Page:The Records of the Federal Convention of 1787 Volume 3.djvu/424

  I could make. But, my dear Sir, what can a history of the Constitution avail towards interpreting its provisions. This must be done by comparing the plain import of the words, with the general tenor and object of the instrument. That instrument was written by the fingers, which write this letter. Having rejected redundant and equivocal terms, I believed it to be as clear as our language would permit; excepting, nevertheless, a part of what relates to the judiciary. On that subject, conflicting opinions had been maintained with so much professional astuteness, that it became necessary to select phrases, which expressing my own notions would not alarm others, nor shock their selflove, and to the best of my recollection, this was the only part which passed without cavil.

ⅭⅭⅭⅩⅤ.

Morrisania, January 12th, 1815.

When, in framing the Constitution, we restricted so closely the power of government over our fellow citizens of the militia, it was not because we supposed there would ever be a Congress so mad as to attempt tyrannizing over the people or militia, by the militia. The danger we meant chiefly to provide against was, the hazarding of the national safety by a reliance on that expensive and inefficient force. An overweening vanity leads the fond many, each man against the conviction of his own heart, to believe or affect to believe, that militia can beat veteran troops in the open field and even play of battle. This idle notion, fed by vaunting demagogues, alarmed us for our country, when in the course of that time and chance, which happen to all, she should be at war with a great power.

Those, who, during the Revolutionary storm, had confidential acquaintance with the conduct of affairs, knew well that to rely on militia was to lean on a broken reed. We knew, also, that to coop up in a camp those habituated to the freedom and comforts of social life, without subjecting them to the strict observation and severe control of officers regularly bred, would expose them to such fell disease, that pestilence would make more havoc than the sword. We knew that when militia were of necessity called out, and nothing but necessity can justify the call, mercy as well as policy requires, that they be led immediately to attack their foe. This gives them a tolerable chance; and when superior in number, possessing, as they must, a correct knowledge of the country, it is not improbable that their efforts may be crowned with success. To that end,