The constitutional validity of the law was much questioned by politicians, but never finally tried out on appeal to the Supreme Court. There seems to be no room for doubt that Lincoln's own reasoning on this matter was sound. The Constitution simply gave to Congress "power to raise and support armies," without a word as to the particular means to be used for the purpose; the new and extremely well-considered Constitution of the Confederacy was in this respect the same. The Constitution, argued Lincoln, would not have given the power of raising armies without one word as to the mode in which it was to be exercised, if it had not meant Congress to be the sole judge as to the mode. "The principle," he wrote, "of the draft, which simply is involuntary or enforced service, is not new. It has been practised in all ages of the world. It was well known to the framers of our Constitution as one of the modes of raising armies. . . . It had been used just before, in establishing our independence, and it was also used under the Constitution in 1812." In fact, as we have seen, a certain power of compelling military service existed in each of the States and had existed in them from the first. Their ancestors had brought the principle with them from the old country, in which the system of the "militia ballot" had not fallen into desuetude when they became independent. The traditional English jealousy, which the American Colonies had imbibed, against the military power of the Crown had never manifested itself in any objection to the means which might be taken to raise soldiers, but in establishing a strict control of the number which the Crown could at any moment maintain; and this control had long been in England and had always been in America completely effective. We may therefore treat the protest which was raised against the law as unconstitutional, and the companion argument that it tended towards military despotism, as having belonged to the realm of political verbiage, and as neither founded in reason nor addressed to living popular emotions.