1. DEBATE OVER CONSTITUTION

offended-and, therefore, it is urged, they will take care of themselves,
that men who shall govern will not dare pay any disrespect to their
opinions. It is easily perceived, that if they have not their proper neg-
ative upon passing laws in congress, or on the passage of laws relative
to taxes and armies, they may in twenty or thirty years be by means
imperceptible to them, totally deprived of that boasted weight and
strength: This may be done in a great measure by congress, if disposed
to do it, by modelling the militia. Should one fifth, or one eighth part
of the men capable of bearing arms, be made a select militia, as has
been proposed, and those the young and ardent part of the community,
possessed of but little or no property, and all the others put upon a
plan that will render them of no importance, the former will answer
all the purposes of an army, while the latter will be defenceless. The
state must train the militia in such form and according to such systems
and rules as Congress shall prescribe: and the only actual influence the
respective states will have respecting the militia will be in appointing
the officers. I see no provision made for calling out the posse commitatus
for executing the laws of the union, but provision is made for Congress
to call forth the militia for the execution of them-and the militia in
general, or any select part of it, may be called out under military offi-
cers, instead of the sheriff to enforce an execution of federal laws, in
the first instance and thereby introduce an entire military execution of
the laws.19 I know that powers to raise taxes, to regulate the military
strength of the community on some uniform plan, to provide for its
defence and internal order, and for duly executing the laws, must be
lodged somewhere; but still we ought not to lodge them, as evidently
to give one another of them in the community, undue advantages over
others; or commit the many to the mercy, prudence, and moderation
of the few. And so far as it may be necessary to lodge any of the peculiar
powers in the general government, a more safe exercise of them ought
to be secured, by requiring the consent of two-thirds or three-fourths
of Congress thereto-until the federal representation can be increased,
so that the democratic members in Congress may stand some tolerable
chance of a reasonable negative, in behalf of the numerous, important,
and democratic part of the community.
I am not sufficiently acquainted with the laws and internal police of
all the states to discern fully, how general bankrupt laws, made by the
union, would effect them, or promote the public good. I believe the
property of debtors, in the several states, is held responsible for their
debts in modes and forms very different. If uniform bankrupt laws can
be made without producing real and substantial inconveniences, I wish
them to be made by Congress.

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