Constitutional history -- United States -- Sources; Constitutional law -- United States
If, on the contrary, the insurrection should pervade a whole State, or
a principal part of it, the employment of a different kind of force
might become unavoidable. It appears that Massachusetts found it
necessary to raise troops for repressing the disorders within that
State; that Pennsylvania, from the mere apprehension of commotions
among a part of her citizens, has thought proper to have recourse to
the same measure. Suppose the State of New York had been inclined to
re-establish her lost jurisdiction over the inhabitants of Vermont,
could she have hoped for success in such an enterprise from the efforts
of the militia alone? Would she not have been compelled to raise and to
maintain a more regular force for the execution of her design? If it
must then be admitted that the necessity of recurring to a force
different from the militia, in cases of this extraordinary nature, is
applicable to the State governments themselves, why should the
possibility, that the national government might be under a like
necessity, in similar extremities, be made an objection to its
existence? Is it not surprising that men who declare an attachment to
the Union in the abstract, should urge as an objection to the proposed
Constitution what applies with tenfold weight to the plan for which
they contend; and what, as far as it has any foundation in truth, is an
inevitable consequence of civil society upon an enlarged scale? Who
would not prefer that possibility to the unceasing agitations and
frequent revolutions which are the continual scourges of petty
republics?
Let us pursue this examination in another light. Suppose, in lieu of
one general system, two, or three, or even four Confederacies were to
be formed, would not the same difficulty oppose itself to the
operations of either of these Confederacies? Would not each of them be
exposed to the same casualties; and when these happened, be obliged to
have recourse to the same expedients for upholding its authority which
are objected to in a government for all the States? Would the militia,
in this supposition, be more ready or more able to support the federal
authority than in the case of a general union? All candid and
intelligent men must, upon due consideration, acknowledge that the
principle of the objection is equally applicable to either of the two
cases; and that whether we have one government for all the States, or
different governments for different parcels of them, or even if there
should be an entire separation of the States, there might sometimes be
a necessity to make use of a force constituted differently from the
militia, to preserve the peace of the community and to maintain the
just authority of the laws against those violent invasions of them
which amount to insurrections and rebellions.
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