Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
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Essays on the Constitution of the United States: Published during its Discussion by the People, 1787-1788
Constitutional history -- United States -- Sources; United States. Constitution
That a system may enable government wantonly to exercise power over the
militia, to call out an unreasonable number from any particular state
without its permission, and to march them upon, and continue them in,
remote and improper services; that the same system should enable the
government totally to discard, render useless, and even disarm, the
militia, when it would remove them out of the way of opposing its
ambitious views, is by no means inconsistent, and is really the case in
the proposed constitution. In both these respects it is, in my opinion,
highly faulty, and ought to be amended. In the proposed system the general
government has a power not only without the consent, but contrary to the
will of the state government, to call out the whole of its militia,
without regard to religious scruples, or any other consideration, and to
continue them in service as long as it pleases, thereby subjecting the
freemen of a whole state to martial law and reducing them to the situation
of slaves. It has also, by another clause, the powers by which only the
militia can be organized and armed, and by the neglect of which they may
be rendered utterly useless and insignificant, when it suits the ambitious
purposes of government. Nor is the suggestion unreasonable, even if it had
been made, that the government might improperly oppress and harass the
militia, the better to reconcile them to the idea of regular troops, who
might relieve them from the burthen, and to render them less opposed to
the measures it might be disposed to adopt for the purpose of reducing
them to that state of insignificancy and uselessness. When the Landholder
declared that “I contended the powers and authorities of the new
constitution must destroy the liberties of the people,” he for once
stumbled on the truth, but even this he could not avoid coupling with an
assertion utterly false. I never suggested that “the same powers could be
safely entrusted to the old Congress;” on the contrary, I opposed many of
the powers as being of that nature that, in my opinion, they could not be
entrusted to any government whatever consistent with the freedom of the
states and their citizens, and I earnestly recommended, what I wish my
fellow citizens deeply to impress on your minds, that in altering or
amending our federal government no greater powers ought to be given than
experience has shown to be necessary, since it will be easy to delegate
further power when time shall dictate the expediency or necessity, but
powers once bestowed upon a government, should they be found ever so
dangerous or destructive to freedom, cannot be resumed or wrested from
government but by another revolution.
LUTHER MARTIN.
_Baltimore, March 14, 1788._
Luther Martin, IV.
The Maryland Journal, (Number 1022)
FRIDAY, MARCH 21, 1788.
Number II.
TO THE CITIZENS OF MARYLAND.
Public-domain text, read in full here on John Shaqi.
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