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The Congressional Power to Raise Armies: The Constitutional and Ratifying Conventions, 1787–1788

Published online by Cambridge University Press:  05 August 2009

Extract

When the American people wrote and ratified the Constitution they were the heirs of a tradition of opposition to a standing army. The tradition was derived from tales of Stuart tyranny and was strengthened by the recent victorious contest with the professional soldiery of Great Britain and Germany in the War for Independence. This attitude was carried into the Constitutional Convention and the ratification controversy. Even the friends of the Constitution were doubtful of the military power it granted to the Congress and where friends of the Constitution had reservations, enemies had hostility. Opponents of the Constitution almost unanimously attacked the army clause. Some attacked the power to raise and support an army because they preferred to rely upon the state militia. Others accepted the necessity of a national force but thought of it as a dangerous tool which should be fenced about with legal limitations.

Type
Research Article
Copyright
Copyright © University of Notre Dame 1971

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References

1 For example, see Gerry, Elbridge, Massachusetts, , quoted in Farrand, Max, ed., The Records of the Federal Convention of 1787 (New Haven, 1911), II, 329Google Scholar. Hereafter cited: Farrand, Records.

2 Jefferson to Smith, February, 1788, cited in Bancroft, George, History of the Formation of the Constitution of the United States of America, 5th ed. (New York, 1885), II, 459Google Scholar;The Federalist, Number 41, Modern Library edition (New York, 1937), pp. 262263Google Scholar, hereafter cited: Federalist; Madison, James in Elliot, Jonathan, ed., The Debates in the Several State Conventions on the Adoption of the Federal Constitution, 2d ed. (Philadelphia, 1861), III, 381Google Scholar, hereafter cited: Elliot, Debates.

3 Smith, Melancthon, An Address to the People of the State of New York, in Ford, Paul L., ed., Pamphlets on the Constitution of the United States, Published During Its Discussion by the People (Brooklyn, 1888), p. 103Google Scholar, hereafter cited: Ford, Pamphlets.

4 Journal of the Continental Congress, June 2, 1784, cited in Spaulding, Lyman, The United States Army in War and Peace (New York, 1937), pp. 116117Google Scholar;Hanson, Alexander Contee, Remarks on the Proposed Plan of a Federal Government, in , Ford, Pamphlets, p. 235Google Scholar; James Winthrop [?] “Letters of Agrippa,” Massachusetts Gazette, Numbers 13 and 14, in Ford, Paul L., ed., Essays on the Constitution of the United States, Published During Its Discussion by the People (Brooklyn, 1892), pp. 94Google Scholar, 103, hereafter cited: Ford, Essays. Winthrop illustrated the state-rights position in general terms.

5 Edmund Randolph, Virginia, May 24, 1787, quoted in Farrand, , Records, I, 25Google Scholar; Otto to Montmorin, April 10, 1787, ibid., III, 16.

6 Randolph, , in the Virginia Convention, quoted in Elliot, Debates, III, 401Google Scholar.

7 Farrand, , Records, II, 509Google Scholar;Elliot, , Debates, I, 371Google Scholar.

8 Farrand, , Records, II, 330, 509Google Scholar.

9 Ibid., II, 616–617.

10 Ibid., II, 635, 640.

11 Pinckney, Charles, South Carolina, in Elliot, Debates, IV, 260261Google Scholar.

12 Wilson, James, Substance of an Address to the Citizens of Philadelphia, in Ford, Pamphlets, p. 158Google Scholar.

13 Alexander Contee Hanson in ibid., p. 235.

14 Wilson, James in , Elliot, Debates, II, 520Google Scholar.

15 Hanson, Alexander Contee in Ford, Pamphlets, p. 234Google Scholar.

16 Iredell, James, North Carolina, in Elliot, Debates, IV, 9596Google Scholar.

17 Federalist, Number 25, p. 157; Iredell, James, Answers to Mr. Mason's objections to the new Constitution, recommended by the late Convention, in Ford, Pamphlets, pp. 365366Google Scholar.

18 Madison, James, Federalist, Number 41, p. 262Google Scholar.

19 Cited by Hamilton, ibid., Number 24, pp. 148, 149–150.

20 Elliot, , Debates, II, 536, IV, 98Google Scholar;Coxe, Tench, An Examination of the Constitution for the United States of America (Philadelphia, 1789)Google Scholar, in Ford, , Pamphlets, p. 150Google Scholar.

21 Hamilton, , Federalist, Number 24, p. 150Google Scholar;Elliot, , Debates, II, 521Google Scholar.

22 Ellsworth, Oliver, “The Letters of a Landholder,” X, to the Connecticut Courant, in , Ford, Essays, p. 190Google Scholar.

23 For example see Wilson, James in , Elliot, Debates, II, 520Google Scholar, and Hamilton, , Federalist, Number 24, p. 152Google Scholar.

24 Gerry, Elbridge, Observations on the New Constitution and on the Federal and State Conventions, By a Columbian Patriot (Boston, 1788), in Ford, Pamphlets, p. 10Google Scholar.

25 Elliot, , Debates, III, 51Google Scholar.

26 The Address of Reasons of Dissent of the Minority of the Convention of the State of Pennsylvania to their Constituents,” Philadelphia, 1787Google Scholar. (Photostats of broadsides issued by the United States Sesquicentennial Commission, Washington, 1938.) Dawson, John of Virginia in Elliot, Debates, III, 611Google Scholar.

27 William Grayson of Virginia, ibid., III, 277; “General Thompson” of Massachusetts, ibid., II, 80.

28 Madison, ibid., II, 91, 309.

29 John Marshall of Virginia, William Phillips of Massachusetts, James Wilson of Pennsylvania, ibid., III, 227, II, 68, II, 521 (respectively); Iredell, , in Ford, Pamphlets, pp. 364365Google Scholar.

30 Hamilton, , Federalist, Number 28, p. 172Google Scholar.

31 Lee, Henry of Virginia, Elliot, Debates, III, 180Google Scholar.

32 Ibid., II, 102–103.

33 Hamilton, , Federalist, Number 27, p. 166Google Scholar.

34 Pickering, Octavius, The Life of Timothy Pickering (Boston, 1873), II, 365Google Scholar;Hamilton, , Federalist, Number 24, p. 152Google Scholar;Hanson, , in , Ford, Pamphlets p. 235Google Scholar;Corbin, Francis of Virginia, in Elliot, Debates, III, 112113Google Scholar.

35 Hamilton, , Federalist, Numbers 19, 22, pp. 116Google Scholar, 133; Randolph, in Farrand, Records, I, 25Google Scholar;Livingston, Robert of New York, in Elliot, Debates, II, 278Google Scholar.

36 Livingston, Robert of New York, in Elliot, Debates, III, 378Google Scholar.

37 Hamilton, , Federalist, Number 8, pp. 4243Google Scholar; Madison, ibid., Number 41, p. 262; Randolph, in , Elliot, Debates, III, 114Google Scholar.

38 Henry, Patrick of Virginia, in Elliot, Debates, III, 51Google Scholar; George Mason of Virginia, ibid., III, 380; Samuel Nason, of Massachusetts, ibid., II, 136; Address of Reasons of Dissent of the Minority of the Convention of the State of Pennsylvania to their Constituents,” Philadephia, 1787Google Scholar. (Photostats of broadsides issued by the United States Sesquicentennial Commission, Washington, 1938.)

39 Hanson, , in , Ford, Pamphlets, pp. 234Google Scholar, 235; Dawes, Thomas of Massachusetts in Elliot, Debates, II, 9798; Federalist, Numbers 26, 41, pp. 160, 263Google Scholar.

40 Pickering, , The Life of Timothy Pickering, II, 365Google Scholar;Hamilton, and Madison, , Federalist, Numbers 8 and 46, respectively, pp. 44, 310Google Scholar;Webster, Noah, An Examination into the Leading Principles of the Federal Constitution (Philadelphia, 1787)Google Scholar, in Ford, , Pamphlets, p. 56Google Scholar;Lee, Henry, of Virginia, in , Elliot, Debates, III, 181Google Scholar.

41 Patrick Henry, of Virginia, ibid., III, 169; Samuel Nason, of Massachusetts, ibid., II, 137; Lee, Richard Henry, Observation Leading to a Fair Examination of the System of Government Proposed by the Late Convention, in Ford, Pamphlets, p. 305Google Scholar.

42 Hamilton, and Madison, , Federalist, Numbers 25 and 28 respectively, pp. 153, 173Google Scholar.

43 See Lancaster, William, of North Carolina, in Elliot, Debates, IV, 214Google Scholar.

44 Hamilton, , Federalist, Number 25, p. 157Google Scholar; see the Virginian comments by Randolph, , Lee, Henry, and Nicholas, John, in Elliot, Debates, I, 483Google Scholar, III, 178, III, 389, respectively.

45 Lee, Richard Henry, in Ford, , Pamphlets, p. 304Google Scholar;Centinal Number II, To the People of Pennsylvania (Philadelphia, 1787)Google Scholar, photostats issued by the United States Sesquicentennial Commission, Washington, D.C., 1938.

46 Hamilton, and Madison, , Federalist, Numbers 23 and 41, pp. 142Google Scholar, 261–262, respectively; Iredell, , in Ford, Pamphlets, p. 365Google Scholar.

47 Wilson, James, of Pennsylvania, and Parsons, Theophilus, of Massachusetts, in Elliot, Debates, II, 520Google Scholar, and II, 89, respectively.

48 William Dawes, of Massachusetts, ibid., II, 98; James Iredell, ibid., IV, 98; Hamilton, , Federalist, Number 26, p. 164Google Scholar; Madison, ibid., Number 41, p. 264; Iredell, , in Ford, Pamphlets, p. 364Google Scholar.

49 Elliot, , Debates, II, 203Google Scholar, 406, 411, 545; III, 657, 660; IV, 243, 245; Foster, Theodore, Minutes of the Convention Held at South Kingston, Rhode Island (Providence, 1929), pp. 97, 98Google Scholar.