If the circumstances of our country are such as to demand a compound

instead of a simple, a confederate instead of a sole, government, the

essential point which will remain to be adjusted will be to

discriminate the OBJECTS, as far as it can be done, which shall

appertain to the different provinces or departments of power; allowing

to each the most ample authority for fulfilling the objects committed

to its charge. Shall the Union be constituted the guardian of the

common safety? Are fleets and armies and revenues necessary to this

purpose? The government of the Union must be empowered to pass all

laws, and to make all regulations which have relation to them. The same

must be the case in respect to commerce, and to every other matter to

which its jurisdiction is permitted to extend. Is the administration of

justice between the citizens of the same State the proper department of

the local governments? These must possess all the authorities which are

connected with this object, and with every other that may be allotted

to their particular cognizance and direction. Not to confer in each

case a degree of power commensurate to the end, would be to violate the

most obvious rules of prudence and propriety, and improvidently to

trust the great interests of the nation to hands which are disabled

from managing them with vigor and success.

Who is likely to make suitable provisions for the public defense, as

that body to which the guardianship of the public safety is confided;

which, as the centre of information, will best understand the extent

and urgency of the dangers that threaten; as the representative of the

WHOLE, will feel itself most deeply interested in the preservation of

every part; which, from the responsibility implied in the duty assigned

to it, will be most sensibly impressed with the necessity of proper

exertions; and which, by the extension of its authority throughout the

States, can alone establish uniformity and concert in the plans and

measures by which the common safety is to be secured? Is there not a

manifest inconsistency in devolving upon the federal government the

care of the general defense, and leaving in the State governments the

EFFECTIVE powers by which it is to be provided for? Is not a want of

co-operation the infallible consequence of such a system? And will not

weakness, disorder, an undue distribution of the burdens and calamities

of war, an unnecessary and intolerable increase of expense, be its

natural and inevitable concomitants? Have we not had unequivocal

experience of its effects in the course of the revolution which we have

just accomplished?

Every view we may take of the subject, as candid inquirers after truth,

will serve to convince us, that it is both unwise and dangerous to deny

the federal government an unconfined authority, as to all those objects

which are intrusted to its management. It will indeed deserve the most

vigilant and careful attention of the people, to see that it be modeled

in such a manner as to admit of its being safely vested with the

requisite powers. If any plan which has been, or may be, offered to our

consideration, should not, upon a dispassionate inspection, be found to

answer this description, it ought to be rejected. A government, the

constitution of which renders it unfit to be trusted with all the

powers which a free people OUGHT TO DELEGATE TO ANY GOVERNMENT, would

be an unsafe and improper depositary of the NATIONAL INTERESTS.

Wherever THESE can with propriety be confided, the coincident powers

may safely accompany them. This is the true result of all just

reasoning upon the subject. And the adversaries of the plan promulgated

by the convention ought to have confined themselves to showing, that

the internal structure of the proposed government was such as to render

it unworthy of the confidence of the people. They ought not to have

wandered into inflammatory declamations and unmeaning cavils about the

extent of the powers. The POWERS are not too extensive for the OBJECTS

of federal administration, or, in other words, for the management of

our NATIONAL INTERESTS; nor can any satisfactory argument be framed to

show that they are chargeable with such an excess. If it be true, as

has been insinuated by some of the writers on the other side, that the

difficulty arises from the nature of the thing, and that the extent of

the country will not permit us to form a government in which such ample

powers can safely be reposed, it would prove that we ought to contract

our views, and resort to the expedient of separate confederacies, which

will move within more practicable spheres. For the absurdity must

continually stare us in the face of confiding to a government the

direction of the most essential national interests, without daring to

trust it to the authorities which are indispensible to their proper and

efficient management. Let us not attempt to reconcile contradictions,

but firmly embrace a rational alternative.

I trust, however, that the impracticability of one general system

cannot be shown. I am greatly mistaken, if any thing of weight has yet

been advanced of this tendency; and I flatter myself, that the

observations which have been made in the course of these papers have

served to place the reverse of that position in as clear a light as any

matter still in the womb of time and experience can be susceptible of.

This, at all events, must be evident, that the very difficulty itself,

drawn from the extent of the country, is the strongest argument in

favor of an energetic government; for any other can certainly never

preserve the Union of so large an empire. If we embrace the tenets of

those who oppose the adoption of the proposed Constitution, as the

standard of our political creed, we cannot fail to verify the gloomy

doctrines which predict the impracticability of a national system

pervading entire limits of the present Confederacy.

PUBLIUS.

THE FEDERALIST.

No. XXIV.

The Powers Necessary to the Common Defense Further Considered

For the Independent Journal.

HAMILTON

To the People of the State of New York:

To the powers proposed to be conferred upon the federal government, in

respect to the creation and direction of the national forces, I have

met with but one specific objection, which, if I understand it right,

is this, that proper provision has not been made against the existence

of standing armies in time of peace; an objection which, I shall now

endeavor to show, rests on weak and unsubstantial foundations.

It has indeed been brought forward in the most vague and general form,

supported only by bold assertions, without the appearance of argument;

without even the sanction of theoretical opinions; in contradiction to

the practice of other free nations, and to the general sense of

America, as expressed in most of the existing constitutions. The

proprietory of this remark will appear, the moment it is recollected

that the objection under consideration turns upon a supposed necessity

of restraining the LEGISLATIVE authority of the nation, in the article

of military establishments; a principle unheard of, except in one or

two of our State constitutions, and rejected in all the rest.

A stranger to our politics, who was to read our newspapers at the

present juncture, without having previously inspected the plan reported

by the convention, would be naturally led to one of two conclusions:

either that it contained a positive injunction, that standing armies

should be kept up in time of peace; or that it vested in the EXECUTIVE

the whole power of levying troops, without subjecting his discretion,

in any shape, to the control of the legislature.

If he came afterwards to peruse the plan itself, he would be surprised

to discover, that neither the one nor the other was the case; that the

whole power of raising armies was lodged in the LEGISLATURE, not in the

EXECUTIVE; that this legislature was to be a popular body, consisting

of the representatives of the people periodically elected; and that

instead of the provision he had supposed in favor of standing armies,

there was to be found, in respect to this object, an important

qualification even of the legislative discretion, in that clause which

forbids the appropriation of money for the support of an army for any

longer period than two years a precaution which, upon a nearer view of

it, will appear to be a great and real security against the keeping up

of troops without evident necessity.

Disappointed in his first surmise, the person I have supposed would be

apt to pursue his conjectures a little further. He would naturally say

to himself, it is impossible that all this vehement and pathetic

declamation can be without some colorable pretext. It must needs be

that this people, so jealous of their liberties, have, in all the

preceding models of the constitutions which they have established,

inserted the most precise and rigid precautions on this point, the

omission of which, in the new plan, has given birth to all this

apprehension and clamor.

If, under this impression, he proceeded to pass in review the several

State constitutions, how great would be his disappointment to find that

TWO only of them[1] contained an interdiction of standing armies in

time of peace; that the other eleven had either observed a profound

silence on the subject, or had in express terms admitted the right of

the Legislature to authorize their existence.

Still, however he would be persuaded that there must be some plausible

foundation for the cry raised on this head. He would never be able to

imagine, while any source of information remained unexplored, that it

was nothing more than an experiment upon the public credulity, dictated

either by a deliberate intention to deceive, or by the overflowings of

a zeal too intemperate to be ingenuous. It would probably occur to him,

that he would be likely to find the precautions he was in search of in

the primitive compact between the States. Here, at length, he would

expect to meet with a solution of the enigma. No doubt, he would

observe to himself, the existing Confederation must contain the most

explicit provisions against military establishments in time of peace;

and a departure from this model, in a favorite point, has occasioned

the discontent which appears to influence these political champions.

If he should now apply himself to a careful and critical survey of the

articles of Confederation, his astonishment would not only be

increased, but would acquire a mixture of indignation, at the

unexpected discovery, that these articles, instead of containing the

prohibition he looked for, and though they had, with jealous

circumspection, restricted the authority of the State legislatures in

this particular, had not imposed a single restraint on that of the

United States. If he happened to be a man of quick sensibility, or

ardent temper, he could now no longer refrain from regarding these

clamors as the dishonest artifices of a sinister and unprincipled

opposition to a plan which ought at least to receive a fair and candid

examination from all sincere lovers of their country! How else, he

would say, could the authors of them have been tempted to vent such

loud censures upon that plan, about a point in which it seems to have

conformed itself to the general sense of America as declared in its

different forms of government, and in which it has even superadded a

new and powerful guard unknown to any of them? If, on the contrary, he

happened to be a man of calm and dispassionate feelings, he would

indulge a sigh for the frailty of human nature, and would lament, that

in a matter so interesting to the happiness of millions, the true

merits of the question should be perplexed and entangled by expedients

so unfriendly to an impartial and right determination. Even such a man

could hardly forbear remarking, that a conduct of this kind has too

much the appearance of an intention to mislead the people by alarming

their passions, rather than to convince them by arguments addressed to

their understandings.

But however little this objection may be countenanced, even by

precedents among ourselves, it may be satisfactory to take a nearer

view of its intrinsic merits. From a close examination it will appear

that restraints upon the discretion of the legislature in respect to

military establishments in time of peace, would be improper to be

imposed, and if imposed, from the necessities of society, would be

unlikely to be observed.

Though a wide ocean separates the United States from Europe, yet there

are various considerations that warn us against an excess of confidence

or security. On one side of us, and stretching far into our rear, are

growing settlements subject to the dominion of Britain. On the other

side, and extending to meet the British settlements, are colonies and

establishments subject to the dominion of Spain. This situation and the

vicinity of the West India Islands, belonging to these two powers

create between them, in respect to their American possessions and in

relation to us, a common interest. The savage tribes on our Western

frontier ought to be regarded as our natural enemies, their natural

allies, because they have most to fear from us, and most to hope from

them. The improvements in the art of navigation have, as to the

facility of communication, rendered distant nations, in a great

measure, neighbors. Britain and Spain are among the principal maritime

powers of Europe. A future concert of views between these nations ought

not to be regarded as improbable. The increasing remoteness of

consanguinity is every day diminishing the force of the family compact

between France and Spain. And politicians have ever with great reason

considered the ties of blood as feeble and precarious links of

political connection. These circumstances combined, admonish us not to

be too sanguine in considering ourselves as entirely out of the reach

of danger.

Previous to the Revolution, and ever since the peace, there has been a

constant necessity for keeping small garrisons on our Western frontier.

No person can doubt that these will continue to be indispensable, if it

should only be against the ravages and depredations of the Indians.

These garrisons must either be furnished by occasional detachments from

the militia, or by permanent corps in the pay of the government. The

first is impracticable; and if practicable, would be pernicious. The

militia would not long, if at all, submit to be dragged from their

occupations and families to perform that most disagreeable duty in

times of profound peace. And if they could be prevailed upon or

compelled to do it, the increased expense of a frequent rotation of

service, and the loss of labor and disconcertion of the industrious

pursuits of individuals, would form conclusive objections to the

scheme. It would be as burdensome and injurious to the public as

ruinous to private citizens. The latter resource of permanent corps in

the pay of the government amounts to a standing army in time of peace;

a small one, indeed, but not the less real for being small. Here is a

simple view of the subject, that shows us at once the impropriety of a

constitutional interdiction of such establishments, and the necessity

of leaving the matter to the discretion and prudence of the

legislature.

In proportion to our increase in strength, it is probable, nay, it may

be said certain, that Britain and Spain would augment their military

establishments in our neighborhood. If we should not be willing to be

exposed, in a naked and defenseless condition, to their insults and

encroachments, we should find it expedient to increase our frontier

garrisons in some ratio to the force by which our Western settlements

might be annoyed. There are, and will be, particular posts, the

possession of which will include the command of large districts of

territory, and facilitate future invasions of the remainder. It may be

added that some of those posts will be keys to the trade with the

Indian nations. Can any man think it would be wise to leave such posts

in a situation to be at any instant seized by one or the other of two

neighboring and formidable powers? To act this part would be to desert

all the usual maxims of prudence and policy.

If we mean to be a commercial people, or even to be secure on our

Atlantic side, we must endeavor, as soon as possible, to have a navy.

To this purpose there must be dock-yards and arsenals; and for the

defense of these, fortifications, and probably garrisons. When a nation

has become so powerful by sea that it can protect its dock-yards by its

fleets, this supersedes the necessity of garrisons for that purpose;

but where naval establishments are in their infancy, moderate garrisons

will, in all likelihood, be found an indispensable security against

descents for the destruction of the arsenals and dock-yards, and

sometimes of the fleet itself.

PUBLIUS.

[1] This statement of the matter is taken from the printed collection

of State constitutions. Pennsylvania and North Carolina are the two

which contain the interdiction in these words: “As standing armies in

time of peace are dangerous to liberty, THEY OUGHT NOT to be kept up.”

This is, in truth, rather a CAUTION than a PROHIBITION. New Hampshire,

Massachusetts, Delaware, and Maryland have, in each of their bils of

rights, a clause to this effect: “Standing armies are dangerous to

liberty, and ought not to be raised or kept up WITHOUT THE CONSENT OF

THE LEGISLATURE”; which is a formal admission of the authority of the

Legislature. New York has no bills of rights, and her constitution

says not a word about the matter. No bills of rights appear annexed to

the constitutions of the other States, except the foregoing, and their

constitutions are equally silent. I am told, however that one or two

States have bills of rights which do not appear in this collection;

but that those also recognize the right of the legislative authority

in this respect.

THE FEDERALIST.

No. XXV.

The Same Subject Continued

(The Powers Necessary to the Common Defense Further Considered)

From the New York Packet.

Friday, December 21, 1787.

HAMILTON

To the People of the State of New York:

It may perhaps be urged that the objects enumerated in the preceding

number ought to be provided for by the State governments, under the

direction of the Union. But this would be, in reality, an inversion of

the primary principle of our political association, as it would in

practice transfer the care of the common defense from the federal head

to the individual members: a project oppressive to some States,

dangerous to all, and baneful to the Confederacy.

The territories of Britain, Spain, and of the Indian nations in our

neighborhood do not border on particular States, but encircle the Union

from Maine to Georgia. The danger, though in different degrees, is

therefore common. And the means of guarding against it ought, in like

manner, to be the objects of common councils and of a common treasury.

It happens that some States, from local situation, are more directly

exposed. New York is of this class. Upon the plan of separate

provisions, New York would have to sustain the whole weight of the

establishments requisite to her immediate safety, and to the mediate or

ultimate protection of her neighbors. This would neither be equitable

as it respected New York nor safe as it respected the other States.

Various inconveniences would attend such a system. The States, to whose

lot it might fall to support the necessary establishments, would be as

little able as willing, for a considerable time to come, to bear the

burden of competent provisions. The security of all would thus be

subjected to the parsimony, improvidence, or inability of a part. If

the resources of such part becoming more abundant and extensive, its

provisions should be proportionally enlarged, the other States would

quickly take the alarm at seeing the whole military force of the Union

in the hands of two or three of its members, and those probably amongst

the most powerful. They would each choose to have some counterpoise,

and pretenses could easily be contrived. In this situation, military

establishments, nourished by mutual jealousy, would be apt to swell

beyond their natural or proper size; and being at the separate disposal

of the members, they would be engines for the abridgment or demolition

of the national authority.

Reasons have been already given to induce a supposition that the State

governments will too naturally be prone to a rivalship with that of the

Union, the foundation of which will be the love of power; and that in

any contest between the federal head and one of its members the people

will be most apt to unite with their local government. If, in addition

to this immense advantage, the ambition of the members should be

stimulated by the separate and independent possession of military

forces, it would afford too strong a temptation and too great a

facility to them to make enterprises upon, and finally to subvert, the

constitutional authority of the Union. On the other hand, the liberty

of the people would be less safe in this state of things than in that

which left the national forces in the hands of the national government.

As far as an army may be considered as a dangerous weapon of power, it

had better be in those hands of which the people are most likely to be

jealous than in those of which they are least likely to be jealous. For

it is a truth, which the experience of ages has attested, that the

people are always most in danger when the means of injuring their

rights are in the possession of those of whom they entertain the least

suspicion.

The framers of the existing Confederation, fully aware of the danger to

the Union from the separate possession of military forces by the

States, have, in express terms, prohibited them from having either

ships or troops, unless with the consent of Congress. The truth is,

that the existence of a federal government and military establishments

under State authority are not less at variance with each other than a

due supply of the federal treasury and the system of quotas and

requisitions.

There are other lights besides those already taken notice of, in which

the impropriety of restraints on the discretion of the national

legislature will be equally manifest. The design of the objection,

which has been mentioned, is to preclude standing armies in time of

peace, though we have never been informed how far it is designed the

prohibition should extend; whether to raising armies as well as to

KEEPING THEM UP in a season of tranquillity or not. If it be confined

to the latter it will have no precise signification, and it will be

ineffectual for the purpose intended. When armies are once raised what

shall be denominated “keeping them up,” contrary to the sense of the

Constitution? What time shall be requisite to ascertain the violation?

Shall it be a week, a month, a year? Or shall we say they may be

continued as long as the danger which occasioned their being raised

continues? This would be to admit that they might be kept up IN TIME OF

PEACE, against threatening or impending danger, which would be at once

to deviate from the literal meaning of the prohibition, and to

introduce an extensive latitude of construction. Who shall judge of the

continuance of the danger? This must undoubtedly be submitted to the

national government, and the matter would then be brought to this

issue, that the national government, to provide against apprehended

danger, might in the first instance raise troops, and might afterwards

keep them on foot as long as they supposed the peace or safety of the

community was in any degree of jeopardy. It is easy to perceive that a

discretion so latitudinary as this would afford ample room for eluding

the force of the provision.

The supposed utility of a provision of this kind can only be founded on

the supposed probability, or at least possibility, of a combination

between the executive and the legislative, in some scheme of

usurpation. Should this at any time happen, how easy would it be to

fabricate pretenses of approaching danger! Indian hostilities,

instigated by Spain or Britain, would always be at hand. Provocations

to produce the desired appearances might even be given to some foreign

power, and appeased again by timely concessions. If we can reasonably

presume such a combination to have been formed, and that the enterprise

is warranted by a sufficient prospect of success, the army, when once

raised, from whatever cause, or on whatever pretext, may be applied to

the execution of the project.

The Federalist Papers(#18) · 第 12 / 48 段