Have not congress authority, under these powers, to enlist soldiers and sailors, _by contract with themselves_, and to pay them their wages, grant them pensions, and secure their wages and pensions to their own use, without asking the permission either of the state governments, or of any individuals whom the state governments may see fit to recognize as the owners of such soldiers and sailors? Certainly they have, in defiance of all state laws and constitutions whatsoever; and they have already asserted that principle by enacting that pensions, paid by the United States to their soldiers, shall not be liable to be taken for debt, under the laws of the states. Have they not authority also to grant letters of marque and reprisal, and to secure the prizes, to a ship's crew of blacks, as well as of whites? To those whom the State governments call slaves, as well as to those whom the state governments call free?--Have not congress authority to make contracts, for the defence of the nation, with any and all the inhabitants of the nation, who may be willing to perform the service? Or are they obliged first to ask and obtain the consent of those private individuals who may pretend to own the inhabitants of this nation? Undoubtedly congress have the power to contract with whom they please, and to secure wages and pensions to such individuals, in contempt of all state authority. Yet this power is inconsistent with the idea that the constitution recognizes or sanctions the legality of slavery. _Sixth._ "The congress shall have power to provide for the organizing, _arming_ and disciplining the _militia_, and for governing such part of them as may be employed in the service of the United States, reserving to the states respectively the appointment of the officers, and the authority of training the militia, according to the discipline prescribed by congress." Also "to provide for calling forth the militia to execute the laws of the Union, suppress insurrections, and repel invasions." Have not congress, under these powers, as undoubted authority to enroll in the militia, and "_arm_" those whom the states call slaves, and authorize them always to keep their arms by them, even when not on duty, (that they may at all times be _ready_ to be "called forth" "to execute the laws of the Union, suppress insurrections, and repel invasions,") as they have thus to enroll and arm those whom the states call free? Can the state governments determine who may, and who may not compose the militia of the "United States?" Look, too, at this power, in connection with the second amendment to the constitution; which is in these words: "A well regulated militia being necessary to the security of a free state, the right of _the people_ to keep and bear arms shall not be infringed."