The Continental Monthly, Vol. 4, No. 4, October, 1863: Devoted to Literature and National PolicyVarious
History
The Continental Monthly, Vol. 4, No. 4, October, 1863: Devoted to Literature and National Policy
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
Acting in good faith, the Federal Government has the undoubted right to
provide for its own security, and to follow its military measures with
all those supplementary proceedings which are usual and appropriate to
this end. This principle surely cannot be questioned; and if so, it
involves everything, leaving the question one only of practical
expediency and of good faith in the choice of means.
But it is said there is and indeed can be no war between the Government
and any of the States; but only between the former, and certain
rebellious individuals in the States. We are well aware that in the
ordinary operation of the Federal Government, it acts directly on
individuals and not on States. The cause of this arrangement and its
purpose are well understood. But in case of war or insurrection, the
power must be coextensive with the emergency which calls it forth. If
States are actually in rebellion, then of necessity the Government must
treat that fact according to its real nature. The fiction of supposing
the State to be loyal when its citizens are all traitors, and of
considering it incapable of insurrection when all its authorities are
notoriously in open rebellion, would be not less pernicious in its folly
and imbecility than it would be absurd to the common sense of mankind.
Undoubtedly it may be true in some instances, that the rebellion has
usurped authority in the States. The will of the people may have been
utterly disregarded, and set aside by violence or fraud. The
insurrectionary government of the State may be only the government _de
facto_ and not _de jure_, using these terms with reference only to the
State and its people, and not with reference to the paramount authority
of the Union which, under all circumstances, deprives the
insurrectionary State organization of any legal character whatever. In
all cases of such usurped authority, the people of the States would have
the unquestionable right to be restored to the Union upon the terms of
their recent connection, without any conditions whatever. It would be
the solemn duty of the United States to defend each one of its members
from the violence which might thus have overthrown its legitimate
government. But, on the other hand, when the people of the States
themselves have inaugurated the insurrectionary movement and have
voluntarily sustained it in its war upon the Government, then no such
favor can reasonably be claimed for them. If excitement and delusion
have suddenly hurried them into rebellion against their better judgments
and their real inclinations, they are to be pitied for their misfortune,
and ought to be treated with great leniency and favor; but they cannot
claim exemption from those conditions which may be imperatively demanded
for the future security and tranquillity of the country.
Public-domain text, read in full here on John Shaqi.
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