the country, as a defenceless prey; or to drain its resources by a levy of contributions, at once irresistible and ruinous.[1] It would be in vain to look to the militia for an adequate defence under such circumstances. This reliance came very near losing us our independence, and was the occasion of the useless expenditure of many millions. The history of other countries, and our past experience, admonish us, that a regular force, well disciplined and well supplied, is the cheapest, and the only effectual means of resisting the inroads of a well disciplined foreign army.[2] In short, under such circumstances the constitution must be either violated, (as it in fact was by the states under the confederation,[3]) or our liberties must be placed in extreme jeopardy. Too much precaution often leads to as many difficulties, as too much confidence. How could a readiness for war in time of peace be safely prohibited, unless we could in like manner prohibit the preparations and establishments of every hostile nation? The means of security can be only regulated by the means and the danger of attack. They will, in fact, ever be determined by these rules, and no other. It will be in vain to oppose constitutional barriers to the impulse of self-preservation.[4]
§ 1181. But the dangers from abroad are not alone those, which are to be guarded against in the structure of the national government. Cases may occur, and indeed are contemplated by the constitution itself to occur, in which military force may be indispensable to enforce the laws, or to suppress domestic insurrections. Where the resistance is confined to a few insurgents, the sup-Page:Joseph Story, Commentaries on the Constitution of the United States (1st ed, 1833, vol III).djvu/79
CH. XXI.]
POWERS OF CONGRESS—WAR.
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