erous 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.
The 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.
There 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 dis
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