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Federalist No. 24
The Powers Necessary to the Common Defense Further Considered
For the Independent Journal.
Author: Alexander Hamilton
To the People of the State of New York:
To 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.
It 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.
A 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.
If 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.
Disappointed 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.
If, 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.
Still, 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.
If 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.
But 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.
Though 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.
Previous 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.
In 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.
If 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.
PUBLIUS 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.
Federalist No. 25 -->
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