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To The People of
the State of New York:
OOOOTo 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.
OOOOIt 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.
OOOOA 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.
OOOOIf 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.
OOOODisappointed 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.
OOOOIf, 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.
OOOOStill, 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.
OOOOIf 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.
OOOOBut 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.
OOOOThough 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.
OOOOPrevious 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.
OOOOIn 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.
OOOOIf 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.
OOOOPUBLIUS.
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.
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