The idea of restraining the legislative authority, in the means of

providing for the national defense, is one of those refinements which

owe their origin to a zeal for liberty more ardent than enlightened.

We have seen, however, that it has not had thus far an extensive

prevalency; that even in this country, where it made its first

appearance, Pennsylvania and North Carolina are the only two States by

which it has been in any degree patronized; and that all the others have

refused to give it the least countenance; wisely judging that confidence

must be placed somewhere; that the necessity of doing it, is implied in

the very act of delegating power; and that it is better to hazard the

abuse of that confidence than to embarrass the government and endanger

the public safety by impolitic restrictions on the legislative

authority. The opponents of the proposed Constitution combat, in this

respect, the general decision of America; and instead of being taught

by experience the propriety of correcting any extremes into which we

may have heretofore run, they appear disposed to conduct us into others

still more dangerous, and more extravagant. As if the tone of government

had been found too high, or too rigid, the doctrines they teach are

calculated to induce us to depress or to relax it, by expedients

which, upon other occasions, have been condemned or forborne. It may

be affirmed without the imputation of invective, that if the principles

they inculcate, on various points, could so far obtain as to become the

popular creed, they would utterly unfit the people of this country for

any species of government whatever. But a danger of this kind is not to

be apprehended. The citizens of America have too much discernment to

be argued into anarchy. And I am much mistaken, if experience has not

wrought a deep and solemn conviction in the public mind, that greater

energy of government is essential to the welfare and prosperity of the

community.

It may not be amiss in this place concisely to remark the origin

and progress of the idea, which aims at the exclusion of military

establishments in time of peace. Though in speculative minds it

may arise from a contemplation of the nature and tendency of such

institutions, fortified by the events that have happened in other ages

and countries, yet as a national sentiment, it must be traced to

those habits of thinking which we derive from the nation from whom the

inhabitants of these States have in general sprung.

In England, for a long time after the Norman Conquest, the authority of

the monarch was almost unlimited. Inroads were gradually made upon the

prerogative, in favor of liberty, first by the barons, and afterwards

by the people, till the greatest part of its most formidable pretensions

became extinct. But it was not till the revolution in 1688, which

elevated the Prince of Orange to the throne of Great Britain, that

English liberty was completely triumphant. As incident to the undefined

power of making war, an acknowledged prerogative of the crown, Charles

II. had, by his own authority, kept on foot in time of peace a body of

5,000 regular troops. And this number James II. increased to 30,000;

who were paid out of his civil list. At the revolution, to abolish the

exercise of so dangerous an authority, it became an article of the Bill

of Rights then framed, that "the raising or keeping a standing army

within the kingdom in time of peace, UNLESS WITH THE CONSENT OF

PARLIAMENT, was against law."

In that kingdom, when the pulse of liberty was at its highest pitch, no

security against the danger of standing armies was thought requisite,

beyond a prohibition of their being raised or kept up by the mere

authority of the executive magistrate. The patriots, who effected that

memorable revolution, were too temperate, too wellinformed, to think

of any restraint on the legislative discretion. They were aware that a

certain number of troops for guards and garrisons were indispensable;

that no precise bounds could be set to the national exigencies; that a

power equal to every possible contingency must exist somewhere in the

government: and that when they referred the exercise of that power to

the judgment of the legislature, they had arrived at the ultimate point

of precaution which was reconcilable with the safety of the community.

From the same source, the people of America may be said to have derived

an hereditary impression of danger to liberty, from standing armies in

time of peace. The circumstances of a revolution quickened the public

sensibility on every point connected with the security of popular

rights, and in some instances raise the warmth of our zeal beyond the

degree which consisted with the due temperature of the body politic.

The attempts of two of the States to restrict the authority of the

legislature in the article of military establishments, are of the number

of these instances. The principles which had taught us to be jealous

of the power of an hereditary monarch were by an injudicious excess

extended to the representatives of the people in their popular

assemblies. Even in some of the States, where this error was not

adopted, we find unnecessary declarations that standing armies ought not

to be kept up, in time of peace, WITHOUT THE CONSENT OF THE LEGISLATURE.

I call them unnecessary, because the reason which had introduced a

similar provision into the English Bill of Rights is not applicable

to any of the State constitutions. The power of raising armies at all,

under those constitutions, can by no construction be deemed to

reside anywhere else, than in the legislatures themselves; and it was

superfluous, if not absurd, to declare that a matter should not be done

without the consent of a body, which alone had the power of doing it.

Accordingly, in some of these constitutions, and among others, in that

of this State of New York, which has been justly celebrated, both

in Europe and America, as one of the best of the forms of government

established in this country, there is a total silence upon the subject.

It is remarkable, that even in the two States which seem to have

meditated an interdiction of military establishments in time of

peace, the mode of expression made use of is rather cautionary than

prohibitory. It is not said, that standing armies SHALL NOT BE kept up,

but that they OUGHT NOT to be kept up, in time of peace. This ambiguity

of terms appears to have been the result of a conflict between jealousy

and conviction; between the desire of excluding such establishments

at all events, and the persuasion that an absolute exclusion would be

unwise and unsafe.

Can it be doubted that such a provision, whenever the situation of

public affairs was understood to require a departure from it, would be

interpreted by the legislature into a mere admonition, and would be made

to yield to the necessities or supposed necessities of the State? Let

the fact already mentioned, with respect to Pennsylvania, decide. What

then (it may be asked) is the use of such a provision, if it cease to

operate the moment there is an inclination to disregard it?

Let us examine whether there be any comparison, in point of efficacy,

between the provision alluded to and that which is contained in the new

Constitution, for restraining the appropriations of money for military

purposes to the period of two years. The former, by aiming at too much,

is calculated to effect nothing; the latter, by steering clear of an

imprudent extreme, and by being perfectly compatible with a proper

provision for the exigencies of the nation, will have a salutary and

powerful operation.

The legislature of the United States will be OBLIGED, by this provision,

once at least in every two years, to deliberate upon the propriety of

keeping a military force on foot; to come to a new resolution on the

point; and to declare their sense of the matter, by a formal vote in

the face of their constituents. They are not AT LIBERTY to vest in the

executive department permanent funds for the support of an army, if they

were even incautious enough to be willing to repose in it so improper

a confidence. As the spirit of party, in different degrees, must be

expected to infect all political bodies, there will be, no doubt,

persons in the national legislature willing enough to arraign the

measures and criminate the views of the majority. The provision for

the support of a military force will always be a favorable topic

for declamation. As often as the question comes forward, the public

attention will be roused and attracted to the subject, by the party in

opposition; and if the majority should be really disposed to exceed the

proper limits, the community will be warned of the danger, and will have

an opportunity of taking measures to guard against it. Independent of

parties in the national legislature itself, as often as the period of

discussion arrived, the State legislatures, who will always be not

only vigilant but suspicious and jealous guardians of the rights of

the citizens against encroachments from the federal government, will

constantly have their attention awake to the conduct of the national

rulers, and will be ready enough, if any thing improper appears, to

sound the alarm to the people, and not only to be the VOICE, but, if

necessary, the ARM of their discontent.

Schemes to subvert the liberties of a great community REQUIRE TIME to

mature them for execution. An army, so large as seriously to menace

those liberties, could only be formed by progressive augmentations;

which would suppose, not merely a temporary combination between the

legislature and executive, but a continued conspiracy for a series of

time. Is it probable that such a combination would exist at all? Is it

probable that it would be persevered in, and transmitted along through

all the successive variations in a representative body, which biennial

elections would naturally produce in both houses? Is it presumable, that

every man, the instant he took his seat in the national Senate or House

of Representatives, would commence a traitor to his constituents and to

his country? Can it be supposed that there would not be found one man,

discerning enough to detect so atrocious a conspiracy, or bold or honest

enough to apprise his constituents of their danger? If such presumptions

can fairly be made, there ought at once to be an end of all delegated

authority. The people should resolve to recall all the powers they have

heretofore parted with out of their own hands, and to divide themselves

into as many States as there are counties, in order that they may be

able to manage their own concerns in person.

If such suppositions could even be reasonably made, still the

concealment of the design, for any duration, would be impracticable. It

would be announced, by the very circumstance of augmenting the army

to so great an extent in time of profound peace. What colorable reason

could be assigned, in a country so situated, for such vast augmentations

of the military force? It is impossible that the people could be long

deceived; and the destruction of the project, and of the projectors,

would quickly follow the discovery.

It has been said that the provision which limits the appropriation of

money for the support of an army to the period of two years would be

unavailing, because the Executive, when once possessed of a force large

enough to awe the people into submission, would find resources in that

very force sufficient to enable him to dispense with supplies from

the acts of the legislature. But the question again recurs, upon what

pretense could he be put in possession of a force of that magnitude in

time of peace? If we suppose it to have been created in consequence of

some domestic insurrection or foreign war, then it becomes a case not

within the principles of the objection; for this is levelled against

the power of keeping up troops in time of peace. Few persons will be so

visionary as seriously to contend that military forces ought not to be

raised to quell a rebellion or resist an invasion; and if the defense of

the community under such circumstances should make it necessary to

have an army so numerous as to hazard its liberty, this is one of those

calamities for which there is neither preventative nor cure. It cannot

be provided against by any possible form of government; it might even

result from a simple league offensive and defensive, if it should ever

be necessary for the confederates or allies to form an army for common

defense.

But it is an evil infinitely less likely to attend us in a united than

in a disunited state; nay, it may be safely asserted that it is an evil

altogether unlikely to attend us in the latter situation. It is not

easy to conceive a possibility that dangers so formidable can assail

the whole Union, as to demand a force considerable enough to place our

liberties in the least jeopardy, especially if we take into our view

the aid to be derived from the militia, which ought always to be counted

upon as a valuable and powerful auxiliary. But in a state of disunion

(as has been fully shown in another place), the contrary of this

supposition would become not only probable, but almost unavoidable.

PUBLIUS

FEDERALIST No. 27

The Same Subject Continued (The Idea of Restraining the Legislative

Authority in Regard to the Common Defense Considered)

From the New York Packet. Tuesday, December 25, 1787.

HAMILTON

To the People of the State of New York:

IT HAS been urged, in different shapes, that a Constitution of the kind

proposed by the convention cannot operate without the aid of a military

force to execute its laws. This, however, like most other things

that have been alleged on that side, rests on mere general assertion,

unsupported by any precise or intelligible designation of the reasons

upon which it is founded. As far as I have been able to divine

the latent meaning of the objectors, it seems to originate in a

presupposition that the people will be disinclined to the exercise

of federal authority in any matter of an internal nature. Waiving any

exception that might be taken to the inaccuracy or inexplicitness of the

distinction between internal and external, let us inquire what ground

there is to presuppose that disinclination in the people. Unless we

presume at the same time that the powers of the general government will

be worse administered than those of the State government, there seems to

be no room for the presumption of ill-will, disaffection, or opposition

in the people. I believe it may be laid down as a general rule that

their confidence in and obedience to a government will commonly be

proportioned to the goodness or badness of its administration. It must

be admitted that there are exceptions to this rule; but these exceptions

depend so entirely on accidental causes, that they cannot be considered

as having any relation to the intrinsic merits or demerits of a

constitution. These can only be judged of by general principles and

maxims.

Various reasons have been suggested, in the course of these papers,

to induce a probability that the general government will be better

administered than the particular governments; the principal of which

reasons are that the extension of the spheres of election will present

a greater option, or latitude of choice, to the people; that through

the medium of the State legislatures which are select bodies of men, and

which are to appoint the members of the national Senate there is reason

to expect that this branch will generally be composed with peculiar care

and judgment; that these circumstances promise greater knowledge and

more extensive information in the national councils, and that they will

be less apt to be tainted by the spirit of faction, and more out of

the reach of those occasional ill-humors, or temporary prejudices and

propensities, which, in smaller societies, frequently contaminate

the public councils, beget injustice and oppression of a part of the

community, and engender schemes which, though they gratify a momentary

inclination or desire, terminate in general distress, dissatisfaction,

and disgust. Several additional reasons of considerable force, to

fortify that probability, will occur when we come to survey, with a more

critical eye, the interior structure of the edifice which we are invited

to erect. It will be sufficient here to remark, that until satisfactory

reasons can be assigned to justify an opinion, that the federal

government is likely to be administered in such a manner as to render

it odious or contemptible to the people, there can be no reasonable

foundation for the supposition that the laws of the Union will meet with

any greater obstruction from them, or will stand in need of any other

methods to enforce their execution, than the laws of the particular

members.

The hope of impunity is a strong incitement to sedition; the dread of

punishment, a proportionably strong discouragement to it. Will not the

government of the Union, which, if possessed of a due degree of power,

can call to its aid the collective resources of the whole Confederacy,

be more likely to repress the FORMER sentiment and to inspire the

LATTER, than that of a single State, which can only command the

resources within itself? A turbulent faction in a State may easily

suppose itself able to contend with the friends to the government in

that State; but it can hardly be so infatuated as to imagine itself a

match for the combined efforts of the Union. If this reflection be

just, there is less danger of resistance from irregular combinations of

individuals to the authority of the Confederacy than to that of a single

member.

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.

FEDERALIST No. 28

The Same Subject Continued (The Idea of Restraining the Legislative

Authority in Regard to the Common Defense Considered)

For the Independent Journal. Wednesday, December 26, 1787

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?

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