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To the People of
the State of New York:
OOOOIT WAS a thing hardly to be expected
that in a popular revolution the minds of men should stop at that
happy mean which marks the salutary boundary between POWER and
PRIVILEGE, and combines the energy of government with the security of
private rights. A failure in this delicate and important point is the
great source of the inconveniences we experience, and if we are not
cautious to avoid a repetition of the error, in our future attempts to
rectify and ameliorate our system, we may travel from one chimerical
project to another; we may try change after change; but we shall never
be likely to make any material change for the better.
OOOOThe 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.
OOOOIt 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.
OOOOIn 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.''
OOOOIn 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.
OOOOFrom 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.
OOOOIt 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.
OOOOCan 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?
OOOOLet 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.
OOOOThe 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.
OOOOSchemes 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.
OOOOIf 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.
OOOOIt 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
calamaties 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.
OOOOBut 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.
OOOOPUBLIUS.
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