I will, in this place, hazard an observation, which will not be the

less just because to some it may appear new; which is, that the more

the operations of the national authority are intermingled in the

ordinary exercise of government, the more the citizens are accustomed

to meet with it in the common occurrences of their political life, the

more it is familiarized to their sight and to their feelings, the

further it enters into those objects which touch the most sensible

chords and put in motion the most active springs of the human heart,

the greater will be the probability that it will conciliate the respect

and attachment of the community. Man is very much a creature of habit.

A thing that rarely strikes his senses will generally have but little

influence upon his mind. A government continually at a distance and out

of sight can hardly be expected to interest the sensations of the

people. The inference is, that the authority of the Union, and the

affections of the citizens towards it, will be strengthened, rather

than weakened, by its extension to what are called matters of internal

concern; and will have less occasion to recur to force, in proportion

to the familiarity and comprehensiveness of its agency. The more it

circulates through those channels and currents in which the passions of

mankind naturally flow, the less will it require the aid of the violent

and perilous expedients of compulsion.

One thing, at all events, must be evident, that a government like the

one proposed would bid much fairer to avoid the necessity of using

force, than that species of league contend for by most of its

opponents; the authority of which should only operate upon the States

in their political or collective capacities. It has been shown that in

such a Confederacy there can be no sanction for the laws but force;

that frequent delinquencies in the members are the natural offspring of

the very frame of the government; and that as often as these happen,

they can only be redressed, if at all, by war and violence.

The plan reported by the convention, by extending the authority of the

federal head to the individual citizens of the several States, will

enable the government to employ the ordinary magistracy of each, in the

execution of its laws. It is easy to perceive that this will tend to

destroy, in the common apprehension, all distinction between the

sources from which they might proceed; and will give the federal

government the same advantage for securing a due obedience to its

authority which is enjoyed by the government of each State, in addition

to the influence on public opinion which will result from the important

consideration of its having power to call to its assistance and support

the resources of the whole Union. It merits particular attention in

this place, that the laws of the Confederacy, as to the ENUMERATED and

LEGITIMATE objects of its jurisdiction, will become the SUPREME LAW of

the land; to the observance of which all officers, legislative,

executive, and judicial, in each State, will be bound by the sanctity

of an oath. Thus the legislatures, courts, and magistrates, of the

respective members, will be incorporated into the operations of the

national government AS FAR AS ITS JUST AND CONSTITUTIONAL AUTHORITY

EXTENDS; and will be rendered auxiliary to the enforcement of its

laws.[1] Any man who will pursue, by his own reflections, the

consequences of this situation, will perceive that there is good ground

to calculate upon a regular and peaceable execution of the laws of the

Union, if its powers are administered with a common share of prudence.

If we will arbitrarily suppose the contrary, we may deduce any

inferences we please from the supposition; for it is certainly

possible, by an injudicious exercise of the authorities of the best

government that ever was, or ever can be instituted, to provoke and

precipitate the people into the wildest excesses. But though the

adversaries of the proposed Constitution should presume that the

national rulers would be insensible to the motives of public good, or

to the obligations of duty, I would still ask them how the interests of

ambition, or the views of encroachment, can be promoted by such a

conduct?

PUBLIUS.

[1] The sophistry which has been employed to show that this will tend

to the destruction of the State governments, will, in its will, in its

proper place, be fully detected.

THE FEDERALIST.

No. XXVIII.

The Same Subject Continued

(The Idea of Restraining the Legislative Authority in Regard to the

Common Defense Considered)

For the Independent Journal.

HAMILTON

To the People of the State of New York:

That there may happen cases in which the national government may be

necessitated to resort to force, cannot be denied. Our own experience

has corroborated the lessons taught by the examples of other nations;

that emergencies of this sort will sometimes arise in all societies,

however constituted; that seditions and insurrections are, unhappily,

maladies as inseparable from the body politic as tumors and eruptions

from the natural body; that the idea of governing at all times by the

simple force of law (which we have been told is the only admissible

principle of republican government), has no place but in the reveries

of those political doctors whose sagacity disdains the admonitions of

experimental instruction.

Should such emergencies at any time happen under the national

government, there could be no remedy but force. The means to be

employed must be proportioned to the extent of the mischief. If it

should be a slight commotion in a small part of a State, the militia of

the residue would be adequate to its suppression; and the national

presumption is that they would be ready to do their duty. An

insurrection, whatever may be its immediate cause, eventually endangers

all government. Regard to the public peace, if not to the rights of the

Union, would engage the citizens to whom the contagion had not

communicated itself to oppose the insurgents; and if the general

government should be found in practice conducive to the prosperity and

felicity of the people, it were irrational to believe that they would

be disinclined to its support.

If, on the contrary, the insurrection should pervade a whole State, or

a principal part of it, the employment of a different kind of force

might become unavoidable. It appears that Massachusetts found it

necessary to raise troops for repressing the disorders within that

State; that Pennsylvania, from the mere apprehension of commotions

among a part of her citizens, has thought proper to have recourse to

the same measure. Suppose the State of New York had been inclined to

re-establish her lost jurisdiction over the inhabitants of Vermont,

could she have hoped for success in such an enterprise from the efforts

of the militia alone? Would she not have been compelled to raise and to

maintain a more regular force for the execution of her design? If it

must then be admitted that the necessity of recurring to a force

different from the militia, in cases of this extraordinary nature, is

applicable to the State governments themselves, why should the

possibility, that the national government might be under a like

necessity, in similar extremities, be made an objection to its

existence? Is it not surprising that men who declare an attachment to

the Union in the abstract, should urge as an objection to the proposed

Constitution what applies with tenfold weight to the plan for which

they contend; and what, as far as it has any foundation in truth, is an

inevitable consequence of civil society upon an enlarged scale? Who

would not prefer that possibility to the unceasing agitations and

frequent revolutions which are the continual scourges of petty

republics?

Let us pursue this examination in another light. Suppose, in lieu of

one general system, two, or three, or even four Confederacies were to

be formed, would not the same difficulty oppose itself to the

operations of either of these Confederacies? Would not each of them be

exposed to the same casualties; and when these happened, be obliged to

have recourse to the same expedients for upholding its authority which

are objected to in a government for all the States? Would the militia,

in this supposition, be more ready or more able to support the federal

authority than in the case of a general union? All candid and

intelligent men must, upon due consideration, acknowledge that the

principle of the objection is equally applicable to either of the two

cases; and that whether we have one government for all the States, or

different governments for different parcels of them, or even if there

should be an entire separation of the States, there might sometimes be

a necessity to make use of a force constituted differently from the

militia, to preserve the peace of the community and to maintain the

just authority of the laws against those violent invasions of them

which amount to insurrections and rebellions.

Independent of all other reasonings upon the subject, it is a full

answer to those who require a more peremptory provision against

military establishments in time of peace, to say that the whole power

of the proposed government is to be in the hands of the representatives

of the people. This is the essential, and, after all, only efficacious

security for the rights and privileges of the people, which is

attainable in civil society.[1]

If the representatives of the people betray their constituents, there

is then no resource left but in the exertion of that original right of

self-defense which is paramount to all positive forms of government,

and which against the usurpations of the national rulers, may be

exerted with infinitely better prospect of success than against those

of the rulers of an individual state. In a single state, if the persons

intrusted with supreme power become usurpers, the different parcels,

subdivisions, or districts of which it consists, having no distinct

government in each, can take no regular measures for defense. The

citizens must rush tumultuously to arms, without concert, without

system, without resource; except in their courage and despair. The

usurpers, clothed with the forms of legal authority, can too often

crush the opposition in embryo. The smaller the extent of the

territory, the more difficult will it be for the people to form a

regular or systematic plan of opposition, and the more easy will it be

to defeat their early efforts. Intelligence can be more speedily

obtained of their preparations and movements, and the military force in

the possession of the usurpers can be more rapidly directed against the

part where the opposition has begun. In this situation there must be a

peculiar coincidence of circumstances to insure success to the popular

resistance.

The obstacles to usurpation and the facilities of resistance increase

with the increased extent of the state, provided the citizens

understand their rights and are disposed to defend them. The natural

strength of the people in a large community, in proportion to the

artificial strength of the government, is greater than in a small, and

of course more competent to a struggle with the attempts of the

government to establish a tyranny. But in a confederacy the people,

without exaggeration, may be said to be entirely the masters of their

own fate. Power being almost always the rival of power, the general

government will at all times stand ready to check the usurpations of

the state governments, and these will have the same disposition towards

the general government. The people, by throwing themselves into either

scale, will infallibly make it preponderate. If their rights are

invaded by either, they can make use of the other as the instrument of

redress. How wise will it be in them by cherishing the union to

preserve to themselves an advantage which can never be too highly

prized!

It may safely be received as an axiom in our political system, that the

State governments will, in all possible contingencies, afford complete

security against invasions of the public liberty by the national

authority. Projects of usurpation cannot be masked under pretenses so

likely to escape the penetration of select bodies of men, as of the

people at large. The legislatures will have better means of

information. They can discover the danger at a distance; and possessing

all the organs of civil power, and the confidence of the people, they

can at once adopt a regular plan of opposition, in which they can

combine all the resources of the community. They can readily

communicate with each other in the different States, and unite their

common forces for the protection of their common liberty.

The great extent of the country is a further security. We have already

experienced its utility against the attacks of a foreign power. And it

would have precisely the same effect against the enterprises of

ambitious rulers in the national councils. If the federal army should

be able to quell the resistance of one State, the distant States would

have it in their power to make head with fresh forces. The advantages

obtained in one place must be abandoned to subdue the opposition in

others; and the moment the part which had been reduced to submission

was left to itself, its efforts would be renewed, and its resistance

revive.

We should recollect that the extent of the military force must, at all

events, be regulated by the resources of the country. For a long time

to come, it will not be possible to maintain a large army; and as the

means of doing this increase, the population and natural strength of

the community will proportionably increase. When will the time arrive

that the federal government can raise and maintain an army capable of

erecting a despotism over the great body of the people of an immense

empire, who are in a situation, through the medium of their State

governments, to take measures for their own defense, with all the

celerity, regularity, and system of independent nations? The

apprehension may be considered as a disease, for which there can be

found no cure in the resources of argument and reasoning.

PUBLIUS.

[1] Its full efficacy will be examined hereafter.

THE FEDERALIST.

No. XXIX.

Concerning the Militia

From the Daily Advertiser.

Thursday, January 10, 1788

HAMILTON

To the People of the State of New York:

The power of regulating the militia, and of commanding its services in

times of insurrection and invasion are natural incidents to the duties

of superintending the common defense, and of watching over the internal

peace of the Confederacy.

It requires no skill in the science of war to discern that uniformity

in the organization and discipline of the militia would be attended

with the most beneficial effects, whenever they were called into

service for the public defense. It would enable them to discharge the

duties of the camp and of the field with mutual intelligence and

concert an advantage of peculiar moment in the operations of an army;

and it would fit them much sooner to acquire the degree of proficiency

in military functions which would be essential to their usefulness.

This desirable uniformity can only be accomplished by confiding the

regulation of the militia to the direction of the national authority.

It is, therefore, with the most evident propriety, that the plan of the

convention proposes to empower the Union “to provide for 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.”

Of the different grounds which have been taken in opposition to the

plan of the convention, there is none that was so little to have been

expected, or is so untenable in itself, as the one from which this

particular provision has been attacked. If a well-regulated militia be

the most natural defense of a free country, it ought certainly to be

under the regulation and at the disposal of that body which is

constituted the guardian of the national security. If standing armies

are dangerous to liberty, an efficacious power over the militia, in the

body to whose care the protection of the State is committed, ought, as

far as possible, to take away the inducement and the pretext to such

unfriendly institutions. If the federal government can command the aid

of the militia in those emergencies which call for the military arm in

support of the civil magistrate, it can the better dispense with the

employment of a different kind of force. If it cannot avail itself of

the former, it will be obliged to recur to the latter. To render an

army unnecessary, will be a more certain method of preventing its

existence than a thousand prohibitions upon paper.

In order to cast an odium upon the power of calling forth the militia

to execute the laws of the Union, it has been remarked that there is

nowhere any provision in the proposed Constitution for calling out the

POSSE COMITATUS, to assist the magistrate in the execution of his duty,

whence it has been inferred, that military force was intended to be his

only auxiliary. There is a striking incoherence in the objections which

have appeared, and sometimes even from the same quarter, not much

calculated to inspire a very favorable opinion of the sincerity or fair

dealing of their authors. The same persons who tell us in one breath,

that the powers of the federal government will be despotic and

unlimited, inform us in the next, that it has not authority sufficient

even to call out the POSSE COMITATUS. The latter, fortunately, is as

much short of the truth as the former exceeds it. It would be as absurd

to doubt, that a right to pass all laws NECESSARY AND PROPER to execute

its declared powers, would include that of requiring the assistance of

the citizens to the officers who may be intrusted with the execution of

those laws, as it would be to believe, that a right to enact laws

necessary and proper for the imposition and collection of taxes would

involve that of varying the rules of descent and of the alienation of

landed property, or of abolishing the trial by jury in cases relating

to it. It being therefore evident that the supposition of a want of

power to require the aid of the POSSE COMITATUS is entirely destitute

of color, it will follow, that the conclusion which has been drawn from

it, in its application to the authority of the federal government over

the militia, is as uncandid as it is illogical. What reason could there

be to infer, that force was intended to be the sole instrument of

authority, merely because there is a power to make use of it when

necessary? What shall we think of the motives which could induce men of

sense to reason in this manner? How shall we prevent a conflict between

charity and judgment?

By a curious refinement upon the spirit of republican jealousy, we are

even taught to apprehend danger from the militia itself, in the hands

of the federal government. It is observed that select corps may be

formed, composed of the young and ardent, who may be rendered

subservient to the views of arbitrary power. What plan for the

regulation of the militia may be pursued by the national government, is

impossible to be foreseen. But so far from viewing the matter in the

same light with those who object to select corps as dangerous, were the

Constitution ratified, and were I to deliver my sentiments to a member

of the federal legislature from this State on the subject of a militia

establishment, I should hold to him, in substance, the following

discourse:

“The project of disciplining all the militia of the United States is as

futile as it would be injurious, if it were capable of being carried

into execution. A tolerable expertness in military movements is a

business that requires time and practice. It is not a day, or even a

week, that will suffice for the attainment of it. To oblige the great

body of the yeomanry, and of the other classes of the citizens, to be

under arms for the purpose of going through military exercises and

evolutions, as often as might be necessary to acquire the degree of

perfection which would entitle them to the character of a

well-regulated militia, would be a real grievance to the people, and a

serious public inconvenience and loss. It would form an annual

deduction from the productive labor of the country, to an amount which,

calculating upon the present numbers of the people, would not fall far

short of the whole expense of the civil establishments of all the

States. To attempt a thing which would abridge the mass of labor and

industry to so considerable an extent, would be unwise: and the

experiment, if made, could not succeed, because it would not long be

endured. Little more can reasonably be aimed at, with respect to the

people at large, than to have them properly armed and equipped; and in

order to see that this be not neglected, it will be necessary to

assemble them once or twice in the course of a year.

“But though the scheme of disciplining the whole nation must be

abandoned as mischievous or impracticable; yet it is a matter of the

utmost importance that a well-digested plan should, as soon as

possible, be adopted for the proper establishment of the militia. The

attention of the government ought particularly to be directed to the

formation of a select corps of moderate extent, upon such principles as

will really fit them for service in case of need. By thus

circumscribing the plan, it will be possible to have an excellent body

of well-trained militia, ready to take the field whenever the defense

of the State shall require it. This will not only lessen the call for

military establishments, but if circumstances should at any time oblige

the government to form an army of any magnitude that army can never be

formidable to the liberties of the people while there is a large body

of citizens, little, if at all, inferior to them in discipline and the

use of arms, who stand ready to defend their own rights and those of

their fellow-citizens. This appears to me the only substitute that can

be devised for a standing army, and the best possible security against

it, if it should exist.”

Thus differently from the adversaries of the proposed Constitution

should I reason on the same subject, deducing arguments of safety from

the very sources which they represent as fraught with danger and

perdition. But how the national legislature may reason on the point, is

a thing which neither they nor I can foresee.

There is something so far-fetched and so extravagant in the idea of

danger to liberty from the militia, that one is at a loss whether to

treat it with gravity or with raillery; whether to consider it as a

mere trial of skill, like the paradoxes of rhetoricians; as a

disingenuous artifice to instil prejudices at any price; or as the

serious offspring of political fanaticism. Where in the name of

common-sense, are our fears to end if we may not trust our sons, our

brothers, our neighbors, our fellow-citizens? What shadow of danger can

there be from men who are daily mingling with the rest of their

countrymen and who participate with them in the same feelings,

sentiments, habits and interests? What reasonable cause of apprehension

can be inferred from a power in the Union to prescribe regulations for

the militia, and to command its services when necessary, while the

particular States are to have the SOLE AND EXCLUSIVE APPOINTMENT OF THE

OFFICERS? If it were possible seriously to indulge a jealousy of the

militia upon any conceivable establishment under the federal

government, the circumstance of the officers being in the appointment

of the States ought at once to extinguish it. There can be no doubt

that this circumstance will always secure to them a preponderating

influence over the militia.

In reading many of the publications against the Constitution, a man is

apt to imagine that he is perusing some ill-written tale or romance,

which instead of natural and agreeable images, exhibits to the mind

nothing but frightful and distorted shapes—

“Gorgons, hydras, and chimeras dire;”

discoloring and disfiguring whatever it represents, and transforming

everything it touches into a monster.

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