invading others as may be thought expedient, not for a sudden emergency, or for a short time, but for long stated periods; for two years, if the proposition of the Senate should finally prevail; for one year if the amendment of the House should be adopted. What is this Sir, but raising a standing army out of the Militia by draft, and to be recruited by draft, in like manner, as often as occasions require?

This bill, then, is not different in principle from the other bills, plans, and resolutions which I have mentioned. The present discussion is properly and necessarily common to them all. It is a discussion, Sir, of the last importance. That measures of this nature should be debated at all, in the councils of a free government, is a cause of dismay. The question is nothing less than whether the most essential rights of personal liberty shall be surrendered, and despotism embraced in its worst form.

[1]“Militia” as used in the Constitution refers to the entire male population of the several States, capable of bearing arms–the age limits varying in different States. The National Guard, strictly speaking, is not the militia, but simply the organised militia.