. . . In the present state of mankind, and of conducting war, the government of every nation must have power to raise and keep up regular troops.
The question is, how shall this power be lodged? In an entire government, as in Great-Britain, where the people assemble by their representatives
in one legislature, there is no difficulty; it is of course properly lodged in that legislature. But in a confederated republic, where the organization
consists of a federal head, and local governments, there is no one part in which it can be solely, and safely lodged. By Art. 1., Sect. 8.,
"congress shall have power to raise and support armies," etc. By Art. I., Sect. 10., "no state, without the consent of congress,
shall keep troops, or ships of war, in time of peace." It seems fit the union should direct the raising of troops, and the union may do it in two ways:
by requisitions on the states, or by direct taxes. The first is most conformable to the federal plan, and safest....
If a federal town be necessary for the residence of congress and the public officers, it ought to be a small one, and the government of it fixed on republican
and common law principles, carefully enumerated and established by the constitution. it is true, the states, when they shall cede places, may stipulate that
the laws and government of congress in them shall always be formed on such principles. But it is easy to discern, that the stipulations of a state, or of the
inhabitants of the place ceded, can be of but little avail against the power and gradual encroachments of the union. The principles ought to be established by
the federal constitution, to which all states are parties; but in no event can there be any need of so large a city and places for forts, etc., totally
exempted from the laws and jurisdictions of the state governments. If I understand the constitution, the laws of congress, constitutionally made, will have
complete and supreme jurisdiction to all federal purposes, on every inch of ground in the United States, and exclusive jurisdiction on the high seas....
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By Article I., section 8., congress shall have power to establish uniform laws on the subject of bankruptcies throughout the United States.
It is to be observed, that the separate states have ever been in possession of the power, and in the use of it, of making bankrupt-laws, militia laws,
and laws in some other cases, respecting which, the new constitution, when adopted, will give the union power to legislate, etc. But no words are used
by the constitution to exclude the jurisdiction of the several states, and whether they will be excluded or not, or whether they and the union will
have concurrent jurisdiction or not, must be determined by inference, and from the nature of the subject. If the power, for instance, to make uniform
laws on the subject of bankruptcies, is in its nature indivisible, or incapable of being exercised by two legislatures independently, or by one in
aid of the other, then the states are excluded, and cannot legislate at all on the subject, even though the union should neglect or find it
impracticable to establish uniform bankrupt laws....
1. "Congress cannot train the militia." This is not strictly true. For by the 1st Article they are empowered "to provide for organizing, arming, and disciplining"
them; and tho' the respective states are said to have the authority of training the militia, it must be "according to the discipline prescribed by Congress."
In this business, therefore, they will be no other than subalterns under Congress, to execute their orders; which, if they shall neglect to do, Congress will
have constitutional powers to provide for, by any other means they shall think proper. They shall have power to declare what description of persons shall compose
the militia; to appoint the stated times and places for exercising them; to compel personal attendance, whether when called for into actual service, or on other
occasions, under what penalties they shall think proper, without regard to scruples of conscience or any other consideration. Their executive officer may march
and countermarch them from one extremity of the state to the other-and all this without so much as consulting the legislature of the particular states....
 
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