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Page:Federalist, Dawson edition, 1863.djvu/302

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158
The Fœderalist.

contained an interdiction of standing armies in time of peace; that the other eleven had either observed a profound silence on the subject, or had in express terms admitted the right of the Legislature to authorize their existence.

Still, however, he would be persuaded that there must be some plausible foundation for the cry raised on this head. He would never be able to imagine, while any source of information remained unexplored, that it was nothing more than an experiment upon the public credulity, dictated either by a deliberate intention to deceive, or by the overflowings of a zeal too intemperate to be ingenuous. It would probably occur to him, that he would be likely to find the precautions he was in search of in the primitive compact between the States. Here, at length, he would expect to meet with a solution of the enigma. No doubt, he would observe to himself, the existing Confederation must contain the most explicit provisions against military establishments in time of peace; and a departure from this model, in a favorite point, has occasioned the discontent which appears to influence these political champions.

If he should now apply himself to a careful and critical survey of the Articles of Confederation, his astonishment would not only be increased, but would acquire a mixture of indignation, at the unexpected discovery, that these Articles, instead of containing the prohibition he looked for, and though they had, with jealous circumspection, restricted the authority of the State Legislatures in this particular, had not imposed a single restraint [1]

  1. mies are dangerous to liberty, and ought not to be raised or kept up without the consent of the Legislature;" which is a formal admission of the authority of the Legislature. New York has no Bill of Rights, and her Constitution says not a word about the matter. No Bills of Rights appear annexed to the Constitutions of the other States, except the foregoing, and their Constitutions are equally silent. I am told, however that one or two States have Bills of Rights which do not appear in this collection; but that those also recognize the right of the legislative authority in this respect.—Publius.