Militia Duty May Become Onerous Unless the Power of Congress is Amended

16 June 1788

Mr. Chairman—A worthy member has asked, who are the militia, if they be not the people, of this country, and if we are not to be protected from the fate of the Germans, Prussians, &c. by our representation? I ask who are the militia? They consist now of the whole people, except a few public officers. But I cannot say who will be the militia of the future day. If that paper on the table gets no alteration, the militia of the future day may not consist of all classes, high and low, and rich and poor; but may be confined to the lower and middle classes of the people, granting exclusion to the higher classes of the people. If we should ever see that day, the most ignominious punishments and heavy fines may be expected. Under the present government all ranks of people are subject to militia duty. Under such a full and equal representation as ours, there can be no ignominious punishments inflicted. But under this national, or rather consolidated government, the case will be different. The representation being so small, and inadequate, they will have no fellow-feeling for the people. They may discriminate people in their own predicament, and exempt from militia duty all the officers and lowest creatures of the national government. If there were a more particular definition of their powers, and a clause exempting the militia from martial law, except when in actual service, and from fines and punishments of an unusual nature, then we might expect that the militia would be what they are. But if this be not the case we cannot say how long all classes of people will be included in the militia. There will not be the same reason to expect it, because the government will be administered by different people. We know what they are now, but know not how soon they may be altered.

[Nicholas ripped into the Antifederalists' objections to the militia clause and accused them of making specious and opposing point: concerning membership in militia companies. "One objects because there will be select militia—Another objects because there will be no select militia. . . ."]

Mr. MASON arose, and said, that he was totally misunderstood. The contrast between his friend's objection and his was improper His friend had mentioned the propriety of having select militia, like those of Great-Britain, who should be more thoroughly exercised than the militia at large could possibly be. But he, himself, had not spoken of a selection of militia, but of the exemption of the highest classes of the people from militia service; which would justify apprehensions of severe and ignominious punishments.

Source: (Rutland, The Papers of George Mason, Vol. III., p.1080-1081. (1970)).