The Continental Monthly, Vol. 4, No. 5, November, 1863Various
History
The Continental Monthly, Vol. 4, No. 5, November, 1863
Various
Literature, Modern -- 19th century -- Periodicals; United States -- Politics and government -- 19th century -- Periodicals
The rebels arrest, imprison, or banish those who are disaffected to
their cause. They have a right to do so, provided their rebellion itself
be justifiable; although they have made themselves objects of just
execration and abhorrence by the abominable atrocities of cruelty and
murder they have in thousands of instances perpetrated upon those whom
they knew or suspected to be faithful to the Union. Your sensibilities,
however, are excited only in behalf of the traitors among us, who have
done more, and are doing more, to aid and comfort the public enemy, and
to weaken the military power of the Government, than whole divisions of
rebels in arms. While millions of good patriots stand amazed at the
extraordinary and unparalleled leniency with which the Government has
for the most part dealt with these traitors--that is, _done nothing_
with them--you and your associates are fierce in your denunciations of
its action in the few cases in which it has temporarily arrested them;
and even the requiring of them to take the oath of allegiance as a
condition of release, has been made matter of bitter invective. What but
disloyalty to the national cause, what but sympathy with the rebels, can
prompt such denunciations--made, too, with a view to stir up popular
disaffection to the Government?
To sum up: I have shown that all the acts you denounce are as perfectly
constitutional as they are just and necessary in principle, and
sanctioned by the practice of all Governments.
But even if it were otherwise; even if the framers of the
Constitution--never contemplating the possibility of such a crisis as
the present--had embodied in that instrument no provision of
extraordinary powers for such an exigency--none the less would it be the
duty and the right of Congress and of the Executive to adopt whatever
measures they should judge the public safety to require. What the
Constitution had not granted they would be bound, if necessary, to
assume; and even if the Constitution stood in the way, they would be
bound to go over it in order to save the national existence. It is one
of those cases in which necessity gives sovereign right. It is doubtless
a very illegal thing to blow up people's houses, yet what civic
magistrate, not a fool, would hesitate to do it when nothing else could
arrest the conflagration of a city; and what court of law is there
(outside of _Liliput_, where poor Gulliver was condemned to death for
saving the royal palace by an illegal fire engine) so foolish as to
sustain an action against the magistrate in such a case? What must be
thought, then, of the good sense and loyalty of those who would
interpose the Constitution to prevent the suppression of a gigantic
rebellion, which puts the Constitution, the Government, and the national
existence in imminent peril of destruction? Who, that knows anything
which a man of decent intelligence is bound to know, but knows that
'_the salvation of the republic is the supreme law_?' On this principle
Public-domain text, read in full here on John Shaqi.
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