Germans -- United States; World War, 1914-1918 -- Secret service -- Germany
In this moral infection, the work of Hannis Taylor played an
important part. He wrote legal opinions for the Council, declaring
that the traffic in munitions was unconstitutional. He received
$700 for this work. These opinions were printed and distributed
broadcast, and did much harm. More recently, Taylor was counsel
for Robert Cox, the Missouri draft registrant who sued to restrain
General Leonard Wood from sending him with his regiment to France.
On his behalf, Hannis Taylor contended that the Conscription
Act was unconstitutional, asserting that the only power of
Congress to call out troops was under the militia clause of the
Constitution which reads: “To execute the laws of the Union,
suppress insurrections and repel invasions.” This meant, so Taylor
contended, that no citizen could be sent, against his will, outside
the United States to fight its battles.
This absurd doctrine, which would force us to fight this war on
our own soil instead of allowing us to defend ourselves in Europe
against German aggression, was promptly punctured by the Supreme
Court of the United States. In his brief before that Court Hannis
Taylor used language so violent that the counsel for the Government
asked that it be expunged from the record. Taylor in his brief
accused the President of being a “dictator,” of seizing powers
“in open defiance of the judgments” of the Supreme Court, and of
demanding “such an aggregation of powers as no monarch ever wielded
in any constitutional government that ever existed.”
The decision of the Supreme Court, affirming the Government’s right
to draft its citizens for service overseas, was delivered by Chief
Justice White. That stern old veteran of the Lost Cause in our
Civil War, speaking with the aloofness and dignity of that august
Court, in measured terms expressed an opinion of Mr. Hannis Taylor
that is worth repeating. He said:
Public-domain text, read in full here on John Shaqi.
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