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<h2> FEDERALIST No. 28. The Same Subject Continued (The Idea of Restraining the Legislative Authority in Regard to the Common Defense Considered) </h2>
<h3> For the Independent Journal. Wednesday, December 26, 1787 </h3>
<p>HAMILTON</p>
<p>To the People of the State of New York:</p>
<p>THAT there may happen cases in which the national government may be
necessitated to resort to force, cannot be denied. Our own experience has
corroborated the lessons taught by the examples of other nations; that
emergencies of this sort will sometimes arise in all societies, however
constituted; that seditions and insurrections are, unhappily, maladies as
inseparable from the body politic as tumors and eruptions from the natural
body; that the idea of governing at all times by the simple force of law
(which we have been told is the only admissible principle of republican
government), has no place but in the reveries of those political doctors
whose sagacity disdains the admonitions of experimental instruction.</p>
<p>Should such emergencies at any time happen under the national government,
there could be no remedy but force. The means to be employed must be
proportioned to the extent of the mischief. If it should be a slight
commotion in a small part of a State, the militia of the residue would be
adequate to its suppression; and the national presumption is that they
would be ready to do their duty. An insurrection, whatever may be its
immediate cause, eventually endangers all government. Regard to the public
peace, if not to the rights of the Union, would engage the citizens to
whom the contagion had not communicated itself to oppose the insurgents;
and if the general government should be found in practice conducive to the
prosperity and felicity of the people, it were irrational to believe that
they would be disinclined to its support.</p>
<p>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?</p>
<p>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.</p>
<p>Independent of all other reasonings upon the subject, it is a full answer
to those who require a more peremptory provision against military
establishments in time of peace, to say that the whole power of the
proposed government is to be in the hands of the representatives of the
people. This is the essential, and, after all, only efficacious security
for the rights and privileges of the people, which is attainable in civil
society.(1)</p>
<p>If the representatives of the people betray their constituents, there is
then no resource left but in the exertion of that original right of
self-defense which is paramount to all positive forms of government, and
which against the usurpations of the national rulers, may be exerted with
infinitely better prospect of success than against those of the rulers of
an individual state. In a single state, if the persons intrusted with
supreme power become usurpers, the different parcels, subdivisions, or
districts of which it consists, having no distinct government in each, can
take no regular measures for defense. The citizens must rush tumultuously
to arms, without concert, without system, without resource; except in
their courage and despair. The usurpers, clothed with the forms of legal
authority, can too often crush the opposition in embryo. The smaller the
extent of the territory, the more difficult will it be for the people to
form a regular or systematic plan of opposition, and the more easy will it
be to defeat their early efforts. Intelligence can be more speedily
obtained of their preparations and movements, and the military force in
the possession of the usurpers can be more rapidly directed against the
part where the opposition has begun. In this situation there must be a
peculiar coincidence of circumstances to insure success to the popular
resistance.</p>
<p>The obstacles to usurpation and the facilities of resistance increase with
the increased extent of the state, provided the citizens understand their
rights and are disposed to defend them. The natural strength of the people
in a large community, in proportion to the artificial strength of the
government, is greater than in a small, and of course more competent to a
struggle with the attempts of the government to establish a tyranny. But
in a confederacy the people, without exaggeration, may be said to be
entirely the masters of their own fate. Power being almost always the
rival of power, the general government will at all times stand ready to
check the usurpations of the state governments, and these will have the
same disposition towards the general government. The people, by throwing
themselves into either scale, will infallibly make it preponderate. If
their rights are invaded by either, they can make use of the other as the
instrument of redress. How wise will it be in them by cherishing the union
to preserve to themselves an advantage which can never be too highly
prized!</p>
<p>It may safely be received as an axiom in our political system, that the
State governments will, in all possible contingencies, afford complete
security against invasions of the public liberty by the national
authority. Projects of usurpation cannot be masked under pretenses so
likely to escape the penetration of select bodies of men, as of the people
at large. The legislatures will have better means of information. They can
discover the danger at a distance; and possessing all the organs of civil
power, and the confidence of the people, they can at once adopt a regular
plan of opposition, in which they can combine all the resources of the
community. They can readily communicate with each other in the different
States, and unite their common forces for the protection of their common
liberty.</p>
<p>The great extent of the country is a further security. We have already
experienced its utility against the attacks of a foreign power. And it
would have precisely the same effect against the enterprises of ambitious
rulers in the national councils. If the federal army should be able to
quell the resistance of one State, the distant States would have it in
their power to make head with fresh forces. The advantages obtained in one
place must be abandoned to subdue the opposition in others; and the moment
the part which had been reduced to submission was left to itself, its
efforts would be renewed, and its resistance revive.</p>
<p>We should recollect that the extent of the military force must, at all
events, be regulated by the resources of the country. For a long time to
come, it will not be possible to maintain a large army; and as the means
of doing this increase, the population and natural strength of the
community will proportionably increase. When will the time arrive that the
federal government can raise and maintain an army capable of erecting a
despotism over the great body of the people of an immense empire, who are
in a situation, through the medium of their State governments, to take
measures for their own defense, with all the celerity, regularity, and
system of independent nations? The apprehension may be considered as a
disease, for which there can be found no cure in the resources of argument
and reasoning.</p>
<p>PUBLIUS</p>
<p>1. Its full efficacy will be examined hereafter.</p>
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