Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/84

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76
CONSTITUTION OF THE U. STATES.
[BOOK III.

party, which had inculcated an opposite opinion.[1] It is proper to remark, that the Federalist maintained, that the disciplining and effective organization of the whole militia would be impracticable; that the attention of the government ought particularly to be directed to the formation of a select corps of moderate size, upon such principles, as would really fit them for service in case of need; and that such select corps would constitute the best substitute for a large standing army, and the most formidable check upon any undue military powers; since it would be composed of citizens well disciplined, and well instructed in their rights and duties.[2]

§ 1188. The next power of congress is "to provide and maintain a navy."

§ 1189. Under the confederation congress possessed the power "to build and equip a navy."[3] The same language was adopted in the original draft of the constitution; and it was amended by substituting the present words, apparently without objection, as more broad and appropriate.[4] In the convention, the propriety of 1granting the power seems not to have been questioned. But it was assailed in the state conventions as dangerous. It was said, that commerce and navigation are the principal sources of the wealth of the maritime powers of Europe; and if we engaged in commerce, we should soon become their rivals. A navy would soon be
  1. See Act of 8th of Feb. 1812, ch. 22; Act of 6th of July, 1812, ch. 138; Act of 2nh of Feb. 1814, ch. 75; Act of 30th of March, 1814, ch. 90; Act of 27th of Jan. 1815, ch. 178. See also Act of 24th of Feb. 1807, ch. 70.
  2. The Federalist, No. 29.
  3. Art. 9.
  4. Journ. of Convention, 221, 262.