Who shall judge of the
continuance of the danger? This must undoubtedly be submitted to the
national government, and the matter would then be brought to this issue,
that the national government, to provide against apprehended danger,
might in the first instance raise troops, and might afterwards keep them
on foot as long as they supposed the peace or safety of the community
was in any degree of jeopardy. It is easy to perceive that a discretion
so latitudinary as this would afford ample room for eluding the force of
the provision.
The supposed utility of a provision of this kind can only be founded on
the supposed probability, or at least possibility, of a combination
between the executive and the legislative, in some scheme of usurpation.
Should this at any time happen, how easy would it be to fabricate
pretenses of approaching danger! Indian hostilities, instigated by Spain
or Britain, would always be at hand. Provocations to produce the desired
appearances might even be given to some foreign power, and appeased
again by timely concessions. If we can reasonably presume such a
combination to have been formed, and that the enterprise is warranted by
a sufficient prospect of success, the army, when once raised, from
whatever cause, or on whatever pretext, may be applied to the execution
of the project.
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