History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle FramersCurtis, George Ticknor
History
History of the Origin, Formation, and Adoption of the Constitution of the United States, Vol. 1: With Notices of Its Principle Framers
Curtis, George Ticknor
Constitutional history -- United States
To this appeal Congress at once responded, in a manner suited to the
exigency. On the 27th of December, 1776, they passed a resolution,
vesting in General Washington ample and complete power to raise and
collect together, in the most speedy and effectual manner from all or
any of the United States, sixteen battalions of infantry, in addition
to those already voted; to appoint the officers of these battalions;
to raise, officer, and equip three regiments of artillery and a corps
of engineers, and to establish their pay; to apply to any of the
States for such aid of their militia as he might judge necessary; to
form such magazines of provisions, and in such places, as he should
think proper; to displace and appoint all officers under the rank of
brigadier-general; to fill up all vacancies in every other department
of the American army; to take, wherever he might be, whatever he might
want for the use of the army, if the inhabitants would not sell it,
allowing a reasonable price for the same; to arrest and confine
persons who should refuse to receive the continental currency, or were
otherwise disaffected to the American cause; and to return to the
States of which such persons were citizens their names and the nature
of their offences, together with the witnesses to prove them. These
powers were vested in the Commander-in-chief for the space of six
months from the date of the resolve, unless sooner revoked by the
Congress.[122]
* * * * *
The powers thus conferred upon General Washington were in reality those
of a military dictatorship; and in conferring them, the Congress acted
upon the maxim that the public safety is the supreme law. They acted,
too, as if they were the proper judges of the exigency, and as if the
powers they granted were then rightfully in their hands. But it is a
singular proof of the unsettled and anomalous condition of the political
system of the country, and of the want of practical authority in the
continental government, that, in three days after the adoption of the
resolves conferring these powers, the Congress felt it necessary to
address a letter to the Governors of the States, apologizing for this
step. Nor was their letter a mere apology. It implied a doubt whether
the continental government possessed a proper authority to take the
steps which the crisis demanded, and whether the execution of all
measures did not really belong to the States, the Congress having only a
recommendatory power. "Ever attentive," their letter declared, "to the
security of civil liberty, Congress would not have consented to the
vesting of such powers in the military department as those which the
inclosed resolves convey to the continental Commander-in-chief, if the
situation of public affairs did not require, at this crisis, a decision
and vigor which distance and numbers deny to assemblies far removed from
each other and from the seat of war." The letter closed, by requesting
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