suppressing the Draft Riot of 1863.]

Liberty can never be guarded too carefully, or the barriers erected around
the rights of every individual respected too scrupulously. But everything
in this world is a choice between two evils. The greatest wisdom cannot
avoid _all_ evils; it can only choose the least. Sound statesmanship
regards any stretch of power better than the overthrow of the nation.
Probably there never was a more able and wise body of men assembled, or
more jealous of any exercise of arbitrary power, than the First Congress
of the United States; and yet, almost in the commencement of our struggle
for independence, when events wore such a gloomy aspect that failure
seemed inevitable, rising above its fears of despotic measures, in its
greater fear of total defeat, it conferred on Washington powers that made
him to a large extent military dictator. He was authorized to raise
sixteen battalions of infantry, three thousand light-horse, three
regiments of artillery, together with a corps of engineers, and _appoint
the officers himself_. He had, also, full power, when he deemed it
necessary, to call on the several States for the militia; to appoint
throughout _the entire army all the officers under brigadiers_; fill
up all vacancies; to take whatever he wanted for the use of his troops,
wherever he could find it, with no other restriction than that he must pay
for it, which last was nullified, because he was empowered to _seize and
lock up every man who refused to receive in pay Continental money_. It
would seem impossible that a body of men who were so extremely sensitive
in bestowing power on a military commander, and so watchful of the rights
of individuals, could have committed such an act; and yet, who does not
see that, under the circumstances, it was wise. Now, granting that
conscription is a despotic measure, no truthful, candid man will deny
that, in case of a war, where men must be had, and can be got in no other
way, that it would be the duty of government to enforce it. It is idle to