The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2Madison, James
History
The Journal of the Debates in the Convention which Framed the Constitution of the United States, May-September 1787. Volume 2
Madison, James
Constitutional law -- United States; Constitutions -- United States; United States. Constitution
M^r Elseworth was for going as far in submitting the militia to the
Gen^l Government as might be necessary, but thought the motion of M^r
Mason went too far. He moved that the militia should have the same arms
& exercise and be under rules established by the Gen^l Gov^t when in
actual service of the U. States and when States neglect to provide
regulations for militia, it sh^d be regulated & established by the
Legislature of U. S. The whole authority over the militia ought by no
means to be taken away from the States whose consequence would pine away
to nothing after such a sacrifice of power. He thought the Gen^l
Authority could not sufficiently pervade the Union for such a purpose,
nor could it accommodate itself to the local genius of the people. It
must be vain to ask the States to give the Militia out of their hands.
M^r Sherman 2^{ds} the motion.
M^r Dickenson. We are come now to a most important matter, that of the
sword. His opinion was that the States never would nor ought to give up
all authority over the Militia. He proposed to restrain the general
power to one fourth part at a time, which by rotation would discipline
the whole Militia.
M^r Butler urged the necessity of submitting the whole Militia to the
general Authority, which had the care of the general defence.
M^r Mason. had suggested the idea of a select militia. He was led to
think that would be in fact as much as the Gen^l Gov^t could
advantageously be charged with. He was afraid of creating insuperable
objections to the plan. He withdrew his original motion, and moved a
power "to make laws for regulating and disciplining the militia, not
exceeding one tenth part in any one year, and reserving the appointment
of officers to the States."
Gen^l Pinkney, renewed M^r Mason's original motion. For a part to be
under the Gen^l and a part under the State Gov^{ts} w^d be an incurable
evil. he saw no room for such distrust of the Gen^l Gov^t.
M^r Langdon 2^{ds} General Pinkney's renewal. He saw no more reason to
be afraid of the Gen^l Gov^t than of the State Gov^{ts}. He was more
apprehensive of the confusion of the different authorities on this
subject, than of either.
M^r Madison thought the regulation of the Militia naturally appertaining
to the authority charged with the public defence. It did not seem in its
nature to be divisible between two distinct authorities. If the States
would trust the Gen^l Gov^t with a power over the public treasure, they
would from the same consideration of necessity grant it the direction of
the public force. Those who had a full view of the public situation w^d
from a sense of the danger, guard ag^{st} it: the States would not be
separately impressed with the general situation, nor have the due
confidence in the concurrent exertions of each other.
Public-domain text, read in full here on John Shaqi.
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