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Article 1, Section 8, Clause 12

Document 19

James Iredell, Marcus, Answers to Mr. Mason's Objections to the New Constitution

1788Pamphlets 363--66

The subject of a standing army has been exhausted in so masterly a manner in two or three numbers of the Federalist (a work which I hope will soon be in every body's hands) that but for the sake of regularity in answering Mr. Mason's objections, I should not venture upon the same topic, and shall only presume to do so, with a reference for fuller satisfaction to that able performance. It is certainly one of the most delicate and proper cases for the consideration of a free people, and so far as a jealousy of this kind leads to any degree of caution not incompatible with the public safety, it is undoubtedly to be commended. Our jealousy of this danger has descended to us from our British ancestors; in that country they have a Monarch, whose power being limited, and at the same time his prerogatives very considerable, a constant jealousy of him is both natural and proper. The two last of the Stuarts having kept up a considerable body of standing forces in time of peace for the clear and almost avowed purpose of subduing the liberties of the people, it was made an article of the bill of rights at the revolution, "That the raising or keeping a standing army within the kingdom in time of peace, unless it be with the consent of Parliament, is against law;" but no attempt was made, or I dare say even thought of, to restrain the Parliament from exercise of that right. An army has been kept on foot annually by authority of Parliament, and I believe ever since the revolution they have had some standing troops; disputes have frequently happened about the number, but I don't recollect any objection by the most zealous patriot, to the keeping up of any at all. At the same time, notwithstanding the above practice of an annual vote (arising from a very judicious caution), it is still in the power of Parliament to authorize the keeping up of any number of troops for an indefinite time, and to provide for their subsistence for any number of years. Considerations of prudence, not constitutional limits to their authority, alone restrain such an exercise of it--our Legislature however will be strongly guarded, though that of Great Britain is without any check at all. No appropriations of money for military services can continue longer than two years. Considering the extensive services the general government may have to provide for upon this vast continent, no forces with any serious prospect of success could be attempted to be raised for a shorter time. Its being done for so short a period, if there were any appearance of ill designs in the government, would afford time enough for the real friends of their country to sound an alarm, and when we know how easy it is to excite jealousy of any government, how difficult for the people to distinguish from their real friends, those factious men who in every country are ready to disturb its peace for personal gratifications of their own, and those desperate ones to whom every change is welcome, we shall have much more reason to fear that the government may be overawed by groundless discontents, than that it should be able, if contrary to every probability such a government could be supposed willing, to effect any designs for the destruction of their own liberties as well as those of their constituents; for surely we ought ever to remember, that there will not be a man in the government but who has been either mediately or immediately recently chosen by the people, and that for too limited a time to make any arbitrary designs consistent with common sense, when every two years a new body of representatives with all the energy of popular feelings will come, to carry the strong force of a severe national control into every department of government. To say nothing of the one-third to compose the Senate coming at the same time, warm with popular sentiments, from their respective assemblies. Men may be sure to suggest dangers from any thing, but it may truly be said that those who can seriously suggest the danger of a premeditated attack on the liberties of the people from such a government as this, could with ease assign reasons equally plausible for mistrusting the integrity of any government formed in any manner whatever; and really it does seem to me, that all their reasons may be fairly carried to this position, that inasmuch as any confidence in any men would be unwise, as we can give no power but what may be grossly abused, we had better give none at all, but continue as we are, or resolve into total anarchy at once, of which indeed our present condition falls very little short. What sort of a government would that be which, upon the most certain intelligence that hostilities were meditated against it, could take no method for its defence till after a formal declaration of war, or the enemy's standard was actually fixed upon the shore? The first has for some time been out of fashion, but if it had not, the restraint these gentlemen recommend, would certainly have brought it into disuse with every power who meant to make war upon America. They would be such fools as to give us the only warning we had informed them we would accept of, before we would take any steps to counteract their designs. The absurdity of our being prohibited from preparing to resist an invasion till after it had actually taken place1 is so glaring, that no man can consider it for a moment without being struck with astonishment to see how rashly, and with how little consideration gentlemen, whose characters are certainly respectable, have suffered themselves to be led away by so delusive an idea. The example of other countries, so far from warranting any such limitation of power, is directly against it. That of England has already been particularly noticed. In our present articles of confederation there is no such restriction. It has been observed by the Federalist, that Pennsylvania and North Carolina appear to be the only States in the Union which have attempted any restraint of the Legislative authority in this particular, and that their restraint appears rather in the light of a caution than a prohibition; but notwithstanding that, Pennsylvania had been obliged to raise forces in the very face of that article of her bill of rights. That great writer from the remoteness of his situation, did not know that North Carolina had equally violated her bill of rights in a similar manner. The Legislature of that State in November, 1785, passed an act for raising 200 men for the protection of a county called Davidson county against hostilities from the Indians; they were to continue for two years from the time of their first rendezvous, unless sooner disbanded by the Assembly, and were to be subject to the same "rules with respect to their government as were established in the time of the late war by the Congress of the United States for the government of the Continental army." These are the very words of the act. Thus, from the examples of the only two countries in the world that I believe ever attempted such a restriction, it appears to be a thing incompatible with the safety of government. Whether their restriction is to be considered as a caution or a prohibition, in less than five years after peace the caution has been disregarded, or the prohibition disobeyed. Can the most credulous or suspicious men require stronger proof of the weakness and impolicy of such restraints?

  1. Those gentlemen who gravely tell us that the militia will be sufficient for this purpose, do not recollect that they themselves do not desire we shall rely solely on a militia in case of actual war, and therefore in the case I have supposed they cannot be deemed sufficient even by themselves, for when the enemy landed it would undoubtedly be a time of war, but the misfortune would be, that they would be prepared; we not. Certainly all possible encouragement should be given to the training of our militia, but no man can really believe that they will be sufficient, without the aid of any regular troops, in time of foreign hostility. A powerful militia may make fewer regulars necessary, but will not make it safe to dispense with them altogether.

The Founders' Constitution
Volume 3, Article 1, Section 8, Clause 12, Document 19
The University of Chicago Press

Ford, Paul Leicester, ed. Pamphlets on the Constitution of the United States, Published during Its Discussion by the People, 1787--1788. Brooklyn, 1888. Reprint. New York: De Capo Press, 1968.

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