Congress May Attempt to Make Militia Service Intolerable

16 June 1788

"MR. GEORGE MASON asked to what purpose the laws were read? The objection was, that too much power was given to congress- power that would finally destroy the state governments, more effectually by insidious underhanded means, than such as could be open practised. This, said he, is the opinion of many worthy men, not only in this convention, but in all parts of America. These laws could only shew, that the legislature of this state could pass such acts. He thought they militated against the cession of this power to congress, because the state governments could call forth the militia when necessary, so as to compel a submission to the laws; and as they were competent to it, congress ought not to have the power. The meeting of three or four persons might be called an insurrection; and the militia might be called out to disperse them. He was not satisfied with the explanation of the word organization, by a gentleman in the military line (MR. LEE). He thought they were not confined to the technical explanation. But that congress could inflict severe and ignominious punishments on the militia, as a necessary incident to the power of organizing and disciplining them. The gentleman had said there was no danger, because the laws respecting the militia were less rigid in the other states than this. This was no conclusive argument. His fears, as he had before expressed, were, that grievous punishments would be inflicted in order to render the service disagreeable to the militia themselves, and induce them to wish its abolition, which would afford a pretence for establishing a standing army. He was convinced the state governments ought to have the controul of the militia, except when they were absolutely necessary for general purposes. The gentleman had said, that they would be only subject to martial law, when in actual service. He demanded what was to hinder congress from inflicting it always, and making a general law for the purpose? If so, said he, it must finally produce, most infallibly, the annihilation of the state governments. These were his apprehensions; but he prayed God they might be groundless."

Source: (Rutland, The Papers of George Mason, Vol. III., p.1079-1080. (1970)).