The War of 1812 was a brutal conflict between the infantile United States and the British Empire, and the culmination of years of unsettled dues from the Revolutionary War. The first real test of power since its independence, aside from the Barnaby Wars, the United States was faced with a dilemma; they lacked the proper ground troops to deal with such an impending crisis from the British Crown. Scrambling for solutions, then-president James Madison sought advice from his Secretary of State James Monroe who then pitched in his two cents — instate a national draft of 40,000 men. It was this proposal that Senator Daniel Webster fiercely criticized on the House floor in his December address during the winter of 1815. His words are perhaps one of the most eloquent defenses I have read against conscription. Here’s some food for thought:
“…Is this, Sir, consistent with the character of a free Government? Is this civil liberty? Is this the real character of our Constitution? No Sir, indeed it is not. The Constitution is libelled, foully libelled. The people of this country have not established for themselves such a fabric of despotism. They have not purchased at a vast expense of their own treasure and their own blood a Magna Carta to be slaves. Where is it written in the Constitution, in what article or section is it contained, that you may take children from their parents, & parents from their children, & compel them to fight the battles of any war, in which the folly or the wickedness of Government may engage it? Under what concealment has this power lain hidden, which now for the first time comes forth, with a tremendous & baleful aspect, to trample down & destroy the dearest rights of personal liberty? Who will show me any constitutional injunction, which makes it the duty of the American people to surrender everything valuable in life, & even life itself, not when the safety of their country & its liberties may demand the sacrifice, but whenever the purposes of an ambitious & mischievous Government may require it? Sir, I almost disdain to go to quotations & references to prove that such an abominable doctrine has no foundation in the Constitution of the country. It is enough to know that that instrument was intended as the basis of a free Government, & that the power contended for is incompatible 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.”
He goes on to articulate the gruesome effects of the war on families and lives:
“…Sir, I invite the supporters of the measures before you to look to their actual operation. Let the men who have so often pledged their own fortunes & their own lives to the support of this war, look to the wanton sacrifice which they are about to make of their lives & fortunes. They may talk as they will about substitutes, & compensations, & exemptions. It must come to the draft at last. If the Government cannot hire men voluntarily to fight its battles, neither can individuals. If the war should continue, there will be no escape, & every man’s fate, & every man’s life will come to depend on the issue of the military draught. Who shall describe to you the horror which your orders of Conscription shall create in the once happy villages of this country? Who shall describe the distress & anguish which they will spread over those hills & valleys, where men have heretofore been accustomed to labor, & to rest in security & happiness. Anticipate the scene, Sir, when the class shall assemble to stand its draft, & to throw the dice for blood. What a group of wives & mothers, & sisters, of helpless age & helpless infancy, shall gather round the theatre of this horrible lottery, as if the stroke of death were to fall from heaven before their eyes, on a father, a brother, a son or an husband. And in a majority of cases, Sir, it will be the stroke of death. Under present prospects of the continuance of the war, not one half of them on whom your conscription shall fall will ever return to tell the tale of their sufferings. They will perish of disease & pestilence, or they will leave their bones to whiten in fields beyond the frontier. Does the lot fall on the father of a family? His children, already orphans, shall see his face no more. When they behold him for the last time, they shall see him lashed & fettered, & dragged away from his own threshold, like a felon & an outlaw. Does it fall on a son, the hope & the staff of aged parents. That hope shall fail them. On that staff they shall lean no longer. They shall not enjoy the happiness of dying before their children. They shall totter to their grave, bereft of their offspring, & unwept by any who inherit their blood. Does it fall on a husband? The eyes which watch his parting steps may swim in tears forever. She is a wife no longer. There is no relation so tender or so sacred, that, by these accursed measures, you do not propose to violate it. There is no happiness so perfect, that you do not propose to destroy it. Into the paradise of domestic life you enter, not indeed by temptations & sorceries, but by open force & violence.”
Powerfully speaking, he once again affirms the principles of a free society:
“…In my opinion, Sir, the sentiments of the free population of this country are greatly mistaken here. The nation is not yet in a temper to submit to conscription. The people have too fresh & strong a feeling of the blessings of civil liberty to be willing thus to surrender it. You may talk to them as much as you please, of the victory & glory to be obtained in the Enemy’s Provinces; they will hold those objects in light estimation, if the means be a forced military service. You may sing to them the song of Canada Conquests in all its variety, but they will not be charmed out of the remembrance of their substantial interests, & true happiness. Similar pretences, they know, are the graves in which the liberties of other nations have been buried, & they will take warning. Laws, Sir, of this nature can create nothing but opposition. If you scatter them abroad, like the fabled serpents’ teeth, they will spring up into armed men. A military force cannot be raised, in this manner, but by the means of a military force. If the administration has found that it cannot form an army without conscription, it will find, if it ventures on these experiments, that it can not enforce conscription without an army. The Government was not constituted for such purposes. Framed in the spirit of liberty, & in the love of peace, it has no powers which render it able to enforce such laws. The attempt, if we rashly make it, will fail; & having already thrown away our peace, we may thereby throw away our Government.”
Part of the Great Triumvirate of the Senate, Daniel Webster could not have used his talent of speaking more masterfully.