But how is the Executive to ascertain the behest of the people? In
accordance with the modes which they, as a part of their behest,
indicate. But as there are two methods of fulfilling the wishes of the
people, one adapted to the ordinary routine of peaceful times, and
another to the more summary necessities of war, so there are two
methods, calculated for these diverse national states, by which the
Government must discover the will of the people. The slow, deliberate
action of the ballot box and of the legislative body is amply
expeditious for the purposes of undisturbed and tranquil periods. But in
times of rebellion or invasion, the waiting and delay which are often
essential to the prosecution of forms prescribed for undisturbed epochs
are, as has been said, simply impossible. War is a period in which
methods and procedures are required diametrically opposite to those
which are so fruitful of good in days of peace. The lawbreaker who comes
with an army at his back cannot be served with a sheriff's warrant, nor
arrested by a constable. War involves unforeseen emergencies, to meet
which there is no time for calling Congress together, or taking the
sense of the populace by a ballot. It is full of attempted surprises,
which must be guarded against on the instant, and of dangers which must
be quickly avoided, but for whose guardance or avoidance the statutes
make no provision. Hence arises a necessity for a mode of ascertaining
the will of the people other than the slow medium of formal legislation
or of balloting.

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