out of the same, at any one time, without the consent of the legislature of such State. This amendment I endeavoured to obtain; but it met with the same fate which attended almost every attempt to limit the powers given to the general government, and constitutionally to guard against their abuse, it was not adopted. As it now stands, the Congress will have the power, if they please, to march the whole militia of Maryland to the remotest part of the Union, and keep them in service as long as they think proper, without being in any respect dependent upon the Government of Maryland for this unlimited exercise of power over its citizens——All of whom, from the lowest to the greatest, may, during such service, be subjected to military law, and tied up and whipped at the halbert, like the meanest of slaves.
[53] By the next paragraph, Congress is to have the power to provide for organizing, arming, and disciplining the militia, and for governing such part of them as may be employed in the service of the United States.
[54] For this extraordinary provision, by which the militia, the only defence and protection which the State can have for the security of their rights against arbitrary encroachments of the general government, is taken entirely out of the power of their respective States, and placed under the power of Congress, it was speciously assigned as a reason, that the general government would cause the militia to be better regulated and better disciplined than the State governments, and that it would be proper for the whole militia of the Union to have a uniformity in their arms and exercise. To this it was answered, that the reason, however specious, was not just; that it would be absurd, the militia of the western settlements, who were exposed to an Indian enemy, should either be confined to the same arms or exercise as the militia of the eastern or middle States; that the same penalties which would be sufficient to enforce an obedience to militia laws in some States, would be totally disregarded in others; that, leaving the power to the several States, they would respectively best know the situation and circumstances of their citizens, and the regulations that would be necessary and sufficient to effect a well-regulated militia in each; that we were satisfied the militia had heretofore been as well disciplined as if they had been under the regulations of Congress, and that the States would now have an additional motive to keep their militia in proper order, and fit for service, as it would be the only chance to preserve their existence against a general government armed with powers sufficient to destroy them.
[55] These observations, Sir, procured from some of the members
