general power of the government to pass all laws necessary and proper to execute its declared powers, would doubtless authorize laws to call forth the posse comitatus, and employ the common magistracy, in cases, where such measures would suit the emergency.[1] But if the militia could not be called in aid, it would be absolutely indispensable to the common safety to keep up a strong regular force in time of peace.[2] The latter would certainly not be desirable, or economical; and therefore this power over the militia is highly salutary to the public repose, and at the same time an additional security to the public liberty. In times of insurrection or invasion, it would be natural and proper, that the militia of a neighbouring state should be marched into another to resist a common enemy, or guard the republic against the violences of a domestic faction or sedition. But it is scarcely possible, that in the exercise of the power the militia should ever be called to march great distances, since it would be at once the most expensive and the most inconvenient force, which the government could employ for distant expeditions.[3] The regulation of the whole subject is always to be in the power of congress; and it may from time to time be moulded so, as to escape from all dangerous abuses.
§ 1197. Notwithstanding the reasonableness of these suggestions, the power was made the subject of the most warm appeals to the people, to alarm their fears, and surprise their judgment.[4] At one time it was said,- ↑ 2 Elliot's Debates, 300, 304, 305, 308, 309.
- ↑ The Federalist, No. 29; 2 Elliot's Debates, 292, 293, 294, 308, 309.
- ↑ The Federalist, No. 29; 2 Elliot's Deb. 92, 107, 108, 292, 293, 294, 308, 309; 3 Elliot's Deb. 305, 306.
- ↑ 2 Elliot's Deb. 06, 67, 307, 310, 314, 315; The Federalist, No. 29; Luther Martin's Address, Yates's Minutes; 4 Elliot's Deb. 33, 34.
