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.

FEDERALIST No. 29

Concerning the Militia

From the New York Packet. Wednesday, January 9, 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 conviction?

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.

A sample of this is to be observed in the exaggerated and improbable

suggestions which have taken place respecting the power of calling for

the services of the militia. That of New Hampshire is to be marched to

Georgia, of Georgia to New Hampshire, of New York to Kentucky, and of

Kentucky to Lake Champlain. Nay, the debts due to the French and Dutch

are to be paid in militiamen instead of louis d'ors and ducats. At one

moment there is to be a large army to lay prostrate the liberties of the

people; at another moment the militia of Virginia are to be dragged from

their homes five or six hundred miles, to tame the republican contumacy

of Massachusetts; and that of Massachusetts is to be transported an

equal distance to subdue the refractory haughtiness of the aristocratic

Virginians. Do the persons who rave at this rate imagine that their

art or their eloquence can impose any conceits or absurdities upon the

people of America for infallible truths?

If there should be an army to be made use of as the engine of despotism,

what need of the militia? If there should be no army, whither would

the militia, irritated by being called upon to undertake a distant and

hopeless expedition, for the purpose of riveting the chains of slavery

upon a part of their countrymen, direct their course, but to the seat

of the tyrants, who had meditated so foolish as well as so wicked a

project, to crush them in their imagined intrenchments of power, and

to make them an example of the just vengeance of an abused and incensed

people? Is this the way in which usurpers stride to dominion over

a numerous and enlightened nation? Do they begin by exciting the

detestation of the very instruments of their intended usurpations? Do

they usually commence their career by wanton and disgustful acts

of power, calculated to answer no end, but to draw upon themselves

universal hatred and execration? Are suppositions of this sort the sober

admonitions of discerning patriots to a discerning people? Or are they

the inflammatory ravings of incendiaries or distempered enthusiasts?

If we were even to suppose the national rulers actuated by the most

ungovernable ambition, it is impossible to believe that they would

employ such preposterous means to accomplish their designs.

In times of insurrection, or invasion, it would be natural and proper

that the militia of a neighboring State should be marched into another,

to resist a common enemy, or to guard the republic against the violence

of faction or sedition. This was frequently the case, in respect to the

first object, in the course of the late war; and this mutual succor is,

indeed, a principal end of our political association. If the power of

affording it be placed under the direction of the Union, there will

be no danger of a supine and listless inattention to the dangers of

a neighbor, till its near approach had superadded the incitements of

self-preservation to the too feeble impulses of duty and sympathy.

PUBLIUS

FEDERALIST No. 30

Concerning the General Power of Taxation

From the New York Packet. Friday, December 28, 1787.

HAMILTON

To the People of the State of New York:

IT HAS been already observed that the federal government ought to

possess the power of providing for the support of the national forces;

in which proposition was intended to be included the expense of raising

troops, of building and equipping fleets, and all other expenses in any

wise connected with military arrangements and operations. But these are

not the only objects to which the jurisdiction of the Union, in respect

to revenue, must necessarily be empowered to extend. It must embrace a

provision for the support of the national civil list; for the payment

of the national debts contracted, or that may be contracted; and, in

general, for all those matters which will call for disbursements out of

the national treasury. The conclusion is, that there must be interwoven,

in the frame of the government, a general power of taxation, in one

shape or another.

Money is, with propriety, considered as the vital principle of the body

politic; as that which sustains its life and motion, and enables it to

perform its most essential functions. A complete power, therefore, to

procure a regular and adequate supply of it, as far as the resources

of the community will permit, may be regarded as an indispensable

ingredient in every constitution. From a deficiency in this particular,

one of two evils must ensue; either the people must be subjected to

continual plunder, as a substitute for a more eligible mode of supplying

the public wants, or the government must sink into a fatal atrophy, and,

in a short course of time, perish.

In the Ottoman or Turkish empire, the sovereign, though in other

respects absolute master of the lives and fortunes of his subjects, has

no right to impose a new tax. The consequence is that he permits the

bashaws or governors of provinces to pillage the people without mercy;

and, in turn, squeezes out of them the sums of which he stands in need,

to satisfy his own exigencies and those of the state. In America, from

a like cause, the government of the Union has gradually dwindled into a

state of decay, approaching nearly to annihilation. Who can doubt,

that the happiness of the people in both countries would be promoted by

competent authorities in the proper hands, to provide the revenues which

the necessities of the public might require?

The present Confederation, feeble as it is intended to repose in the

United States, an unlimited power of providing for the pecuniary wants

of the Union. But proceeding upon an erroneous principle, it has been

done in such a manner as entirely to have frustrated the intention.

Congress, by the articles which compose that compact (as has already

been stated), are authorized to ascertain and call for any sums of money

necessary, in their judgment, to the service of the United States; and

their requisitions, if conformable to the rule of apportionment, are

in every constitutional sense obligatory upon the States. These have no

right to question the propriety of the demand; no discretion beyond

that of devising the ways and means of furnishing the sums demanded.

But though this be strictly and truly the case; though the assumption of

such a right would be an infringement of the articles of Union; though

it may seldom or never have been avowedly claimed, yet in practice it

has been constantly exercised, and would continue to be so, as long

as the revenues of the Confederacy should remain dependent on the

intermediate agency of its members. What the consequences of this system

have been, is within the knowledge of every man the least conversant in

our public affairs, and has been amply unfolded in different parts of

these inquiries. It is this which has chiefly contributed to reduce

us to a situation, which affords ample cause both of mortification to

ourselves, and of triumph to our enemies.

What remedy can there be for this situation, but in a change of the

system which has produced it in a change of the fallacious and delusive

system of quotas and requisitions? What substitute can there be imagined

for this ignis fatuus in finance, but that of permitting the national

government to raise its own revenues by the ordinary methods of taxation

authorized in every well-ordered constitution of civil government?

Ingenious men may declaim with plausibility on any subject; but no

human ingenuity can point out any other expedient to rescue us from the

inconveniences and embarrassments naturally resulting from defective

supplies of the public treasury.

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