Article 1, Section 8, Clause 12

Document 7

Alexander Hamilton, Continental Congress Report on a Military Peace Establishment

The Committee observe with respect to a military peace establishment, that before any plan can with propriety be adopted, it is necessary to inquire what powers exist for that purpose in the confederation.

By the 4th. clause of the 6th article it is declared that "no vessels of war shall be kept up by any state in time of peace, except such number only as shall be deemed necessary by the United States in Congress assembled, for the defence of such state or its trade; nor shall any body of forces be kept up by any state in time of peace, except such number only, as in the judgment of the United States in Congress assembled shall be deemed requisite to garrison the forts necessary for the defence of such state."

By the 5th. clause of the 9th article, The United States in Congress assembled are empowered generally (and without mention of peace or war) "to build and equip a navy, to agree upon the number of land forces, and to make requisitions from each state for its quota, in proportion to the number of white inhabitants in each state, which requisition shall be binding, and thereupon the legislature of each state, shall appoint the Regimental officers, raise the men and clothe arm and equip them in a soldier-like manner at the expence of the United States and the officers and men so cloathed armed and equipped shall march to the place appointed and within the time agreed on by the United States in Congress assembled."

By the 4th. clause of the same article the United States are empowered "to appoint all officers of the land forces except regimental officers, to appoint all officers of the naval forces, and to commission all officers whatever in the service of the United States, making rules for the government and regulation of the said land and naval forces and directing their operations."

It appears to the Committee that the terms of the first clause are rather restrictive on the particular states than directory to the United States, intended to prevent any state from keeping up forces land or naval without the approbation and sanction of the Union, which might endanger its tranquillity and harmony, and not to contravene the positive power vested in the United States by the subsequent clauses, or to deprive them of the right of taking such precautions as should appear to them essential to the general security. A distinction that this is to be provided for in time of war, by the forces of the Union, in time of peace, by those of each state would involve, besides other inconveniences, this capital one, that when the forces of the Union should become necessary to defend its rights and repel any attacks upon them, the United States would be obliged to begin to create at the very moment they would have occasion to employ a fleet and army. They must wait for an actual commencement of hostilities before they would be authorised to prepare for defence, to raise a single regiment or to build a single ship. When it is considered what a length of time is requisite to levy and form an army and still more to build and equip a navy, which is evidently a work of leisure and of peace requiring a gradual preparation of the means--there cannot be presumed so improvident an intention in the Confederation as that of obliging the United States to suspend all provision for the common defence 'till a declaration of war or an invasion. If this is admitted it will follow that they are at liberty to make such establishments in time of peace as they shall judge requisite to the common safety. This is a principle of so much importance in the apprehension of the Committee to the welfare of the union, that if any doubt should exist as to the true meaning of the first-mentioned clause, it will in their opinion be proper to admit such a construction as will leave the general power, vested in the United States by the other clauses, in full force; unless the states respectively or a Majority of them shall declare a different interpretation. The Committee however submit to Congress, (in conformity to that spirit of Candour and to that respect for the sense of their constituents, which ought ever to characterize their proceedings) the propriety of transmitting the plan which they may adopt to the several states to afford an opportunity of signifying their sentiments previous to its final execution.

The Committee, are of opinion, if there is a con[s]titutional power in the United States for that purpose, that there are conclusive reasons in favour of foederal in preference to state establishments.

First there are objects for which separate provision cannot conveniently be made; posts within certain districts, the ju[r]isdiction and property of which are not yet constitutionally ascertained--territory appertaining to the United States not within the original claim of any of the states--the navigation of the Missippi and of the lakes--the rights of the fisheries and of foreign commerce; all which belonging to the United States depending on the laws of nations and on treaty, demand the joint protection of the Union, and cannot with propriety be trusted to separate establishments.

Secondly, the fortifications proper to be established ought to be constructed with relation to each other on a general and well-digested system and their defence should be calculated on the same principles. This is equally important in the double view of safety and oeconomy. If this is not done under the direction of the United States, each state following a partial and disjointed plan, it will be found that the posts will have no mutual dependence or support--that they will be improperly distributed, and more numerous than is necessary as well as less efficacious--of course more easily reduced and more expensive both in the construction and defence.

3dly. It happens, that from local circumstances particular states, if left to take care of themselves, would be in possession of the chief part of the standing forces and of the principal fortified places of the union; a circumstance inconvenient to them and to the United States--to them, because it would impose a heavy exclusive burthen in a matter the benefit of which will be immediately shared by their neighbours and ultimately by the states at large--to the United States, because it confides the care of the safety of the whole to a part, which will naturally be unwilling as well as unable to make such effectual provision at its particular expence, as the common welfare requires--because a single state from the peculiarity of its situation, will in a manner keep the keys of the United States--because in fine a considerable force in the hands of a few states may have an unfriendly aspect on the confidence and harmony which ought carefully to be maintained between the whole.

4thly. It is probable that a provision by the Congress of the forces necessary to be kept up will be based upon a more systematic and oeconomical plan than a provision by the states separately; especially as it will be of importance as soon as the situation of affairs will permit, to establish founderies, manufactaries of arms, powder &c; by means of which the labour of a part of the troops applied to this purpose will furnish the United States with those essential articles on easy terms, and contribute to their own support.

5thly. There must be a corps of Artillery and Engineers kept on foot in time of peace, as the officers of this corps require science and long preliminary study, and cannot be formed on an emergency; and as the neglect of this institution would always oblige the United States to have recourse to foreigners in time of war for a supply of officers in this essential branch--an inconvenience which it ought to be the object of every nation to avoid. Nor indeed is it possible to dispense with the service of such a corps in time of peace, as it will be indispensable not only to have posts on the frontier; but to have fortified harbours for the reception and protection of the fleet of the United States. This corps requiring particular institutions for the instruction and formation of the officers cannot exist upon separate establishments without a great increase of expence.

6thly. It appears from the annexed papers No. 1 to 4, to be the concurrent opinion of the Commander in Chief, the Secretary at War, the Inspector General and the Chief Engineer, not only that some militia establishment is indispensable but that it ought in all respects to be under the authority of the United States as well for military as political reasons. The plan hereafter submitted on considerations of oeconomy is less extensive than proposed by either of them.

The Committee upon these principles submit the following plan.

The Military peace establishment of the United States to consist of four regiments of infantry, and, one of Artillery incorporated in a corps of Engineers, with the denomination of the corps of Engineers.

Each Regiment of infantry to consist of two batalions, each batalion of four companies, each company of 64 rank and file, with the following, commissioned and Non commissioned officers, pay, rations and cloathing; to be however recruited to one hundred & twenty eight rank & file in time of war, preserving the proportion of corporals to privates.

The Founders' Constitution
Volume 3, Article 1, Section 8, Clause 12, Document 7
http://press-pubs.uchicago.edu/founders/documents/a1_8_12s7.html
The University of Chicago Press

The Papers of Alexander Hamilton. Edited by Harold C. Syrett et al. 26 vols. New York and London: Columbia University Press, 1961--79. See also: Federalist

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