Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/77

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
CH. XXI.]
POWERS OF CONGRESS—WAR.
69

ations upon the power; since it is obvious, that emergencies may arise, which would require the most various, and independent exercises of it. The country would otherwise be in danger of losing both its liberty and its sovereignty, from its dread of investing the public councils with the power of defending it. It would be more willing to submit to foreign conquest, than to domestic rule.

§ 1179. But in times of peace the power may be at least equally important, though not so often required to be put in full exercise. The United States are surrounded by the colonies and dependencies of potent foreign governments, whose maritime power may furnish them with the means of annoyance, and mischief, and invasion. To guard ourselves against evils of this sort, it is indispensable for us to have proper forts and garrisons, stationed at the weak points, to overawe or check incursions. Besides; it will be equally important to protect our frontiers against the Indians, and keep them in a state of due submission and control.[1] The garrisons can be furnished only by occasional detachments of militia, or by regular troops in the pay of the government. The first would be impracticable, or extremely inconvenient, if not positively pernicious. The militia would not, in times of profound peace, submit to be dragged from their occupations and families to perform such a disagreeable duty. And if they would, the increased expenses of a frequent rotation in the service; the loss of time and labour; and the breaking up of the ordinary employments of life; would make it an extremely ineligible scheme of military power. The true and proper recourse should, there-
  1. The Federalist, No. 24, 25; 2 Elliot's Debates, 292, 293.