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
The Government of the United States is the servant of its people. It was
ordained to insure for _them_ 'domestic tranquillity, provide for the
common defence, promote the general welfare, and secure the blessings of
liberty to' themselves and their posterity. Its laws and statutes are
but the forms by which the people attempt to secure these things. But
the people are sovereign, even over their laws. As they have instituted
them _for their own good_, so may they dispense with them for their own
good, whenever the national safety requires this. As they have
established certain modes of lawful procedure _for their own security_,
so may they adopt other modes when their safety demands it. Their laws
and their codes of procedure are for their _uses_, not for their
destruction. 'When a sister State is endangered, red tape must be cut,'
said Governor Seymour, when it was telegraphed to him that some delaying
forms must be gone through in order to arm and send off our State
troops who were ordered to the defence of Harrisburg; and all the people
said, Amen! The people of the United States inaugurated a government,
whose forms of law were admirably suited to times of peace, but have
been found inadequate to seasons of intestine strife. They have, as we
have seen, superadded, in some degree, other methods of action,
indorsing and adopting those to which the Executive was compelled to
resort as better adapted to changed conditions. They have not done this
in accordance with prescribed forms, in all instances, because the forms
of _civil_ government do not provide for a condition of society in which
civil authority is virtually abrogated, to a greater or less extent, for
military authority.
In the same way and by virtue of the same sovereignty, the people of the
United States may lay aside the common method of indicating their
pleasure to the Executive, and substitute one more in consonance with
the requirements of the times. They may make known that they _do_ lay
aside an established mode, either by a formal notice or by a general
tacit understanding, as the exigencies of the case require. They may
recognize the right, aye, the _duty_ of the Executive to act in
accordance with other methods than those prescribed for ordinary
seasons, in cases where the national security demands this.
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