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Federalist No. 28
The Same Subject Continued:
The Idea of Restraining the Legislative Authority in Regard to
the Common Defense Considered
For the Independent Journal.
Author: Alexander Hamilton
To the People of the State of New York:
THAT there may happen cases in which the national government
may be necessitated to resort to force, cannot be denied. Our
own experience has corroborated the lessons taught by the examples
of other nations; that emergencies of this sort will sometimes
arise in all societies, however constituted; that seditions and
insurrections are, unhappily, maladies as inseparable from the
body politic as tumors and eruptions from the natural body; that
the idea of governing at all times by the simple force of law
(which we have been told is the only admissible principle of
republican government), has no place but in the reveries of those
political doctors whose sagacity disdains the admonitions of
experimental instruction.
Should such emergencies at any time happen under the national
government, there could be no remedy but force. The means to
be employed must be proportioned to the extent of the mischief.
If it should be a slight commotion in a small part of a State,
the militia of the residue would be adequate to its suppression;
and the national presumption is that they would be ready to do
their duty. An insurrection, whatever may be its immediate cause,
eventually endangers all government. Regard to the public peace,
if not to the rights of the Union, would engage the citizens
to whom the contagion had not communicated itself to oppose the
insurgents; and if the general government should be found in
practice conducive to the prosperity and felicity of the people,
it were irrational to believe that they would be disinclined
to its support.
If, on the contrary, the insurrection should pervade a whole
State, or a principal part of it, the employment of a different
kind of force might become unavoidable. It appears that Massachusetts
found it necessary to raise troops for repressing the disorders
within that State; that Pennsylvania, from the mere apprehension
of commotions among a part of her citizens, has thought proper
to have recourse to the same measure. Suppose the State of New
York had been inclined to re-establish her lost jurisdiction
over the inhabitants of Vermont, could she have hoped for success
in such an enterprise from the efforts of the militia alone?
Would she not have been compelled to raise and to maintain a
more regular force for the execution of her design? If it must
then be admitted that the necessity of recurring to a force different
from the militia, in cases of this extraordinary nature, is applicable
to the State governments themselves, why should the possibility,
that the national government might be under a like necessity,
in similar extremities, be made an objection to its existence?
Is it not surprising that men who declare an attachment to the
Union in the abstract, should urge as an objection to the proposed
Constitution what applies with tenfold weight to the plan for
which they contend; and what, as far as it has any foundation
in truth, is an inevitable consequence of civil society upon
an enlarged scale? Who would not prefer that possibility to the
unceasing agitations and frequent revolutions which are the continual
scourges of petty republics?
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 -->
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