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To The People of
the State of New York:
OOOOIT 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.
OOOOThe 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 authcrity.
OOOOReasons 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.
OOOOThe 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.
OOOOThere 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.
OOOOThe 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.
OOOOIf, to obviate this consequence, it
should be resolved to extend the prohibition to the RAISING of armies
in time of peace, the United States would then exhibit the most
extraordinary spectacle which the world has yet seen, that of a nation
incapacitated by its Constitution to prepare for defense, before it
was actually invaded. As the ceremony of a formal denunciation of war
has of late fallen into disuse, the presence of an enemy within our
territories must be waited for, as the legal warrant to the government
to begin its levies of men for the protection of the State. We must
receive the blow, before we could even prepare to return it. All that
kind of policy by which nations anticipate distant danger, and meet
the gathering storm, must be abstained from, as contrary to the
genuine maxims of a free government. We must expose our property and
liberty to the mercy of foreign invaders, and invite them by our
weakness to seize the naked and defenseless prey, because we are
afraid that rulers, created by our choice, dependent on our will,
might endanger that liberty, by an abuse of the means necessary to its
preservation
OOOO.Here I expect we shall be told that
the militia of the country is its natural bulwark, and would be at all
times equal to the national defense. This doctrine, in substance, had
like to have lost us our independence. It cost millions to the United
States that might have been saved. The facts which, from our own
experience, forbid a reliance of this kind, are too recent to permit
us to be the dupes of such a suggestion. The steady operations of war
against a regular and disciplined army can only be successfully
conducted by a force of the same kind. Considerations of economy, not
less than of stability and vigor, confirm this position. The American
militia, in the course of the late war, have, by their valor on
numerous occasions, erected eternal monuments to their fame; but the
bravest of them feel and know that the liberty of their country could
not have been established by their efforts alone, however great and
valuable they were. War, like most other things, is a science to be
acquired and perfected by diligence, by perserverance, by time, and by
practice.
OOOOAll violent policy, as it is
contrary to the natural and experienced course of human affairs,
defeats itself. Pennsylvania, at this instant, affords an example of
the truth of this remark. The Bill of Rights of that State declares
that standing armies are dangerous to liberty, and ought not to be
kept up in time of peace. Pennsylvania, nevertheless, in a time of
profound peace, from the existence of partial disorders in one or two
of her counties, has resolved to raise a body of troops; and in all
probability will keep them up as long as there is any appearance of
danger to the public peace. The conduct of Massachusetts affords a
lesson on the same subject, though on different ground. That State
(without waiting for the sanction of Congress, as the articles of the
Confederation require) was compelled to raise troops to quell a
domestic insurrection, and still keeps a corps in pay to prevent a
revival of the spirit of revolt. The particular constitution of
Massachusetts opposed no obstacle to the measure; but the instance is
still of use to instruct us that cases are likely to occur under our
government, as well as under those of other nations, which will
sometimes render a military force in time of peace essential to the
security of the society, and that it is therefore improper in this
respect to control the legislative discretion. It also teaches us, in
its application to the United States, how little the rights of a
feeble government are likely to be respected, even by its own
constituents. And it teaches us, in addition to the rest, how unequal
parchment provisions are to a struggle with public necessity.
OOOOIt was a fundamental maxim of the
Lacedaemonian commonwealth, that the post of admiral should not be
conferred twice on the same person. The Peloponnesian confederates,
having suffered a severe defeat at sea from the Athenians, demanded
Lysander, who had before served with success in that capacity, to
command the combined fleets. The Lacedaemonians, to gratify their
allies, and yet preserve the semblance of an adherence to their
ancient institutions, had recourse to the flimsy subterfuge of
investing Lysander with the real power of admiral, under the nominal
title of vice-admiral. This instance is selected from among a
multitude that might be cited to confirm the truth already advanced
and illustrated by domestic examples; which is, that nations pay
little regard to rules and maxims calculated in their very nature to
run counter to the necessities of society. Wise politicians will be
cautious about fettering the government with restrictions that cannot
be observed, because they know that every breach of the fundamental
laws, though dictated by necessity, impairs that sacred reverence
which ought to be maintained in the breast of rulers towards the
constitution of a country, and forms a precedent for other breaches
where the same plea of necessity does not exist at all, or is less
urgent and palpable.
OOOOPUBLIUS.
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