The Continental Monthly, Vol. IV. October, 1863, No. IV. - Devoted to Literature and National Policy. by Various
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page 4 of 280 (01%)
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enactments minutely define the nature of an infringement of their
provisions, and point out the various methods of procedure in order to redress private grievance or to punish public wrong, in such instances. These statutes emanate from the people, are the expression of their will, and in consonance with them the action of the executive authorities must proceed, whenever the civil law is sufficient for the execution of legal measures. But there comes a time, in the course of a nation's existence, when the usual and regular methods of its life are interrupted; when peaceful systems and civilized adaptations are forced to give place to the ruder and more peremptory modes of procedure which belong to seasons of hostile strife. The slow, methodical, oftentimes tedious contrivances of ordinary law, admirably adapted for periods of national quietude, are utterly inadequate to the stern and unforeseen contingencies of civil war. Laws which are commonly sufficient to secure justice and afford protection, are then comparatively powerless for such ends. The large measure of liberty of speech and of the press safely accorded when there is ample time to correct false doctrines and to redress grievances through common methods, is incompatible with the rigorous promptitude, energy, celerity, and unity of action necessary to the preservation of national existence in times of rebellion. If an individual be suspected of conspiring against his country, at such a time, to leave him at liberty while the usual processes of law were being undertaken, would perhaps give him opportunity for consummating his designs and delivering the republic into the hands of its enemies. If a portion of the press circulate information calculated to aid the foe in the defeat of the national armies, to endeavor to prevent this evil by the slow routine of civil law, might result in the destruction of the state. The fact that we raise armies to secure obedience commonly enforced by the ordinary |
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