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Show LINCOLN'S OPINION. Charles Evans Hughes, in an art- 1 dress before the American Bar association, associa-tion, on the ''War Powers of ' the 1'nitod States Under the Constitution," quoted an opinion prepared by Frcsi- j dent Lincoln, but not published, which sustains the power of congress to pass j a conscription act. In view of the fact that a few of our people peeking to. ive aid and comfort to the enemy have queationed the constitutionality of i,)-" sclertivo draft, it is interesting to read the conclusive argument of Abraham Lincoln on the subject, of conscription, con-scription, ' ' Tn this rase, ' ' says the opinion, "'those who desire the rebellion to succeed, suc-ceed, and others who seek reward in a different way, are very active in accommodating ac-commodating us with this class of arguments. argu-ments. They tell us the Saw is unconstitutional, uncon-stitutional, ft is the first instance, I believe, in which the power of congress to do a thing has ever been questioned in a case when the power is given by the constitution in- express terms. Whether a power r(:in be implied when it is not expressed has often been the subject of controversy; but this is the first case in which the degree of effrontery ef-frontery ha.s been ventured upon of denying de-nying a power which is plainly and distinctly dis-tinctly written down in the constitution. The constitution declares that 'the congress con-gress shall have power to raise and support armies; but no appropriation appropria-tion of money to that use shall be for, a longer term than two years. ' The whole scope of the constription net is J Mo raise and support armies.' There is j nothing else in it. Do you admit that tho power is given to raise and support armies, and yet insist that by this art congress has not exercised the power in a constitutional mode, has not done the thing in the right way? Who is to judge .of this? The constitution gives congress tho power, but it does not prescribe the mode, or expressly declare who shall prescribe it. In such case congress must prescribo the mode or relinquish the power. There is no alternative. The power is given fully, completely, unconditionally. It is not a power, to raise armies if state authorities consent; nor if the men to compose thtrarmies arc entirely willing; but it is a power to raise and support armies given to congress by the constitution con-stitution without an 'if.' " |