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What Is AWell Regulated Militia? Federalist Paper 29 by Alexander Hamilton Summary A well regulated militia is a subset of armed citizens who not only say they will be there when stuft hits the fan but also train on a regular basis to be proficient in military discipline and tactics In order to have a well regulated militia requires allowing all citizens to be armed armed citizens some belong to the general militia armed citizens who are on record to be there when stuff hits the fan some belong to the well regulated militia armed citizens who regularly train and are organized MAme facebo贸kcomConstitutionalConservatives1 The Federalist 29 Concerning the Militia Hamilton for the Daily Advertiser Thursday January 10 1788 To the People of the State of New York THE power of regulating the militia and of commanding its services in times of insurrection and invasion are natural incidents to the duties of superintending the common defense and of watching over the internal peace of the Confederacy It requires no skill in the science of war to discern that uniformity in the organization and discipline of the militia would be attended with the most beneficial effects whenever they were called into service for the public defense It would enable them to discharge the duties of the camp and of the field with mutual intelligence and concert an advantage of peculiar moment in the operations of an army and it would fit them much sooner to acquire the degree of proficiency in military functions which would be essential to their usefulness This desirable uniformity can only be accomplished by confiding the regulation of the militia to the direction of the national authority It is therefore with the most evident propriety that the plan of the convention proposes to empower the Union ``to provide for organizing arming and disciplining the militia and for governing such part of them as may be employed in the service of the United States reserving to the states respectively the appointment of the officers and the authority of training the militia according to the discipline prescribed by congress'' Of the different grounds which have been taken in opposition to the plan of the convention there is none that was so little to have been expected or is so untenable in itself as the one from which this particular provision has been attacked If a well-regulated militia be the most natural defense of a free country it ought certainly to be under the regulation and at the disposal of that body which is constituted the guardian of the national security If standing armies are dangerous to liberty an efficacious power over the militia in the body to whose care the protection of the State is committed ought as far as possible to take away the inducement and the pretext to such unfriendly institutions If the federal government can command the aid of the militia in those emergencies which call for the military arm in support of the civil magistrate it can the better dispense with the employment of a different kind of force If it cannot avail itself of the former it will be obliged to recur to the latter To render an army unnecessary will be a more certain method of preventing its existence than a thousand prohibitions upon paper In order to cast an odium upon the power of calling forth the militia to execute the laws of the Union it has been remarked that there is nowhere any provision in the proposed Constitution for calling out the posse comitatus to assist the magistrate in the execution of his duty whence it has been inferred that military force was intended to be his only auxiliary There is a striking incoherence in the objections which have appeared and sometimes even from the same quarter not much calculated to inspire a very favorable opinion of the sincerity or fair dealing of their authors The same persons who tell us in one breath that the powers of the federal government will be despotic and unlimited inform us in the next that it has not authority sufficient even to call out the posse comitatus The latter fortunately is as much short of the truth as the former exceeds it It would be as absurd to doubt that a right to pass all laws necessary and proper to execute its declared powers would include that of requiring the assistance of the citizens to the officers who may be intrusted with the execution of those laws as it would be to believe that a right to enact laws necessary and proper for the imposition and collection of taxes would involve that of varying the rules of descent and of the alienation of landed property or of abolishing the trial by jury in cases relating to it It being therefore evident that the supposition of a want of power to require the aid of the posse comitatus is entirely destitute of color it will follow that the conclusion which has been drawn from it in its application to the authority of the federal government over the militia is as uncandid as it is illogical What reason could there be to infer that force was intended to be the sole instrument of authority merely because there is a power to make use of it when necessary? What shall we think of the motives which could induce men of sense to reason in this manner? How shall we prevent a conflict between charity and judgment? By a curious refinement upon the spirit of republican jealousy we are even taught to apprehend danger from the militia itself in the hands of the federal government It is observed that select corps may be formed composed of the young and ardent who may be rendered subservient to the views of arbitrary power What plan for the regulation of the militia may be pursued by the national government is impossible to be foreseen But so far from viewing the matter in the same light with those who object to select corps as dangerous were the Constitution ratified and were I to deliver my sentiments to a member of the federal legislature from this State on the subject of a militia establishment I should hold to him in substance the following discourse ``The project of disciplining all the militia of the United States is as futile as it would be injurious if it were capable of being carried into execution A tolerable expertness in military movements is a business that requires time and practice It is not a day or even a week that will suffice for the attainment of it To oblige the great body of the yeomanry and of the other classes of the citizens to be under arms for the purpose of going through military exercises and evolutions as often as might be necessary to acquire the degree of perfection which would entitle them to the character of a well-regulated militia would be a real grievance to the people and a serious public inconvenience and loss It would form an annual deduction from the productive labor of the country to an amount which calculating upon the present numbers of the people would not fall far short of the whole expense of the civil establishments of all the States To attempt a thing which would abridge the mass of labor and industry to so considerable an extent would be unwise and the experiment if made could not succeed because it would not long be endured Little more can reasonably be aimed at with respect to the people at large than to have them properly armed and equipped and in order to see that this be not neglected it will be necessary to assemble them once or twice in the course of a year ``But though the scheme of disciplining the whole nation must be abandoned as mischievous or impracticable yet it is a matter of the utmost importance that a well-digested plan should as soon as possible be adopted for the proper establishment of the militia The attention of the government ought particularly to be directed to the formation of a select corps of moderate extent upon such principles as will really fit them for service in case of need By thus circumscribing the plan it will be possible to have an excellent body of well-trained militia ready to take the field whenever the defense of the State shall require it This will not only lessen the call for military establishments but if circumstances should at any time oblige the government to form an army of any magnitude that army can never be formidable to the liberties of the people while there is a large body of citizens little if at all inferior to them in discipline and the use of arms who stand ready to defend their own rights and those of their fellow-citizens This appears to me the only substitute that can be devised for a standing army and the best possible security against it if it should exist'' Thus differently from the adversaries of the proposed Constitution should I reason on the same subject deducing arguments of safety from the very sources which they represent as fraught with danger and perdition But how the national legislature may reason on the point is a thing which neither they nor I can foresee There is something so far-fetched and so extravagant in the idea of danger to liberty from the militia that one is at a loss whether to treat it with gravity or with raillery whether to consider it as a mere trial of skill like the paradoxes of rhetoricians as a disingenuous artifice to instil prejudices at any price or as the serious offspring of political fanaticism Where in the name of common-sense are our fears to end if we may not trust our sons our brothers our neighbors our fellow-citizens? What shadow of danger can there be from men who are daily mingling with the rest of their countrymen and who participate with them in the same feelings sentiments habits and interests? What reasonable cause of apprehension can be inferred from a power in the Union to prescribe regulations for the militia and to command its services when necessary while the particular States are to have the sole and exclusive appointment of the officers? If it were possible seriously to indulge a jealousy of the militia upon any conceivable establishment under the federal government the circumstance of the officers being in the appointment of the States ought at once to extinguish it There can be no doubt that this circumstance will always secure to them a preponderating influence over the militia In reading many of the publications against the Constitution a man is apt to imagine that he is perusing some ill-written tale or romance which instead of natural and agreeable images exhibits to the mind nothing but frightful and distorted shapes ``Gorgons hydras and chimeras dire'' discoloring and disfiguring whatever it represents and transforming everything it touches into a monster A sample of this is to be observed in the exaggerated and improbable suggestions which have taken place respecting the power of calling for the services of the militia That of New Hampshire is to be marched to Georgia of Georgia to New Hampshire of New York to Kentucky and of Kentucky to Lake Champlain Nay the debts due to the French and Dutch are to be paid in militiamen instead of louis d'ors and ducats At one moment there is to be a large army to lay prostrate the liberties of the people at another moment the militia of Virginia are to be dragged from their homes five or six hundred miles to tame the republican contumacy of Massachusetts and that of Massachusetts is to be transported an equal distance to subdue the refractory haughtiness of the aristocratic Virginians Do the persons who rave at this rate imagine that their art or their eloquence can impose any conceits or absurdities upon the people of America for infallible truths? If there should be an army to be made use of as the engine of despotism what need of the militia? If there should be no army whither would the militia irritated by being called upon to undertake a distant and hopeless expedition for the purpose of riveting the chains of slavery upon a part of their countrymen direct their course but to the seat of the tyrants who had meditated so foolish as well as so wicked a project to crush them in their imagined intrenchments of power and to make them an example of the just vengeance of an abused and incensed people? Is this the way in which usurpers stride to dominion over a numerous and enlightened nation? Do they begin by exciting the detestation of the very instruments of their intended usurpations? Do they usually commence their career by wanton and disgustful acts of power calculated to answer no end but to draw upon themselves universal hatred and execration? Are suppositions of this sort the sober admonitions of discerning patriots to a discerning people? Or are they the inflammatory ravings of incendiaries or distempered enthusiasts? If we were even to suppose the national rulers actuated by the most ungovernable ambition it is impossible to believe that they would employ such preposterous means to accomplish their designs In times of insurrection or invasion it would be natural and proper that the militia of a neighboring State should be marched into another to resist a common enemy or to guard the republic against the violence of faction or sedition This was frequently the case in respect to the first object in the course of the late war and this mutual succor is indeed a principal end of our political association If the power of affording it be placed under the direction of the Union there will be no danger of a supine and listless inattention to the dangers of a neighbor till its near approach had superadded the incitements of selfpreservation to the too feeble impulses of duty and sympathy Publius Meme

found @ 58 likes ON 2019-03-16 10:26:18 BY ME.ME

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